02-22-82 v •
AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
•
February 22, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of February 8, 1982
2. Recognition of Visitors
3. Public Hearing - Designation of Beach Avenue as a One-Way Street going North.
4. Correspondence
A. Letters from George Bull. Re: Ordinances
5. City Manager's Report
A. Item #1 - Disbursement of $3,150.00 to Tyson & Swindell
B. Item #2 - Emergency Repair of Storm Drainage Line & Sanitary Sewer Line (Whiting Ln.
C. Item #3 - Approval of Plans & Specifications for Laura Plaza (469 Atlantic Blvd.)
D. Item #4 - Proposed purchase of Police Weapons
E. Item ##5 - Appointment of a City Commissioner to serve on the Pension Board
F. Item #6 - Budget Report for period ending December 31, 1981
6. New Business
7. Unfinished Business
A. Further Consideration - Proposed Zoning Ordinance
B. Dedication of Streets
C. Official Plan - Selva Tierra PUD of TRECO, Inc.
8. Report of Committees
A. Report of the Sewer Committee
B. Report of the Parking Committee
9. Action on Resolutions
A. Resolution No. 82-5 - 875 Sailfish Drive, Atlantic Beach, Florida
10. Action on Ordinances
A. Ordinance No. 55-82-20 - An Ordinance Amending Chapter 13 of the City Code of the
City of Atlantic Beach, to prohibit certain acts, occur-
rences and conditions which constitute a Nuisance.
B. Ordinance No. 55-82-19 - An Ordinance declaring weeds to be a Nuisance and estab-
lishing the procedures to Abate.
C. Ordinance No. 75-82-3 - An Ordinance regulating vehicles stopping, standing and
parking.
D. Ordinance No. 40-82-12 - An Ordinance amending Ordinance No. 40-80-11, the same
being the ordinance which granted a non-exclusive fran-
chise to Cox Cable of Jacksonville Beaches, Inc. , to
4111 operate a cable television system in the City of Atlantic
Beach; and setting forth conditions accompanying the
granting of the franchise. Third and Final Reading. PUBLI(
HEARING.
11. Miscellaneous Business
•
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON FEBRUARY 22, 1982 AT 8:00 PM V V
0 0
PRESENT:Robert B. Persons, Jr. , Mayor-Commissioner T T
William I. Gulliford, Jr. E E
Alan Jensen D D
Catherine G. Van Ness, Commissioners
AND: A. William Moss, City Manager M S
Oliver C. Ball, City Attorney 0 E
Adelaide R. Tucker, City Clerk T C
I 0 Y
ABSENT: Preben Johansen, Commissioner - Absent due to illness NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of February 8, 1982
Gulliford X x
Motion: The minutes of the regular Commission meeting of February 8, Jensen x
1982 be approved as submitted. Van Ness x x
Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors -(Verbatim from the taped recording)
Mr. George Bull: Mr. Mayor, I have asked the City Manager to put some
of my business on the agenda, but he has not done so.
Mayor Persons: Which item of business is that, Mr. Bull?
Mr. Bull: We have the item of business relating to the improvements
in Selva Marina Garden for which he has all the necessary
information for. The last portion, I think, related to the
bacteriological sampling of the water was furnished to him
today. I would like to get along with that. I would like,
in addition to just the general discussion about the dedicatiDn
of streets under item seven B. , to particularly discuss the
streets for the new proposed units of Selva Marina. I have
a proposed plat here with two types of dedication for you all
to draw straws on, and possibly the City Commission might like
to put me on the mat for some of the work that I have initiated
in this area. Now,we can take that in any manner you want. I
just want. . .
Mayor Persons: I think Mr. Moss indicated that the information you said
he had - he didn't have all of it.
Mr. Moss: I think you had some information delivered about three or four
o'clock this afternoon, Mr. Bull. . . .
Mr. Bull: At Noon, yes sir.
Mr. Moss: Well, I think I saw it this afternoon, and I am not accustomel. . . .
