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09-10-1947 - Regular .. '" ~ '...; \,J v REGULAR MillETING OF THE 'fOWN COUNCIL OF THE TO'NlT OF EDGEWATEli., FLORIDA, HELD In V.I .A. HALL ON SEPTEMBER ~Oth, 1947. Meeting called to order at '7: 30 P. .M. by l'fu.'1.yor Counctlmnn Lohman. ROLL CALL. 1fn.yo r L:ouncilman l!:.R . Lohmrm Present. Councilman il. . Hussey Present. CO W1 C i lm..'1.n O. O. 1',l'1. t thews Present. Lilerk G. c. Spargo Present. Attorney J. C. ]'rench Present. .M.."l. rs hall D. A. 'l'ho mrtS Present. Supervisor A. \1. Lapp Present. t>treet HEADING OF MINUTES. The minutes of the regulnr meeting held August 27, 1947 were re::.cl. Liouncilmnn tlussey moved that they be npproved as re::.d, seconded by Liouncilmnn lbtthews and by vote declnred cARRIED. BILLS A1ID ACCOUNTS. The following bills were rend; bond-Howell Lumber Co. ~11.67 Hall Machine Shop 6.10 .Il'. J. McMurray 13.19 Asper~B Garnge & ServiceStntion 3.00 Robertson Electric Lio. 16.50 City of ~ew Smyrna bench 75.99 E. H. Lohman 6.25 A. Hussey 4.16 o. o. \/utthews 4.16 David A.Thomas Q5.00 A. Lapp -135.00 G. Li. Spargo 75.00 Southern Bell 1el.& Tell. Lio. 12.23 .fess Mntho.s, Lilerk of L.:ircuit Lit. 8.00 liouncilmn.n J:iussey moved that the bills be approved: as rend, paid [md be made a pa~t of these minutes, seconded by ~ouncilmnn l~'1.tthews and by vote declared CARRIED. REPORTS OF OFFICERS. l'he Clerk read his Cnsh Stntement nnd Budget Report for the period from August 1st. to August 31st. 1947. Street Supervisor Lapp inquired when the mowing m::.chine would be ::.vailable for use as he would life to cuo the grass. ~~yor Lohman stated that Gouncil- nmn ~".n.tthews was to cxnmine the mower to see if it Wo.f.\ worth spending money for repnirs. If.n.yor Lohmnn r@portcd on the finnnci::11 condition of the Town. Also that tho surv~y of Park Avenue had beon completed and that ~"l.rkers had been placed on U. S. Highway ~o.l at the south limits of the Town. ~'1.yor Lohman requested an expression,by the citizens present, ns to whether the were satisfied with the service th~y were receiving from the Liity of ~ew Smyrna Bench eloctric service, or did they .still wunt the ..lfloridn Power and Light servicQj The Ci tizens wero Unanimous in demanding the .Ij'loridc. Power and Li gh t . SPECIAL COMMITTES. ~ouncilmnn 1mtthews reported that two rlepresentntives of the Burnl or Vrban fire apparatus co would meet with the TOwn Liouncil within the next two weeks. They would then explain whnt they had in fire fighting npparntus that wauld be of use to the Town of Edgewater. d ORDINANcES. Resolution; A RESOLITrIO~ AUTHORIZING THE AC~UISITION, BY THE '1'OW~ OF EDGEWATER FLORIDA, BY E1ITNENT D01~IN PROCEEDInGS,OF THE ELECTRIC DISTRIBUTION SYSTEM " - ." .- v <..J u J Minutes of September lath, 1947. Page 2 HESOL~rION: continued. LOCATED IN 'l'HE TOWN OF EDGE\:ATER, FLORIDA, THROUGH WHIUH TIill UI'1'Y OF NEW S1fiRNA BEACH IS Nmi FURNISHIHG ELECTRI uI 'l'Y .iI'l'HIN THE 'l'O,m OF EDGEWATER, . ]'JJ)RIDA.,....AND AUTHORIZIlTG '1'HE :MAINTENANCE AND OPERATION OF SAID ELEVfRIC DIS~ TRD3UTIOn Si'BTEM BY SAID TOIJm OF EDGEWATER. ~hc above resolution was read in full and passed by the unanimous vote of the fown Uouncil of the fown of Edgewater, ~'10rida, at a regular meeting on the lath day of September A. D. 1947. Upon motion duly ronda, seconded and unanimously carricd,the requirement of reading s~id resolution upon second rending was waived, and this resolution was ordered put upon its final passage. Passed by the unanimous vote of the ~OM1 uounci1 of the ~own of ~dgewnter, .J!'l.orida, at a regular meeting of said uounci1 held this 10th day of September A. D. 1947, and approved as provided by law, the vote of said vouncil on roll call being as follows: ". ;l1.H. Lohman YES .M.