07-22-68 v 011,
CITY OF ATLANTIC BEACH
FLORIDA
AGENDA
July 22, 1968
1. Call to order
2. Invocation
3. Approval of Minutes of meeting of 7/8/68
4. Recognition of Visitors
5. Electrical Franchise
6. Ordinance- 1st Reading
(a) Financing Garbage Chassis
7. Resolution 4410- Board of Assessment Review
8. Fire and Folice Chief Reports and Dockets
9. Acting City Manager
10. City Manager011 ��1
11. City Attorney - Leo . ` g- / -f'
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12 . Commissioners
13. Adjourn
A.
MINUTES OF THE MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY, JULY 22, 1968 AT 8:00 P .M.
Fresent:
William S. Howell, Mayor-Commissioner
Louis C. Holloway, Jr.
Arthur J. Longo
Robert R. Rosborough,
John W. Weldon, Commissioners
and
R. C. Vogel, City Manager
Oliver Ball, Acting City Attorney
Betty Jean Barnes, Asst. City Clerk
Absent: Adele S. Grage, City Clerk GA-SpV
The meeting was called to order by the Mayor-Commissioner,
Mr. Howell.
The Invocation was given by Commissioner John Weldon.
Upon motion of Mr. Rosborough, seconded by Mr. Longo and
carried the minutes of the meeting of July 8, 1968 were
approved as written.
Mr. Howell called for any business from the floor not on the
agenda.
Mr. C. B. Lawrence requested the use of the park for approxi-
mately seven weeks, four afternoons a week from 7-8: 30 P.M.
for practice of Fop Warner football team. This would begin
August 12 until September 26th. After discussion of lighting,
damage to grass and conflicting times, it was agreed that
the use of the park was for all sports and the money spent
to re-seed was negligible. This is to be worked out with
the City Manager.
Mr. Howell reported after talking with Commissioner Clyde
Simpson that the City of Atlantic Beach should start prelimi-
naries on our electric franchise. Would like to appoint a
committee who would keep all commissioners advised. The
question of the new Jacksonville Government taking over in
October was discussed. Mr. Howell said this Commission should
go ahead and study all angles and be ready for negotiations
as franchise ends in January of 1969. Mr. Longo made the
motion to appoint Committee, seconded by Mr. Rosborough and
carried. The Committee will be Mr. Rosborough, Mr. Weldon,
and Mr. Howell.
Minutes 7/22/68 Page 2
An Ordinance was presented in writing for 1st reading by Title
only to authorize the Mayor-Commissioner, attested by City
Clerk to borrow for a period of six months the sum of $2400.00
from the First National Beach Bank at not over 57 per annum
interest. This is to finance balance of garbage truck chassis
thus taking advantage of cash discount. Mr. Longo moved passage,
seconded by Mr. Weldon and carried. Public Hearing will be
held August 12, 1969.
A Resolution was presented for the appointment to fill vacancy
on Board of Assessment Review for a three year period. The two
remaining members are Walter Freeman and Mrs . Malcom Baker. The
names of Daniel Moss , Thomas Doss , Bob Sey, and Henry Isaacs
were submitted for consideration.
The Acting City Manager's report was presented for information
and filing. Mr. Howell questioned Item 12 on report as to the
cost of maintaining garbage containers and the monthly charge
not being adequate. After discussion, it was agreed that
Mr. Hilliard and the City Manager evaluate the complete garbage
and trash cost and report back to Commission.
The City Manager presented request of Mr. Johansen of the Chateau
for approval of an addition to restaurant. The Commission
approved with the conditions that the Hotel & Restaurant
Commission approves.
Mr. Vogel advised the Commission of Fublic Hearing on Beach
Erosion will be held on July 25, 1968 and requested all try to
be present.
Mr. Howell presented the approval for the City to place buoys ,
55 gallon drums , in the ocean for safety purposes for swimmers.
Application was for 15 but cannot foresee having this many out
this season but will have some placed for trial as soon as
possible.
Mr. Vogel advised that the Dept. of Public Safety has approved '
the City inspecting official vehicles.
The City Manager requested approval of treatment of water to re-
move hard chemicals which would help maintenance in our lines
and meters and also benefits the customers in the same respects.
The cost of operation would be $700.00 in equipment and approxi-
mately $2 .00 per day thereafter. Mr. Weldon moved for approval,
seconded by Mr. Holloway and carried.
