Fort Walton Beach Council minutes — 03-26-1951 Special — reading text

25~ INU'rES OF SPECIAL MEETING OF THE TOIvN COUNCIL HELD MARCH 26, 1951 PRESENT Theo Bass, O. M. Earley, W. J. Roberts, Jr., S. E. Lindsey, W. C. Walker, and Attorneys John Amos and Hendirkcs. ABSENT C. W. Pratt, W.~. Har~ eson VISITORS: Attorneys Holsberry and Middleton, Lee Martin, R. E. Black, W. D. Partin, J. C. Marshall, W. C. Stacy, Col. Garner and others. t,..... Meeting called to order at 8: 15 P. M. Mayor advised that meeting had been called reference to street question and turned the floor over to the visitors. Attorney Holsberry, representing E. W. Sudduth, came before the Council and advised that Partin Contracting Company has a signed contract to finish the streets up to City Specifications, and he then asked Mr. Partin to verify this statement. Mr. Partin then advised that he does have a contract with Mr. Sudduth to finish the streets and that he ~ egan the work to- day, March 26, and will continue with the jo~ as fast as weather permits. Attorney Amos then asked Mr. Partin if it will ~e possi~le for him to complete the streets with the balance of money due him under his contract with Mr. Sudduth. Mr. Partin advised that he hopes to complete the streets within his contract price. Lee Martin then asked Mr. Partin what would he the actual cost of completing the streets. Mr. Partin advised that he could not give an exact figure, hut estimated it will cost $ 15, 000. 00 or better. Attorney Holsnerry then advised that this figure did not incluae Hollywood Boulevard from the section line separating Sectin 13 and Section 18 west to Highway 85 explaining that even though Mr. Sudduth has graded and shelled this strip, it is not in his project at this time. Attorney Holsberry advised that people are unjustly blaming Sudduth Realty Co. for all errors and faults, as the contractors on the project are the ones responsihle for all construction - Sudduth C Realty Co. only acts as hrokers for the land and houses. Some visitor then asked Attorney Holsherry if it would be possihle for the Town to collect from Mr. Sudduth in the event he defaulted in his agreement on the street improvements if he only acts as Broker. Attorney Holsberry advised that the agreement was signed by Mr. Sudduth as an individual and he ( Holsberry) can assure the Council and the people of the Town that Mr. Sudduth is worth many times more than the value of street improvements now in question. Col. Garner then read the following letter and telegrams&  of Fort Walton 251 City Council Fort Walton, Florida Gentlemen: The following letter was sent to thos offices which I felt should know of this action. Federal Housing Administration I Washington, D. C. Gentlemen. This letter is neing written in response to popular dissatisfaction with the unfinished roads in the Elliotts point Sub- division which is F R. A. ant G. I. approved. Over seventy- five home owners of this project met at the Elks Hall of Fort Walton and appointed me as their chairman to voice their appeal for a through investigation of this project. The following five men were appointed to assist in getting our case to the appropriate office. They are Capt. Luster, Lt. Col. Garner, Lt. Dalehite, Dr. De~ eau and Lt. M. A. O' Neal. The fate of the loans are in the F. R. A. or Veterans Administration hands, nut as Veterans, military men on active duty and Citizens we want you to help us enforce our contract. We fear that through legal procedures and improper inspection or lackadasical methods on nehalf of the government we will ne forced to pay dounle for materials and" goods which we have already^ paid for in full. We want you to dela~ the F. H. A. approval on these loans until the roads are complete and the project is complete according to specifications. The home owners fear that agreement not to perform on the part of the realator until a latter date might find them without legal recorse wh~ n the performance date' is due. The City Council of Fort Walton recently sent a letter to Mr. Russel ~ Tinney of the F. H. A. at Jacksonville Florida, stating that they accepted I the roads as fulfilling the requirements on the project and that the City would maintain them. project, We must point out This letter will he used to clear the that the roads are not as yet completed and the Council' s vote is of doubtful legality. The City " accepted" this idea. for the pUI'{ 3t; rtpf $ 5000. 