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05-10-1950 - Regular It . v I V '-" . v v llliGULAR MEETIlW OP THE 1J.'OWN COUNCIL OF THE TONH Oli' ~DGEWATBR, FLORIDA HELD IN THE TOWN HALL MAY 10, 1950. ='ilooting callod to ordor at 7:30 P. M. by M.'lyor-Councilmn.n .r.l. P. l!'ullor. HOLL CALL. Mayor-Councilman Counoilman Councilman Clork A tt ornoy Stroo t 11hrshal Stroot Su~orvisor ~. P. ]'ullor H. O. Kuhlhoff W. L .' T od d Q. C. Spargo A. .c:. Hawkins .D. A. Thomas J. M. Wood READING OF wITNUTES. ill /" J Prosont. Prosont. Prosont. jtro son t . Prosont. Prosent. Present. Tho minutos of tho regular meeting held Anril 26, 1950 woro read. Counoilrpan Todd moved thoy be approvod as read, seoonded by Counoilman Kuhlhoff and by voto CARRI.c:D ~'lyor-Counoilman Fullor Yos Councilman Kuhlhoff Yos Counc ilman Todd Yos BILLS AND ACCOUNTS. Tho folloeing bills woro read; J. O. Biroh 1J.1homas Pharmacy .c:leotric Sorvico Co. Christy's Servico Station Dwight's G. C. Snargo Southorn Boll Tel & tel. Co. 9.00 5.50 6.24 8.15 8.70 5.50 18.32 John R. MCMurray E . ]' . Ban 0 J. B. wVilkins on w. T. MaGinnis Edward Kiop ]'rank Xio'O riichard Hanson David McCalistor Councilm'ln Todd movod thoso bills bo apnrovo as read, paid and bo ffi'ldo thoso minutos, soconded by Councilman Kuhlhoff and by voto CARRI.r.lD. M.'lyor-Coul1c ilnnn .Fullor Councilmn.n Kuhlhoff Counc ilmn Todd R'8?OI{rl'S OF O}i'FICERS. 1.00 2.00 L.OO 1.00 2.00 2.00 1.00 1.00 a part of Yos Yes Yes Tho Olork read his cash statomont and budget roport for tho poriod'Anril 1st to April 30th, 1950. Counci1mnn Kuhlhoff movod thoso reports be acceptod, socondod by Councilman Todd and by vote CARHIED, 1fuyor-Councilman Fuller Yes Councilman -Kuhlhoff Yos Counoi1man Todd Yos Attorney Hnwkins reported having examined the proposed agroemont submittod by tho City of New Smyrnn Bonch regarding thior furnishing tho Town of ~dgowator eleotric sorvico. Of c ourso, hnd I boon porparing thi s {.l.groomont, or any othor a ttornoy ,I am suro that tho wording in it would not br procisoly as it is and taking that into consideration,I would suggest that a few changos be mado in this agroemont.thsy arc us follows: I.That paragraph 3C to bo changod to ~ivo tho City of Now Smyrna Boach only such-<c4.~hts and niligns 'QS tho"To~vh of Edgowator could proporl~' give hnd 110t in d1'1y way to":1fToct'any' intorost of private parties in the lin.:)s. 2.That Paragraph C1 be changod to give tho City of Now Smyrna Boach the option to submit :1n ag~oement. 3.1J.1hat Paragraph C4 bo changod to read that the City of Now Smyrna Boaoh furnish tho proposod oxtonsion agreemont 90 days prior to tho expiration of thior agreement they havo submitted to you. 4.Thnt in Paragraph C4 the longth of this option agreement be for poriod agreoable to both Counc ils. ,5.Thnt any extoBsion which the City of New Smyrna Boach might consider prohibitive bo appealed to the Town Council. 6. That Paragraph 2B be changed to road that the City of l~ow ~myrn:J. can removo treos,etc., from uny public streets and nmt form privato property. 7. That Puragraph 5A be re- writton so that it will sny 6% of the amount charged by Now Smyrna Beuch is for the gale of the current only and then tho excoptions as to taxes,oct. 8. That a clause ~ l., '-' w I o . r" . v v bo added in the proposal contract allowing the Town of Edgownter to purchase the lines in accordanoe with the statutes of the State of Florida. Conncilmf.lll Kuhlhoff moved to amend Coune i lman of ~dgewater to set tho rates for electricity lines at the ex~iration of the agreement with This motion was not seconded. Counc ilnnn 1'odd moved that .Attorney Hnwkins draw up a Resolution regard ing the signing of the agreement with l~ew Smyrnn Beach nnd hold for furthor use, seconded by .il'lyor-Councilrm n l!'uller and by vote CAHlUtW. Mayor-Counc ilman l!'uller Yes Councilmnn . Kuhlhoff Ho Counc ilman Todd Yes Councilman Todd moved thnt Attorney Hawkins draw up nn Ordmnance to ropoal th~ 10% utility tax upon the roceipt of the 6% rebate on electricity used in the Town of ~dgewator, soconded by 'Coune ilnnn Kuhlhoff and by vote CARRIlID. M'lyor-Counoilman Fuller Yes Counci1man Kuhlhoff Yes Counoilm'ln Todd Yos Councilman Todd moved that we do now adjourn, seconded by Counoilman Kuhlhoff and by vote CARRI~. TIME 9:00 P. M. o\'lIYE./) Councilnnn TOdd/,that Attorney Hawkins meot with the City lvfannRor and Attorney to the City of New Smyrna Beach for the purposo of incorporating tho following points in the agreement betweon the City of New Smyrna Boach and the To\m of Edgewater. i~ net rebate of 6% on tho K.W. consumed, the rates to..,.RP the same as the rates in tho City of New S~vrna Beach,tho rohabilitation of th~*rines be completed within six months of the signing of tho a~reoment, that the tewn give the right to remove trees or limbs ef trees only on the Town right of way, that service be extended withim the corporate limits ef the Town, that tho Tovm of Edgawater and privata evmors waive all rights to the distribution system, submission of a proposal to serve ~dgewater with electricity at least ge days beforo the termination of the agreement,if the distribution linos should be sold, bartered, or leased to a third party the agreement would br terminated thDs allowing the Town to negoti.<.1.tc wi th the third party, seconded by M'lyor-Councilmnn Fuller and by vote BARRI~ l..1'lyor-Connc i lrnan Fullur Councilman Kuhlhoff Councilmnn Todd Tedd's motiDn to include the in ~dgewator and to purchase New Smyrna Beach. Yes IJ 0 . Yes right the lJ:J.yor-COunc ilma Coone ilm'ln It: /, 2 f)c9 - ---- ... "TTE~T :J~._~(~~ "'p~ CIO-;r..u /' Councilman 4