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• Minutes 7/22/68 Page 3
Mr. Ball, Acting City Attorney, presented his recommendations
pertaining to Law suit against the City of Atlantic Beach by
the R.C.B.S . Corporation with minor changes. This has become
quite an expensive piece of litigation and his recommendation
was that we adopt a resolution and present stipulations to
Plaintiffs which would give some tax relief. The primary pur-
pose of this is that a court trial is ready which would last
approximately two weeks and several thousand more dollars in
expenses to City. Mr. Holloway moved that Resolution #68-9
covering the stipulations for settlement be approved by the
City Commission and be presented to the Flaintiffs , seconded
by Mr. Weldon. Mr. Howell put the question and the motion
carried. The question of invoice on hand for attorney fees was
discussed and all agreed to wait until next meeting for de-
cision of payment. Copy of Resolution 68-9 is attached hereto
and made a part hereof.
Mr. Howell asked Commission approval of additional expenditures
on water tower in the amount of $900.00. Mr. Holloway moved
this be approved, seconded by Mr. Rosborough and carried.
Mr. Rosborough commended the City Manager and Mr. Hilliard for
placing trash cans in the lark.
Mr. Weldon reported that the steps at 5th Street are still in
need of repair.
The status of our street paving contract was questioned by Mr.
Weldon as this should have been completed by the end of June.
Mr. Vogel stated he is trying to get in touch with Mr. McRae
of Houdaille-Duval to find out reason for delay.
Mr. Weldon asked if letters had been sent out about violation
of sign ordinance. The City Manager has written letters but
has been advised by the City Attorney not to physically take
down signs . The City Manager was advised to try two test cases .
Mr. Holloway requested that the City consider benches and showers
at street ends for use of the people.
As to the beautification of the medians on Atlantic Blvd, Mr.
Howell talked with Mr. Salem of the State Road Dept. and was
informed they would maintain the mowing of grass but if plants
were placed by the City or Garden Clubs that these would have
to be maintained by the City or Clubs .
Mr. Longo asked about the sign at the entrance to Selva Marina
Drive and was advised the City was in the process of repairing
this since it had been vandalized.
Minutes 7/22/68 Page 4
Mr. Rosborough stated that since the fence had been moved at
the tennis courts it has left a two or three foot area that
needs to be covered by asphalt or concrete. Mr. Hilliard
said he would fill in with concrete as soon as possible.
There being no further business, Mayor Howell declared the
meeting adjourned.
liam . Howell
Mayor-Commissioner
Attest:
�Betty Barnes
Psst. City Clerk
•
RESOLUTION NO 68-9
WHEREAS, a common ground for agreement has been reached between R-C-B-S
Corporation, Selva Marina Realty Company and the CITY OF ATLANTIC BEACH,
Florida, in the matter of a suit brought against the City of Atlantic
Beach in the Circuit Court of the Fourth Judicial Circuit in and for
Duval County, Florida (case no. 63-3997-E) , regarding the assessment
of ad valorem taxes on the lands within the City of Atlantic Beach owned
by the R-C-B-S Corporation and Selva Marina Realty Company, and,
WHEREAS, the City Commissioners of the City of Atlantic Beach have
unanimously agreed to the final settlement of this matter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, as follows:
1 , That the terms and conditions set out in a Stipulation
for Settlement and Dismissal of this suit be accepted.
2. That the Stipulation for Settlement and Dismissal of
this suit, copy of which Is attached hereto and made a
part hereof, be executed on behalf of the City of Atlantic
Beach, Florida.
3. That the Stipulation for Settlement and Dismissal of this
suit be recorded in the Official Records of Duval County,
Florida.
Passed by the City Commission on July 22nd , 1968
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ATTEST:
Adele S. Grage, City Cler
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IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA.
CASE NO. 63-3997-E
R-C-B;S CORPORATION and SELVA
MARINA REALTY COMPANY, both
Florida corporations,
Plaintiffs,
vs.
CITY OF ATLANTIC BEACH, a
municipal corporation of the
State of Florida, et al .
Defendants.