•
PAGE TWO V V
MINUTES Names of
FEBRUARY 22, 1982 Commrs. M S Y N
Recognition of Visitors - continued - verbatim
Mr. Bull:I offered to be handcuffed, that was when it was.
Mr. Moss: Well, we schedule things in advance after we have reviewed
them; after our City Engineer has reviewed them, and I
am not going to present anything to the City Commission
that I can't certify is acceptable. At this point, I
am not going to certify that Selva Marina Gardens is in a
position to be accepted by the City Commission. Now, when
we reach that point, then it will be scheduled for the
City Commission to review.
Mr. Bull: It is obviously a very laborious decision. You only have
to read the bacteriological report. You have had the as-
built plans for three weeks.
Mayor Persons: Mr. Bull, when Mr. Moss gets the information reviewed
he will put it on the agenda for hearing by the Commission.
Mr. Bull: Well, I have said my piece. If you wish to take any of it
further, I am right here.
Mayor Persons: Thank you.
* * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Persons asked the audience to bear with him and called for
item C. - Official Plan - Selva Tierra PUD of TRECO, Inc. under
Unfinished Business. He explained that TRECO and the Catholic Diocese
had counsel and representatives present and they had several items
of business elsewhere and would have to be excused early.
7. C. Official Plan - Selva Tierra PUD of TRECO, Inc.
Mr. Moss stated that on February 8, 1982, the City Commission
approved the modified application of TRECO, Inc. for the Planned
Unit Development identified as Selva Tierra. Approval of the appli-
cation placed the land area in a "PUD" Zone. He advised that TRECO,
Inc. has submitted a final plan for the Selva Tierra development which
included the proposed plat, detailed engineering plans and specifi—
cations for the development of streets, storm drainage, water lines,
and sewer lines, and the covenants and restrictions. The final.
engineering plans and specifications have been reviewed and approved
by the City Engineer, Mr. Parks. Mr. Moss asked that the Commission
accept the final plan as official and he would then issue permission
for construction. Gulliford x
Motion: Accept the Selva Tierra development plan submitted by Jensen x x
TRECO, Inc. as the final official plan. Van Ness x x
Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Public Hearing - Designation of Beach Avenue as a One-Way Street
Going North
PAGE THREE V V
MINUTES Names of
FEBRUARY 22,1982 Commrs. M S Y N
. ,
Public Hearing -
Mayor Persons opened the meeting for a Public Hearing on the designa-
tion of Beach Avenue as a one-way street going north. Only one
resident expressed opposition, Mr. Leon Russell, 437 Ocean Blvd. .
He did not like the idea of having one-way traffic causing him to go
out of his way to enter his property from the back entrance on Beach
Avenue. The following were all in favor: Mr. George Bull, 1810
Sevilla Blvd. , Ralph Bell, 664 Beach, Oscar Alt, 578 Beach, Anne
Rodgers, 1163 Beach, Tim McQuin, 211 Beach, and Roger Picard, 1460
Beach. Mr. Picard commented that with summer approaching, it is
already becoming almost impossible to get into one's own driveway
due to the congested parking. Mr. Bull opined that making Beach Ave.
one-way was fine but conversely the City should also make East Coast
Drive one-way going south in order to have a balanced traffic flow.
As no one else spoke for or against, the Mayor declared the Public
Hearing closed. Commissioner Gulliford moved for the following:
Motion: Designate Beach Avenue one-way going north from city limits
x x
Jensen x
to city limits. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Correspondence
A. Letters from George Bull - Re: Ordinances
Mayor Persons asked that Mr. Bull's correspondence be addressed under
item 10, and Mr. Bull stated that they were only for information
purposes.
City Manager's Report
A. Item #1 - Disbursement of $3,150.00 to Tyson & Swindell
The City Manager requested authorization to disburse $3, 150.00 to
Tyson & Swindell for the balance due for the audit for the fiscal
year ending September 30, 1981. The total fee for the audit was
$10,650.00.
