07-02-40 v MINUTES OF A MEETING OF THE ATLANTIC BEACH TOWN COUNCIL
SITTING AS AN EQUALIZATION BOARD IN THE MATTER OF SPECIAL
ASSESSMENTS FOR STREET IMPROVEMENTS, HELD AT THE TON
HALL, JULY 2, 1940.
Present:
E. L. Chiasson
J. C. Cutler
G. L. Rosborough
Thomas J. Trout .
The Town Attorney, Mr. C. C . Howell , Jr. , was also
present .
Pursuant to that certain notice published in strict
conformity with Section 7 of Chapter 9298, Laws of Florida ,
Acts of 1923 , end with Resolution No. 52 of the Town Council
of the Town of Atlantic Beach , Duval County, Florida , the
said Town Council , the Governing authority of the said Town,
met as an equalizing board to hear and consider any and all
complaints as to those certain special assessments fully
shown and set out in that certain "Town of Atlantic Beach,
Duval County, Florida , ASSESSMENT ROLL; Made in Accordance
with Section 3027 , Compiled General Laws of Florida , 1927 ;
Based upon Those Certain Resolutions Numbered, Respectively,
50, 51 and 52, and Passed by the Town Council of the said
Town; and in the matter of that Certain Street Improvement
Program Undertaken , in the Said Town, on July 28th, 1938,
and therein Completed on January 5th, 1939" .
The action of the said Town Council in adjusting and
equalizing the said assessments on a basis of justice and
right was as follows:
The Clerk submitted a list of adjustments made
necessary because of variance in survey; this list of ad-
justments is as follows:
Lot 1 , Block 1 , J. Carter
Reduce from 125 feet to 110 feet.
Lot 35, Block 5
Reduce from 50 feet to 31 feet.
Lot 36, Block 6
Reduce from 50 feet to 31 feet.
South 1/2 of Unplatted Strip, Block 6 ,
Omit.
North 1/2 of Unplatted Strip, Block 6
Reduce from 5 feet to 3-1/3 feet.
Unplatted strips in Block 6 , shown on page 7,
Omit (Duplication)
Unplatted Strip, Block 7, shown on page 10
Omit.
Unplatted Strip, Block 8, shown on page 11
Omit
Lot 41, Block 7
Reduce from 50 feet to 36 feet
Lot 42, Block 7
Reduce from 50 feet to 36 feet.
Lot 42, Block 8
Reduce from 50 feet to 36 feet.
4011 By unanimous consent the above adjustments were
approved and the assessment roll ordered corrected to con-
form therewith.
General Sumter Lowry, Jr. , representing Mr. T. T.
Phillips end himself , submitted a verbal complaint relative
to their lots on East Coast Drive. He stated that in his
opinion the Town should bear one-third of the cost of im-
provements to East Coast Drive. It was his contention that
-:ast Coast Drive is en arterial highway . and benefits the
Town as a whole as much as it does the abutting property.
General Lowery stated that it is his opinion that the
assessment as proposed is unfair for the reason stated above.
This complaint was received and taken under advisement.
This being the only complaint , the Council entered
into deliberation thereon and by unanimous vote determined
that the assessment as shown on the preliminary roll is fair
and just; that while the East Coast Drive was contemplated as
an arterial highway, because of the fact that it is only
thirty feet wide it was not made one , it appears that the
assessment is not excessive and General Lowry ' s request for
adjustment was overruled and the Clerk was directed to write
him a letter setting forth the reasons why the Council is of
the opinion that the assessment should stand.
Thereupon, Mr. Outler introduced the following
Resolution. This resolution was seconded by Mr . Rosborough
and was adopted by the following vote :
For:
E. L. Chiasson
J. C . Outler
G. L. Rosborough
Thomas 4. Trout
against:
None.
There being no further business for consideration
the meeting was adjourned.
•
Pr: - iden , Atlantic Beach Town
Council
Attes t7
C R. Fr: z er
own C rj
RESOLUTION NO. 53
A RESOLUTION Finally Approving and Confirming Those Certain
Special Assessments fully shown end Set Out in That Certain "Town of
Atlantic Beach, Duval County, Florida , ASSESSMENT POLL; Made in
Accordance with Section 3027 , Compiled General LFws of Florida, 1927;
Based Upon Those Certain Resolutions Numbered, Respectively, 50, 51
and 52 and Passed by the Town Council of the Said Town; end in the
Metter of that Certain Street Improvement Pro^ram Undertaken in the
Said Town , on July 28th, 1938, and Therein Completed on January 5th,
1939" .
All things essential to the validity of each end every, all and
singular, the special assessments contemplated by and set out in that
certain hereinabove mentioned end described Assessment Roll have been
done and completed.