STIPULATION FOR SETTLEMENT AND DISMISSAL
The parties hereto mutually stipulate and agree to settle this
case upon the following terms and conditions:
1 . All ad valorem taxes on the lands within the City of Atlantic
Beach owned by plaintiffs R-C-B-S Corporation and Selva Marina Realty
Company as described on the attached tabulation marked Exhibit "A" and
"B" and made a part hereof, shall be assessed by the City of Atlantic
Beach for the years 1962, 1963 and 1964 at the valuations indicated on
said Exhibit "A" and "B", being the same assessed values as made by the
Duval County Tax Assessor for County Taxes for the years 1962, 1963 and
1964.
2. All ad valorem taxes on the lands within the City of Atlantic
Beach owned by plaintiffs as described on the attached tabulation marked
Exhibits "A" and "B" and made a part hereof shall be assessed by the City
of Atlantic Beach for the years 1965, 1966 and 1967 equal to the Duval
County "fair market value" assessments for the years 1965, 1966 and 1967
as may be ultimately determined in litigation (including disposition of all
appeals) now pending in the Circuit Court of the Fourth Judicial Circuit in
and for Duval County, Florida, between R-C-B-S Corporation, Selva Marina
Realty Company and the Duval County Tax Assessor (Case No. 65-6517-E and
65-6569-E respectively) or in an amount equal to the assessed values made
by the City of Atlantic Beach Tax Assessor for those respective years,
• which ever value be the lower.
1 .
%CROI I%ERO i%I PO p ERO
COPY COPY nl•Y COPY
3. It is the present policy of the City of Atlantic Beach City
Commission, pursuant to Ordinance No. 70-68-5 City of Atlantic Beach,
beginning with the 1968 assessment year, that it shall assess the values
for Plaintiffs' lands as described in the attached tabulations marked
Exhibits "A" and "B", to the extent then owned by Plaintiffs on January 1 ,
1968, and for subsequent years so long as the aforesaid Ordinance No.
70-68-5 remains in full force and effect, which said Ordinance adopts the
Duval County final assessment of said properties, which said assessment
shall be the same as for county taxes, and any adjustments made thereto by
the City of Atlantic Beach Board of Equalization, or as the result of
litigation or otherwise shall , likewise, be made in the City of Atlantic
Beach assessments.
4. All taxes which have been paid by plaintiffs for the years 1962,
1963, 1964, 1965, 1966 and 1967 to the City of Atlantic Beach shall be
applied on the tax liabilities of the respective plaintiffs to the City
of Atlantic Beach calculated on the assessed valuation as determined in
accordance with paragraphs 1 , 2 and 3 above, with any surpluses of a prior
year's taxes being applied to the succeeding years taxes to the extent of
such surplus payments.
5. The rights, if any, to interest and penalties are waived by both
parties; PROVIDED, HOWEVER, that if it is ultimately determined that
plaintiffs owe a balance of taxes to the City of Atlantic Beach for any of
the years 1962, 1963, 1964, 1965, 1966 and 1967, in accordance with this
stipulation, in addition to the taxes already paid for those years , interest
on such balance of taxes shall not commence to run until sixty (60) days
after final determination by the City of the amount then due. Should there
be a surplus of taxes paid for those years, the same shall he retained by
the City of Atlantic Beach and be applied to taxes for years subsequent to
1967 to the extent thereof.
6. Plaintiffs , in addition to the prompt payment of total taxes due
the City of Atlantic Beach, plus interest if any, agree to re-imburse the
City the sum of One Thousand Five Hundred ($1 ,500.00) and No/100 Dollars as
and for settlement purposes only.
7. Plaintiffs concede, for settlement purposes only, that their
lands may be assessed as herein provided and if this stipulation is not
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approved by the Court, or if it is ever violated by defendants, or if it
is ever set aside as a result of subsequent litigation by party or parties
other than the parties hereto, then in any such event the concessions made
by plaintiffs in this stipulation shall not be binding on plaintiffs or
their successors in title.
8. This stipulation shall become effective upon its approval by
the Circuit Court in a Consent Final Judgment adopting this stipulation as
a part of said Final Judgment.
IN WITNESS WHEREOF the parties hereto have executed this stipulation
for settlement and dismissal as of this 1/5 day of August, A.D. 1968
: 8_S ;: (
(Corporate Seal)
At t:
ecreta
SELVA MAR A REALTY COM NY
Presi t
(Corporate Seal)
Attest: -
Secretary
CITY •F AT, ,NT 13-,CH
is d51. ;i
Mayo -Commissioner
(Seal)
Attest: /
C „ „ p OLIVER C. BALL
/�
C i ty C frk (3, 7 (7.Iv!401
City Attorney.
