09-10-1947 - Regular
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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.
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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.
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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
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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
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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
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: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;~
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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
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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
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A~TEST ~..::;;I{ ~
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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
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said Town, this lOth day of September, A.D.. 1947.
Town Clerk
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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
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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.
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Mayor-Councilman
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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
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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-
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" ~ 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
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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
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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
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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
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