Gulliford x
Motion: Authorize the City Manager to disburse $3, 150.00 to Tyson Jensen x x
& Swindell for auditing services. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Item #2 - Emergency Repair of Storm Drainage Line and Sanitary
Sewer Line
The City Manager advised that on February 10, 1982 a 36" storm
drainage line had collapsed upon an 8" sanitary sewer line on Whiting
Lane. The City Engineer reviewed the situation and recommended
immediate repair. Of the two firms asked to provide estimates, Mr.
A. J. Johns was the lowest submitted - $3,990.00. Mr. Moss requested
authorization to disburse $3,990 to A. J. Johns, Inc. for the emer-
gency repairs to be charged to the General fund.
PAGE FOUR V V
MINUTES Names of
FEBRUARY 22, 1982 Commrs. M S Y N
City Manager's Report - continued
Motion: Authorize the payment to A. J. Johns of $3,990.00 for Gulliford x
emergency repairs to a sewer line on Whiting Lane. The Jensen x x
amount to be charged against the General Fund. Van Ness x x
Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #3 - Approval of Plans & Specifications for Laura Plaza
Mayor Persons declared a conflict of interest on the approval of
plans for Mr. Ash due to the fact that his firm represents Mr. Ash,
and he turned the Chair over to Mayor Pro Tem Jensen. Mr. Moss then
reported that on November 23, 1981, Mr. Mike Ash approached the City
Commission with the intent to develop a small shopping plaza at 469
Atlantic Blvd. , the property presently occupied by a former night
club called the Comic Book Club. The zoning was also discussed as to
how it would apply to Mr. Ash's development. The consensus of the
Commission appeared to be that the zoning ordinance in effect at the
time the building permit was issued would regulate the use. At that
meeting, the concept was approved. Mr. Moss added that Mr. Ash has
submitted plans and specifications that have been modified to meet
the city's requirements, except for a few engineering questions that
still need to be resolved. These include possible adjustment of the
catch basin in the parking lot, revision of elevation of building
footings, and adoption of the building plans to the topography. Mr.
Moss stated that he saw no problem in resolving these minor issues
and recommended that the Commission approve the plans and specifica-
tions. Mr. Ash also commented that he did not anticipate any problems
in resolving the engineering details. Commissioner Van Ness expressed
the hope that the shopping center would be aesthetically treated
with plantings, etc. and Mr. Ash responded that he planned to have
two areas for landscaping with plants and the buildings would be
wood siding with stucco on the elevations of the buildings.
Motion: Approve the plans submitted by Mr. Mike Ash, for Laura Gulliford x x
Plaza, 469 Atlantic Blvd. , subject to final acceptance Jensen x
by the City Manager and City Engineer. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #4 - Proposed purchase of Police Weapons
Mr. Moss reported that the city presently requires the police officers
to buy and maintain their own service revolvers. This is not con-
sidered to be an acceptable practice in most departments throughout
the county. He advised that the State of Fla. provided a one-time
allocation of funds to municipalities for crime control. He recommend-
ed that approximately $4,000 of these funds be allocated for the
purpose of purchasing and furnishing service revolvers to the police
officers. Mr. Moss requested authorization to prepare bid specifications
and invite bids for seventeen (17) Smith & Wesson Model 66 (. 357 cal)
stainless steel service revolvers.
PAGE FIVE V V
MINUTES Names of
FEBRUARY 22, 1982 Commr s. M S Y N
City Manager's Report - continued
Motion: The City Manager be authorized to prepare bid specificaticns
on 17 Smith & Wesson Model 66 (.357 cal.) stainless steel Gulliford x x
service revolvers and call for bids. Jensen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
In a related matter, but not on the agenda, Mr. Moss advised the
Commission of a state contract price increase of 13% on the alert
pagers. This was for information purposes only as the meeting of
February 8, 1982 the motion was made by Commissioner Johansen and
seconded by Commissioner Van Ness to purchase 16 alert pagers at the
state contract price.