ROGERS, TOWERS, BAILEY, JONES & GAY
By
BRYANT, FREEMAN, RICHARDSON & WATSON
Bc �
Y 5;04 / OF
Edward McCarthy, Jr. f
• Attorneys for Plaintiffs.
3.
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R-C-B-S CORPORATION LANDS
1962, 1963 $ 1964
DESCRIPTION COUNTY ASSESSMENT
Sec. 5, T2S, R29E
Pt of Fract. Sec. 5 lying /? /c J''t'2-
)
East of Mayport Road $ 100.00 —f ee f t-note)
Sec. 8, T2S, R29E lots 1
6 8 ex pt. in Co. rds. 8
pt. rec'd in 0/R Bk 652-484 540.00
Sec. 8, T2S, R29E Lots
ti 2,7, $ 10 ex. pt. in
State F, Co. rds 8 Pt.
rec'd in 0/R Bk 652-484 680.00
Sec. 9 T2S, R29E Pt.
Lot 1 lying West of
Seminole Beach Road 880.00
Sec. 9, T2S, R29E Pt.
Gov. Lot 2 ex pt.
rec'd 0/R 911-363 140.00
Sec. 9 T2S, R29E Pt
Lots 3 $ 4 lying West
of Seminole Beach Rd &
North of Saturiba Drive 1,600.00
Sec. 9 T2S, R29E. Govt.
Lot S ex. pt. rec'd
0/R Bks 811-535, 911-363
$ pt. in Co. rd 560.00
Sec. 16, T2S, R29E, Pt. Govt.
Lots 2, 3, 6 lying W.of pt. in SM
3 F, 4 N. of pt. in SA SD ex. pt.
rec'd 0/R Bk 382-19, 528-283
652-484 400.00
Sec. 17, T2S, R29E Pt Govt.
Lots 1, 5, 6 ex. pt. rec'd 0/R
Bks 382-17, 1761-104, 382-19
528-287, 652-484, 1270-559
f, pt. in SA SD 500.00
o 'e l
Foo n s
$240 , 0 or 1962
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EXHIBIT "A"
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SELVA MARINA REALTY COMPANY LANDS
1962, 1963 4 1964
DESCRIPTION COUNTY ASSESSMENT
Acreage
Pt. Lot 9, Sec 8 4 Pt. Lots 4,
5, 6 4 7 Sec. 9 Rec'd 0/R Bk
811-535 ex. Pt. in SM Unit 5 SD $720.00
4 Pt. in Co. Road.
(1966 Pt 0/R 2666-677 deeded to Robichaud)
Lots.
SELVA MARINA UNIT NO. 3 PBK 29-27
Lot 3, Bik 7 200.00
S 100' Lot 7, Blk 7 200.00 •
N 100' Lot 8, Bik 7 200,00
Lot 1 (ex. N 5') Bik 8 200.00
SELVA MARINA UNIT NO. 4 PBK 30-28
Lot 4, Bik 8 200.00
Lot 5 " 200.00
Lot 6 " 200.00
Lot 7 " 200.00
Lot 8 " 200.00
Lot 9 " 200.00
Lot 11 " (1968 deeded to Campbell) 200.00
Lot 12 " 200.00
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SELVA MARINA UNIT NO. 5 PBK 30-29A
Lot 4, Blk 6 200.00
Lot 6 " 200.00
Lot 7 " 200.00
Lot 8 " 200.00
Lot 9 " 200.00
Lot 10 " 200.00
Lot 1, Blk 9 200.00
Lot 2 " (196748 deeded to Floyd 4 McCormick) 200.00
Lot 4 " (196718 pts deeded tp Floyd) 200.00
Lot S " 200.00
Lot 6 " 200.00
Lot 7 " 200.00
Lot 8 " 200.00
Lot 9 " 200.00
Lot 10 " 200.00
Lot 11 " 200.00
Lot 12 " 200.00
Lot 3, Blk 11 (1966 deeded to Ballentine) 200.00
Lot 5 " 200.00
Lot 6 " 200.00
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EXHIBIT "B"
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