~yor councilman A. Hus sey;. Y.ll:S U 0 un c i lnlt'::l.l1 . 01en 0 Matthews Y.ll:S voun ci1man This Resolution is attached and made a part of these minutes. M..1.yor Lohmn,n read n. oTA'fEMENT OF MAYOR AND COUNCIL '1'0 THE PEOPLE OF l!:DGEWATER. This statement is attached and forms a part of these minutes. ORDINANCE NO. M52 AN ORDINANCE .A11E.NDING'.ORDINANCE NO. 103 ()FTHE TOWN OF EDGEWATER, FLORIDA: The above ordinance was read in full and passed by the unanimous vote of tho Town vounci1 of the ~own of l!:dgewnter, .J!'lorida, at' a regular meeting held on the 10th day of Soptember A. D. 1947. LfiJon motionduly made, seconded and unanimously cn-rried, the requirement of reading said ordinance upon second reading was waived, and this Ordinancc~wns ord~red put upon its final passage. Passed by the unanimous vote of the Town vouncil of the Town of l!:dgev.atDr, .J!'lorida, nt u regular meeting of snid uouncil held' this lath day of i:)cptcmber, A. D. 1947, and approv@d as provided by law, the vot~ of,said vouncil on roll call being as follows: l!: .H.. Lohm..'l.n .Mayor uotmci1mn.n yES A. Hussey \.i 0 un c i lIlk'tn rEo Olem O. lJIa tthows vouncilm."'I.n Y.ll:S HESOLU'fIOlil . A Hesolution: A RESOLU'fION ADOPTING THE BUDGET FOR ALL ImCESSARY AND ORDI.N- ARY EXPE.NSES AND SPEUIAL AND EX'fRAORDIHARY EXPENSES FOR 1'HE TOW.N, OF EDGE WATER , VOLUSIA COUNTY, FLORIDA FOR THE YEAR BEGINNING OUTOBER 1st. A. D. 194~ and ending oaptembor 30th, A. D. 1948. Th~ ~bov~ and for~going Kosolution was introduced by Counci~"'I.n A. Hussey who moved its adoption, which motion was seconded by vounci~~n Olen O. ~l~tthcws and upon roll call vote the same was declared adopted unanimously, tho vote rf~~h~+v~~Hc~~IPR}~ us follows, at n regular mCQting 'of said ~own 00uncil .~. ...', " L. --' r .... v (.) u v Minut~s of 0Qptembar 10th, 1947. Pnga~ RESOLUtION: continued. held at the v. I. A. Hall this 10th day od ~cptQmber, A. D. 1947 E. H. u,hmnn .Muyor (jouncilman , , :lES A .Hussey liouncilman yE0 Olan O. Matthews yES liouncilmn.n This Resolution is attached and made a part of thCSQ minutes. MIS<.;ELLAlillOUS BUSINESS. Mr Loveland compl~inod of the condition of the sides of the ronds at 0unchez Avenue nnd Hiverside Drive. vlrdming that the brush and weeds at the cor:narl!l con5titut~d a traffic hazard. vouncilmun Matthews was requested to Bee Mr. HGck, since this is n (jounty Hoad. vouncilman Hussey moved we do now adjourn, seconded by (jouncilmnn M1.ltthews and by vote declared (jARR1ED. fime lO:OO.P. M. M.."tYo r (jounci Imrm U7~;:Z _~ vOlIDcilmnn a ~~ l;ounci1=n@L Q ~ A'l"rESi', ~_.,d;~ VI Tow;Zl~~'" '" ,~ ~ - ~ '-, " - :::: ::: .... ~ .... ... ..... :...... ,~ ~ ~ - " PI ~ ~ u R V .. l.., v ~ BUDGET APPROPRIATIONS. REPORT FOR.THE PERIOD AUGUST 1st TO. AUGUST 31st 1947 . OVER ACCOUNT. APPROPRIATED. EXPENDED . UNEXPENDED. EXPENDED. . STREETS. $ 500.00 $ 530.06 $ $ 30.06 STREET LIGHTING. 950.00 831.50 118.50 SALARIES . 3000.00 2892.87 107.13 LEGAL & ELECTIONS. 500.00 612.05 112.05 OFFICE EXPENSE. 