Item #5. - Appointment of a City Commissioner to serve on the Pension
Board
Mr. Moss reported that the Pension Ordinance requires that two City
Commissioners serve on the Pension Board, and Commissioner Jensen
is the only Commissioner presently serving on that board. Mayor
Persons stated that Commissioner Gulliford had graciously volunteered
to serve on the board.
Gulliford x
Motion: Commissioner Gulliford be appointed to serve on the Jensen x x
Pension Board. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Item #6 - Budget Report for period ending December 31, 1981
Mr. Moss praised the new finance director, Randolph Cravey,and Carlene
Matthews for their efforts in completing the budget report for the
period ending December 31, 1981. The Commission unanimously acknow-
ledged receipt of the report.
Unfinished Business
A. Further Consideration - Proposed Zoning Ordinance
Commissioner Gulliford suggested the item be deferred until Wednesday,
March 3, 1982. The Commission will meet as a Committee of the Whole
at 7:00 p.m. to discuss the proposed zoning Ordinance.
B. Dedication of Streets
Mayor Persons stated that Mr. Bull had requested a determination
be made as to whether or not the streets should be dedicated or main-
tained as private ownership. The Chair recognized Mr. Bull who
complimented Mr. Moss on his letter of February 8, 1982 to the
Commission re dedication of streets. He presented a brief background
on how successful his other units had been where the streets were
privately maintained, and assured the Commission that they would have
no problem with his streets whether they were dedicated or undedicated.
•
PAGE SIX V V
MINUTES Names of
FEBRUARY 22,1982 Commrs. M S Y N
Unfinished Business - continued - Dedication of streets
Mr. Bull stated that he would not change the concept for two reasons,
it is successful and the concept has already been approved. He point-
ed out that the contractors are building and selling homes up to
$200,000 in the area, and one was even built on Selva Marina Drive
which is on a county road, no. 551. He added that the construction of
his streets has met the requirements of the city except for the
alignment. They will not meet the technical drainage standards, but
as a matter of fact, will drain equally or better by percolation. Mr.
Parks responded by saying that initially, in its natural state, the
land will percolate. As the land is developed and put to use, which
it is being done now, the use of that property changes the character
of the percolation characteristics and as time passes the percolatior
rate will diminish. The time will come when you will start getting
temporary flooding. Commissioner Gulliford advised Mr. Bull that he
was in agreement with his position and liked Mr. Bull's concept. He
stated that ultimately, at some point, the city will assume the
responsibility for the streets and he felt they should be dedicated
now . Discussion followed.
Gulliford x x
Motion: The streets in Mr. Bull's new development be dedicated Jensen x
to the City. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Report of Committees
A. Report of the Sewer Committee
Commissioner Gulliford reported that the City needs to continue to
actively pursue the possible funding of seventy-five percent of the
"mirror image" plant by the Federal government. Also, they recommend-
ed the investigation of construction of two 100,000 g.p.d. package
treatment plants. Commissioner Gulliford suggested that the Commission
approve an informal request to the D.E.R. for review of such a plan
and also a rate study.
Motion: Approve an informal request to the D.E.R. for review of Gulliford x x
a plan to construct two 100,000 g.p.d. package treatment Jensen x
plants, and also a rate study. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Report of the Parking Committee
Mr. Moss reported that the Committee, after receiving public input,
agreed to recommend to the City Commission that the public hearing
on the proposed plan to make Beach Avenue One-Way going north be
held on February 22, 1982 as scheduled, and that the proposed Parkin€
Ordinance, as modified, be presented to the City Commission.
Action on Resolutions - No. 82-5:875 Sailfish Drive
PAGE SEVEN V V
MINUTES Names of
FEBRUARY 22> 1982 Commrs. MS YN
1 I
Action on Resolutions - continued
Mayor Persons explained that the Resolution covered an assessment
against the property at 875 Sailfish Drive in the amount of $87.55.