00 and a ' guarantee that tqe realator would perform. We, as home owners in this project, want the roads and all other stipulated improvements ~ efore the clearance is given and funds passed. In our meeting it was suggested that a veterans Administration lawyer or F. H. A. official might assist us in this situation. We bought these homes feeling that all is well since the Federal Govennment is baCking it. We only want that which is rightfully ours. We do not want a law suit at a later date in order to ohtain meterials we have already purChased. Very truly yours, s/ John E. Harmon. cc: Mr. Rus sel Tinney Veterans Administration Fed. Housing AdministratDon Federal Housing Ad. Jaaksonville, Florida Jackson, Missis~ippi Jacksonville, Fla. City Council of Ft. Walton Hon. Robt. Sikes Veterans Admin. Ft. Walton, Fla. Senator, U. S. Senate Washington, D. C. Washington, D. C. I A. PNA 11+ 3 NL PD FTWALTON FLO 25 1951 MAR 25 PM 1 1+ RUSSELL TINNEY FEDERAL HOUSING ADMINISTRATION 5 JACKSONVILLE, FLO. Recent letter from Ft. Walton City Council accepting the roads of Elliotts Point s/ d is of dOUbtful legality mayor called special meeting March 26 252 to recall this letter and to get quorum on Council. Ple~ se do not approve sun- division loans until you check their action ~nd receive letter. I represent seventy- five home owners of the project. The roads are not constructed according FHA specification. s/ John Harmon. Mr. . fohn Harmon Fort Walton, Fla. We have cleared some houses in the northern section Elliotts Point so they could ne occupied with the understanding paving would be finished prior to releasing the last group that are now infin1shing stages. This paving to' ne mixed in place with shell stabilization state Rpad_ Dept. specifications. City of Fort Walton' s acceptance for maintenance only applies when streets completed. Is your concern regarding finished streets.' sl Russell V. Tinney Dist. Director Fed. Housing Admin. paid There w~ s then a discussion of these items during which Theo Bass aksed who raised the question of the legality of the Councils actions of March 16, 1950. The clerk advised that he raised the question, that he had been advised by Attorney William Fisher on MarCh 1951, that 171 the action of the Council was not legal, that he immediate y so notified the Mayor and when a vote necessary to make it legal could not ne gotten at the meeting on March 19, 1951, he still questioned the legality of the agreement. Holsberry then advised that it was a good question and the Mr. Clerk within his rights in asking. was Mr. Holsberry went on to say that he felt sure Mr. Sudduth _ iUllililo. lx_ ilxs:l. a\Jf" KJI will meet all stipulations of the agreement, therefore he would like to see the Council reach an amicable agreement with property owners and reconfirm and ratify their previous actions of March 16th and 20th which accepted the agreement with reference to streets so that the project can proceed. He went on to state that this section has been developed by developers, that more developers are needed and there X% BXXBX is no question but what Sudduth Realty is a developer. Co.. After further discussion, Mayor Earley advised that E. W. Sudduth and Contractors will have to Council wants to ontain the hest complete the streets, that the Town streets possible for the people; that if the people agree, he would like to ask the Council to re- confirm and ratify their previous actions on the street agreement as he personally feels it is a good agreement. Lindsey then agreed that the Council wants to ohtain the ~ est Mr. streets possi~le hut he feels that the streets should" ne completed prior to acceptance hY the Town. Mayor Earley then advised that as per telegram from' Mr. Tinney, the Town will not actually accept streets for maintenance prior the to completion; the agreement, if signed, will only clear up techn1cal~ ities with Bederal Housing Administration so that projects can proceed.  253 Col. Garner, speaker for the Elliott Point residents then advised that the people are not actually dobting Mr. Sudduth om the Town COuncil. They prefer to have the street improvements now, they will worry about maintenance when that problem arises. I Attorney Amos financial condition then stated that Mr. Holsberryts assurance as to of Mr~ SUdduth and telegram from Mr. Tinney has MOtion was then cleared up the greatest part of the misunderstanding. made hy Theo Bass, duly seconded by W. J. Roberts, jr., that town re- con- firm and ratify 'agreement executed March 20, 1951 by the Town with E. W. Sudduth. Vote aye, Theo Bass, W. C. Walker, W. J. Roberts, Jr., O. M. Earley. Vote nay none . S. E. Lindsey not voting. Mayor Earley again asked the people if this agreement was acceptable. The majority favored the acceptance as long as they are assured of getting the street improvements. Motion was made by Theo Bass, duly seconded by W. J. Roberts, Jr., that Street Commissioners O. M. Earley and W. C. Walker be appointed as committee to check the streets during ~ nstru- ction. The Council to act on recommendations of said committee. Vote aye S. E. Lindsey, 1~ eo Bass, W. J. Roberts, Jr., Vote nay, W. C. Walker. Mayor Earley then requested authority to employ City Engineer as inspector to make inspection of streets prior to