200.00 550.00 350.77 EMERGENCY. 2850.00 2015.00 835.00 FIRE DE2ARTMENT. 200 .00 61.59 138.41 PREMANENT IMPROVEMENTS. 100.00 110.00 10.00 TOTALS. e300.00 7603.84 1199.04 502.88 TOTAL EXPENDED 7603.84 LESS OVgR EXPENDITURE 502.88 7100.96 PLUS UNEXPENDlID 1199.04 TOTAL 8300.00 -... ~ ... ... ~ ~... . _ ATTEST: -~< . A~~d/~ (J.O~Cl~~ '. ~ r- I '--' ~ l., , v /~ .....J ....J TOWN OF EDGEWATER, VOLUSIA COUNTY, FLORIDA. CLERK'S CASH STATEMENT l!'OR THE PERIOD AUGUST 1st TO AUGUST 31st Total Cash on Hand and in Bank COLLECT IONS. Buisness Licenses Bui1di~g Pormits Fines ~ Forfeitures Fees Tax Sale Certificates Interest on Delinquent Taxes Total collections Total to be accounted for DISBURSEMENTS. Streets Salaries ijffice expense Emergency Fire Department Total Disbursements Genoral Fund in Bank Delinquont Tax Fund Cash on hand Permanent Improvement Fund 1947. 7083.Q6 7.25 21.40 10.00 8.00 33".25 . .77 95.24 95.24 7179.20 63.72 299.57 36.68 17.10 3.00 420.07 420.07 6906.74 2.76 29.13 149.85 Total Total cash on hand and in bank 6759.13 6'159.13 7179.20 Of tho General Fund in the Bank thero has been set aside for a Foreclosod Proporty Fund the sum of $ 1017.01 ~~ A~TEST ~..::;;I{ ~ -'- .;o~ ~~~ ~ . . ~wn gxerk~ .. ... '...I ~ \J J " c.~" CERTIFICATE OF POSTING I, GUY C. BPARGO, Town Clerk of the Town of Edgewater, Florida, do ~ereby certify that on the 10th day of September A.D. 1947, I posted four (4) copies of the above and foregoing Resolution, one at the V.I.A. or Town Hall, and one at each of three (3) other public places in the To~n-of Edgewater, Florida, and I do further certify that said copies so posted as aforesaid were kept up and maintained as posted continuously for the period of time required by Law. IN vrrTNESS WHEREOF, I have hereunto set my hand and seal of - said Town, this lOth day of September, A.D.. 1947. Town Clerk . ... " I \....I v I V .. l." w '-I TO THE TAXPAYERS OF THE TOWN OF EDGEWATER, VOLUSIA COUNTY,FLORIDA. You and each o~ you are hereby noti~ied that the ~ollowing is the estimate o~ necessary and ordinary expenses and an estima~e of special and extraordinary expenses comtemplsted by the Town Council ~or the Town o~ Edgewater ,.Florida, for the ~~scal year begining Oc tober 1st 1947 and ending September 30th,1948. STREETS. $ 1200.00 .' STREET LIGHTING. 950.00 SALARIES . 4620.00 LEGAL & ELECTIONS. 750.00 MAYOBS COORT. 250.00 OFFICE EXPENSE. 450.00 EMERGENCY. 1500.00 FIRE DEPARTMENT. 200.00 PERMANENT IMPROVEMENTi. 100.00 TOTAL. 10020.00 The ~oregoing estimate o~ necessary and ordinary expenses and special and extraordinary expenses ~or the operation o~ the Town o~ Edgewater, Florida ~or the ~isaal year begining October lst,1947 and ending Sep~ tember 30th,1948 was received,adop8ed and approved in open session o~ the Town Council o~ the Town o~ E~gewater, Florida on the 10th day o~ September, A.D. 1947 and ordered posted in accordance with the Law. ..... '- - -... ~~ Mayor-Councilman -' s. - AT~ST:_~ ,& A () ~ ~ cle~:ay I,Guy c. Spargo,Town Clerk of the Town o~ Edgewater,Florida hereby certi~y that on the 11th day of September A.D.la47, I posted three copies of the above estimate of necessary and ordinary expenses and special and extraordinary expeDses for the fiscal year begining October Ist,1947 and ending September 30th,1948:one at the V.I.A. hall and one each at two other public places in the Town of Edgewater, Florida Dated at