And said assessments have by this , the Town Council and Governing
authority of the said Town of Atlantic Beach, sitting es an equaliz-
ing yoard to hear end consider any and all complaints as to the said
assessments, been this night equalized and adjusted.
NOW, THEREFORE, BE IT RESOLV7D: By the said Town Council that:
Section 1: Each and every, all and singular, the said special
assessments contemplated by and set out in that certain "Town of
Atlantic Beach, Duval County, Florida, ASSESSMENT ROLL; Made in
Accordance with Section 3027, Compiled General Laws of Florida, 1927;
Based upon Those Certain Resolutions numbered, tespectively, 50, 51
and 52 and Passed by the Town Council of the said Town; and in the
Metter of that Certain Street Improvement Program Undertaken, in the
Said Town, on July 28th, 1938, end Therein Completed on January 5th,
1939" , hereby ere , and so stand, finally approved and confirmed; and,
in accordance with the provisions of Section 8 of Chapter 9298, Laws
of Florida , Acts of 1923, ere now declared to be , and el, all remain
legal, valid and binding liens upon all the property against which
• they are made , until paid in accordance with the provisions of
of Chapter 9298, Laws of Florida, Acts of 1923.
Section 1 , et seq . ,
Section 2: The street ir:provement program above referred to
having been completed, end the total actual cost thereof fully
known and finally determined before the taking of the first step
leading toward the perfection of the said special assessments, and
said special assessments being based and levied not upon a total
estimated cost of said street improvement program, but upon the
total actual cost thereof (see `'esolutions No. 50, et sen„ of the
said gown Council) , and there being no difference between the
proportionate part of the actual cost of said street improvement to
be paid by the said special assessments and the said assessments
themselves, es made and herein approved and confirmed, there is
therefore no necessity of, nor shell there be , any rebate by the
said Town of Atlantic 3each, Florida, to the owners of any property
which is specially assessed for said street improvements.
de DO OD me 00 de me OP De
Passed by the Town Council July 2nd 1940
Certified to the Mayor July 2nd 1940
Approved 1940
Mayor own Clerk
(. eel of 'own
�. of Atlantic Beach
4!_=— Duval County,
-
• - `loride) .
•res dent , Town Council
S
MINUTES OF THE REGULAR MONTHLY MEETING OF THE ATLANTIC BEACH
TOWN COUNCIL HELD AT THE TOWN HALL AT 8: 00 P. M. JULY 2, 1940.
* * * * * *
Present :
E. L. Chiasson
J. C. Cutler
G. L. Rosborough
Thomas N. Trout .
The Town Attorney, Mr. C. C. Howell , Jr. , was also
present.
The Mayor, Mr. George H. Smith, was absent on account
of illness.
The Clerk read the minutes of the Regular Monthly
Meeting of June 4th which were approved as read.
The Clerk read the minutes of the Special Meeting of
June 18th, which were approved as read.
Mr. Osborne submitted his usual monthly financial re-
port, which was approved and ordered filed.
Upon motion of Mr. Cutler, seconded by Mr. Rosborough,
the following bills were approved and ordered paid as shown:
Amount of Payment
Statement LaPti2Y.T1
The Florida Times Union $115.60 65.60
The Financial News 228.00 100.00
Beach Plumbing and Electrical Co. 1 .60 1 .60
Florida Machinery end Foundry Co. 9.65 9.65
Southern Bell Telephone Company 7.80 7. 80
Mason Lumber and Supply Company 8. 84 8.84
The Texas Company 71.10 71.10
Wilkerson-Martin Company 4.05 4.05
Clifford Payne and Garrison Co. ( 57.95 57.95
( 66.00
C . C . Howell , Attorney 369.69 169.69
496.28
The question of painting the 'Town Hall was discussed
and passed to a future date.
The matter of passage of the Building Code was pass-
ed until the August meeting.
The question of traffic lights on Atlantic Boulevard
was discussed and the matter was left in the hands of the
Police Commission to handle at a later date.
The Clerk advised that the Tax Assessor has conferred
with him on two or three occasions in reference to the 1940
Tax roll and advised that it is possible that the preliminary
roll will be ready for presentation at the tugust meeting.
The Town Attorney advised that he had had a letter
from the Town Attorney of Jacksonville , Mr. Austin Miller,
asking that the Town of Atlantic Beach enter en objection to
the repeal of the Hoed and Bridge Tax collected by the County.
This matter was discussed and action was deferred until a
49 later date .
The Town Attorney reported in reference to the suits
pending against N. H. Adams Sr. He expressed the opinion that
it will be necessary for the Town to employ nationally
recognized appraisers for use at the trial of the tax case.
There being no further business for consideration,
the meeting was adjourned.
�■ 007-
P es dent , Town Council
Attest : ///'�
Tow erk