This is a follow-up on Resolution 82-2 declaring a public nuisance
at 875 Sailfish Drive. The City Manager presented and read in full
Resolution No. 82-5, a Resolution levying and imposing special assess,
ment for the removal, suppression or abatement of dangerous, unsafe,
dilapidated, or unsanitary structures, pursuant to the provisions
of Ordinance No. 25-67-6 of the City of Atlantic Beach, Florida,
against that certain property suppressed and abated, and providing
for the other matters in relation thereto.
Gulliford x x
Motion: Passage of said Resolution. Copy of Resolution 82-5 is Jensen x
attached hereto and made a part hereof. Van Ness x x
Persons x
The motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Action on Ordinances
A. Ordinance No. 55-82-20
Mayor Persons objected to the wording under Section 13.1 (a)"preju-
dice of any person" and suggested the line read to the"detriment of
public health." Also under (c) remove"offensive to other persons"and
add"a detriment to public health." Commission agreed.
AN ,ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF
ATLANTIC BEACH, TO PROHIBIT CERTAIN ACTS, OCCURRENCES AND CONDITIONS
WHICH CONSTITUTE A NUISANCE, PROVIDING AN EFFECTIVE DATE,
Said Ordinance was presented in full, in writing, and read by title
only, on first reading, by Mayor Persons.
Gulliford x x
Motion: Said Ordinance be passed on first reading by title only, Jensen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Ordinance No.55-82-19
AN ORDINANCE DECLARING WEEDS TO BE A NUISANCE AND ESTABLISHING THE
PROCEDURES TO ABATE, PROVIDING AN EFFECTIVE DATE,
Said Ordinance was presented in full, in writing, by Mayor Persons,
and read by title only, on first reading.
Gulliford x
Motion: Said Ordinance be passed on first reading by title only. Jensen x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
C. Ordinance No. 75-82-3 - Regulating vehicles stopping, standing and
Parking
PAGE EIGHT V V
MINUTES Names of
FEBRUARY 22, 1982 Commr s. MS Y N
I e
Action on Ordinances - continued
Commissioner Jensen expressed the opinion that he would like to review
the Ordinance as opposed to the State Statutes because it appeared
to him that in some areas the Ordinance goes beyond the State Statutes
(which the city has the authority to do) but then you have a problem
of enforcement. Commissioner Van Ness said that in the essence of
time it would be wise to read the Ordinance on first reading and
perhaps amend it at a later date. Commission agreed.
AN ORDINANCE REGULATING VEHICLES STOPPING,STANDING AND PARKING,
PROVIDING AN EFFECTIVE DATE.
Said ORDINANCE was presented in full, in writing, by Mayor Persons,
and read by title only, on first reading.
Gulliford x x
Motion: Said Ordinance be passed on first reading by title only. Jensen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
D. Ordinance No. 40-82-12
Mayor Persons advised that the Ordinance would take the control of
the advertising rates charged by Cox Cable to its advertisers out of
the city's control. The other Beach cities are also considering a
similar Ordinance at this time and the CATV Board had recommended
the passage unanimously.
AN ORDINANCE AMENDING ORDINANCE NO. 40-80-11, THE SAME BEING THE
THE ORDINANCE WHICH GRANTED A NON-EXCLUSIVE FRANCHISE TO COX CABLE OF
JACKSONVILLE BEACHES, INC. , TO OPERATE A CABLE TELEVISION SYSTEM IN
THE CITY OF ATLANTIC BEACH; AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANTING OF THE FRANCHISE.
Said Ordinance was presented in full, in writing, and read on third
and final reading by the Mayor. Said Ordinance was posted in line
with Charter requirements. The Mayor then opened the meeting for a
Public Hearing. As no one spoke for or against, the Mayor declared
the public hearing closed.