Edgewater, Florida this 11th day of September A.D.1947 <trl~#7d u ..., \.,.I G . (( STATEMENT OF MAYOR' AND COUNCIL TO THE PEOPLE OF EDGEWATER We ~Qsh to report to the people of Edgewater on our efforts to relieve the unsatisfactory electric light and, power conditions that have-existed in Edgewater for several years. As you already know, we offered to pay the City of New Smyrna Beach $12,000 for the electric distribution system located in edgewater. This was in ~xcess of the appraised value but New Smyrna Beach refused to sell. Through the efforts of.Senator Walter G. Walker and Representatives I. Walter Hawkins and Thomas T. Cobb, the Florida Legislature pass- ed Senate Bill No. 518, authorizing the Town of Edgewater to fix the rates to be charged for electricity sold in Edgewater. Acting under this law, your Town Council enacted Ordinance No." 149, fixing the maximum rates which could la\vfully be charged for electricity sold and distributed in Edgewater. The rates fixed thereby were somewhat lower than those being charged by the City of New Smyrna Beach in Edgewater, and were the same as the rates then being charged by the Florida Power and Light Company in Edgewater. , ~ Almost innnediate1y, the City of' New Smyrna Beach announced (1) ~ the dismissal of two Red Cross Life Guards because they hap- ~.' " pened to live in Edgewater, (2) the discontinuance of the bus " ~ service to Edgewater and (3) the discontinuance of Fire Calls to Edgewater. These things they had a legal right to do, and they did them. Edgewater had a legal right to fix the elect- ricity rates by ordinance, and did so, but New Smyrna Beach .. -, , u , -- v ~ \..J disregarded the ordinance which mandatorily required it to re- duce the Edgevmter rates, but instead is making you pay more than the law allows to be charged for the service. Your Council's offer to purchase the distribution system at a fair price has been refused. The. lower rates we f~d pursuant to legislative authority delegated to us have been ignored and disregarded by New Smyrna Beacq which is now exacting illegal payments from the people of Edgewater for electricity. Fortunately, through the interest of Senator Walker and Rep- resentatives HaiVkins and Cobb, the legislture passed Senate Bill .. No. 519, which gives Edgewater ample authority to acquire owner- ship of this distribution system by Condemnation Proceedings. Since our earnest efforts to negotiate a purchase have been fruitless and our action in fixing rates has been disregarded and reprisals have been directed against the people of Edgewater, we feel that the time has come to exercise that authority which the Florida Legislature gave us. Accordingly, we have passed an appropriate resolution authorizing the acquisition by the Town of Edgewater of the electric distribution system which New Smrna Beach operates in Edgewater, by Condemnation Proceedings. Under these proceed- ings the value of the property will be determined by a jury. We are making arrangements for financing the cost of aC4lli~ng'it. The To~~ Attorneys vall commence the proceedings shortly. We pledge our continued efforts to obtain for the citizens of "--" --2-- .J "- u ~ v ~ Edgewater, that which you have been denied for so long -- ad- equate electric service_at reasonable rates. September 10, A.D. 1947. ~~AA~ E. H. Lohm , Mayor-Commissioner fA, P4~ A. Hussey, Commissio er o?!:;: M~Z!n!!rf1!ner --3-- .