Gulliford x x
Motion: Said Ordinance be passed on third and final reading. Jensen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Miscellaneous Business
Mr. Ron Gray, 63 Beach Avenue asked the Commission to consider an
Ordinance on the requirement of leashes on surfboards and stated that
Atlantic Beach was the only beach community that does not require
this. Randy Norman, 1549 Ocean Blvd. also asked that certain areas
be designated for surfing. The City Manager offered to bring forth a
proposed Ordinance at the next meeting for surfboards to be fastened
to a tether.
•
PAGE NINE V V
MINUTES Names of
FEBRUARY 22, 1982 Commr s. M S Y N
,
Miscellaneous Business - continued
The City Manager noted that the Commission had asked him to bring
back a report on the construction of a concrete pad or sidewalk at
193 Beach Avenue, Mrs. Then's property. He stated that he did not
determine if the concrete is on the right-of-way, but expressed the
opinion that it is primarily on Mrs. Then's property, and did not
feel it is very offensive.
Mr. Moss also reported on the concern of the occupant at 735 Redfin
Drive operating a business of repairing cars. He stated that he had
visited the location on three different occasions and saw only the
same car. He admitted that it does not look good sitting on the side-
walk next to the house, but was unsure it violates any of our present
Ordinances. Mayor Persons stated that he had visited the location
over the week-end and they said they were only working on their own
cars. He suggested to the people across the street that they keep
a list of all license numbers of cars being worked on and if they
come forth with a list of different series in a short period of time
the city would have some evidence that it is a commercial enterprise.
There being no further business, the Mayor declared the meeting
adjourned.
Robert B. Persons, Jr.
Mayor-Commissioner
(SEAL)
ATTEST:
Adelaide R. Tucker
City Clerk
RESOLUTION NO. 82-5
A RESOLUTION LEVYING AND IMPOSING SPECIAL ASSESS-
MENT FOR THE REMOVAL, SUPPRESSION OR ABATEMENT OF
DANGEROUS, UNSAFE, DILAPIDATED, OR UNSANITARY
STRUCTURES, PURSUANT TO THE PROVISIONS OF ORDINANCE
NO. 25-67-6 OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AGAINST THAT CERTAIN PROPERTY SUPPRESSED AND ABATED,
AND PROVIDING FOR THE OTHER MATTERS IN RELATION
THERETO.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Section 1. It is hereby ascertained, determined and declared that, the
removal from that certain property described as:
Lot 30, Block 6
Known as 875 Sailfish Drive, Atlantic Beach, Florida
of dangerous, unsafe, dilapidated, or unsanitary structure, pursuant to the pro-
visions of Ordinance No. 25-67-6, which was heretofore allowed to exist upon
said described property was heretofore completed on the 3rd day of February,
1982; that the total cost of performing said work is hereby ascertained, deter-
mined and declared to be the sum of $87.55; that the above described
property has been specially benefited by said work to an extent greatly in excess
of the aforesaid sum of $87.55; and that, accordingly, the sum of $87.55 is
hereby levied, assessed and imposed against and upon the above described property,
and that unless said special assessment is paid within thirty (30) days after
publication of this resolution, the same shall bear interest thereafter at the rate
of 8% per annum; and the City of Atlantic Beach shall have, assert and possess a
lien, superior to all other claims, except taxes, against and upon the above
described property for the respective amount of such special assessment as in-
dicated above, together with interest and all cost of collection until fully paid.
Section 2. That the City Tax Collector be and is hereby commanded to collect
out of the property and from each owner thereof the special assessment set down
opposite each name, lot, tract, or parcel of land herein described.
Section 3. Any person desiring to contest in any way the validity of any
special assessment or lien hereinabove levied and imposed shall, within thirty (30)
days after the adopting thereof enjoined, or its validity legally declared, and
any and all persons not instituting such suit shall not thereafter be heard to
question the validity thereof, or to defend against the enforcement of the lien
upon the grounds of its invalidity.
Section 4. This resolution shall take effect immediately upon its passage.
* * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on February 22, 1982
ATTEST:
(2J%cCAS
Adelaide R. Tucker, City Clerk
(SEAL)