09-20-1943 - Regular Adjourned
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ADJOURNED REGULAR MEETING OF THE TOWN COUNCIL OF
THE TOWN OF EDGEWATER, FLORIDA, HELD IN V.I .A. HALL ON SEPTEMBER
20th, 1943.
Meoting c~ll.Qd to ordor at 7:32 P.M. by Mayor Council.mnn O.E.Southard.
ROLL CALL.
~~yor Uouncil.man.
uouncil:rn::m.
<';ouncilmnn.
Clerk.
Attornoy.
:Marshall.
O.E.Southard.
GeorgQ L.Bailey.
Henry Stalnaker.
Walter C.Fuller.
J.U.Gillespie.
David A. 'l'homn.s.
Presont.
Present.
Present.
Present.
Present.
Present.
READING OF MINUTES.
The minutes of the adjourned regular macting of September l3th, 1943 were
read whereupon Councilman Stalnaker moved that they be approved as read,
seconded by vouncilman ~ailey and by vote declared uARRIED.
BILLS AND ACCOUNTS.
The following bil.l.s wore road:
J .0 .Birch.
Clerks M~iss. Cash.
H.C.Colee.
David A. 'l'hol!lns.
F.C.cory.
O.E.Southard.
George L.Bail~y.
Henry Stalnaker.
Uouncil.man Bailey moved that those bills be approved,
part of the minutos, seconded by Counci~~n Stalnaker
c.;ARRIED.
$9.75
2.00
2.00
12.00
4.74
1.00
1.00
1.00
be paid and
and by Vote
b <} Hk'1.d (i Q.
declared
REPORTS OF OFll"1:CERS.
The <.;lerk reported that the Phone had been installed at the Marshall's House.
Mr. Moore and Thomas filed work reports for the period Sept. 1st to 15 Incl.
c.;OMMDNI CATIONS.
Algttcr dated September 8th signedby Mrs. E.H.Lohman was read in full. ~his
asked for the removal of 'fovm of Edgewater Sign in front of her property.
Mr. Moore was instructed to measure location of sign and report his findings
to the Ulerk. It was believed that this sign Was all on the Highway ~ight of
v.ny:'and that pGrmission had been given by the tlighwl.lY Dept. to place the sign
at this location. Attorney Gillespie was asked to answer the letter.
ORDINANCES, RESOLUTIONS.
A RQsolution enti tllid" A RESOLUTION ADOPTI1~G THE BUDGET FOR ALL NECESSARY AND
ORDINARY EXPENSES AND SPECIAL AIID EXTRAORDINARY EXPENSES FOR THE TOWN OF EDGE~
WATER, FLORIDA, FOR THE YEAR BEGINING OC'l'OEER 1st ,. 1943 ,AND ElIDING SEP'rE:MB.MH.
30th, 1944." was rCiHJ.d in full.
vouncilm..'1.n Stalnnlccr moved the adoptation of the Resolution, seconded by
Councilman Bailey and adopted tho roll call vote being as follows:
M.nyor vouncilmnn. O..ll:.Southard. Yes.
<';ounciDlli'1.n. George L.Bailcy. Yes.
Counci~~n. Henry Syalnnker. YQs.
A copy of the Resolution is attached and forms a part of these minutes.
Ordinance ~o. 118 ~ntitl.Qd "AN ORDINANCE PROVIDING FOR THE RATE OF TAXATION
FOR ALL PROPERTY IN THE TOWJ.f OF EDGEWATER, FLORIDA, FOR THE YEAR A.D. 1943,
PROVIDING WHEN SU(,'H 'fAXES SHALL BECOME DUE, AND BECOME DELINQUEl'fT .AND BE SOLD
FOR NON-PAYMillNTI .AND PROVIDING FOR DISCOillITS IF PAID BEFORE MARCE 1st, 1944."
was road in full.
~ouncilmnn bnilQY moved that Ordinanve ~o. 118 be passed upon first rQading,
sQcondcd by Uouncilman Stalnaker and by vote declared CARRIED.
Councilman Bailey movQcl that the requirement of reading Ordinance ~o. 118 on
second roading be waived and that said Ordinance be placed upon final passage,
soconQod by <,;ouncilmnn Stalnaker and by vote declared unanimously vARP~ED.
thereupon it was movod by Uouncilmnn Bailey, sceonded by Councilman Staln~ccr
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Minutes of September 20th, 1943.
Page 2.
ORDINAlrCES.Continucd.
THAT Ordinance No. 118 be passed and adopted and n roll call being t~cen on
this mo~ion resulted as follows:
:Mayor
Gounci~~n. O.E.clouthard.
Councilm~n. George L.Bailcy.'
Counci~~n. Henry Stalnaker.
Yes.
Yes.
Yes.
Moved by Gow1cilman Bailey, seconded by Gouncilman Soutbk~rd thut since the
Ass<issment Roll has been completed by the Town Ulerlc, and has been duly
examined and approvQd by the uouncil, Bitting as a Board of Equalization~
and has been duly submitted to Council, showing a total valuation of Real
and Personal Property in said ~own subject to ~axation of Thr.ce~nuridredSQventacn
Thousand Su:~' Hundred 'fwcntYJ Dollars, and the liouncil having considered
the report of the Board o~ Aqualization, therefore said Assessment Roll be
approved and confirmed as the Assessment Roll of said Town for the yoar
1943. A roll call vote being takon the same resulted us follows:
Mayor Counci~~n. O.E.Southard.
Gouncilman. George L.Bailey.
Gouncilmnn. Henry ~talnaker.
Yes.
Yes.
Yes.
UNFINISHED BUSINESS.
The triming of ~rees in front of the Fcc Property at New Hampshire Ave. and
Riverside Drive wus considered. Mr. Moore was requested to again check on
mQasurcmcnts to see if thh trees were on tho right of way.
Gouncil ordered the Glerk to write Geo,D.Brinkerhoff advising that they did
not insist that the rear of his property be cleaned but that they thought it
would be more expensive later if he wished to have it done.
NEW BUSINESS.
Attorney Gillespie reported that the ~'inal decree in the B.B.Dick casa had
been filed and granted.
Gouncilman Stalnaker moved that the bill of J.U.Gillespie for services in the
Dick Case, in the sum of $75.00 be paid and that ~he copy of the"Decrec of
Dismissal" be made a part of these minutes, seoonded by GounciL1TI.un 110i ley
and by vote declnred unanimously GARRIED.
l't "was moved by.uouneilmt\n. Bailey, seconded by Counctl.m.c..'li1 Stalnnkcr. that the.'
Uertificatc of Deposit No~ 63.in. the amount of ~400.40 .maturing"Scptcmber 30,
1943, accured interest ,8~00, be sUrrendered for a Certificate of deposit in
tho wmount of $900.00 maturing September 30th, 1944 , the difference being
made up as follows: $100.00 from the Permanent Improvement checking account
and ~391.60 from the ~pecial ~'ore~lo>sed 'Property :b'.u:q,d., that _the__~or and
Clerk are hereby authorized to sign Vouchars m4~ing the above transfers of
funds: by vote this motion was declared unanimously CARRIED.
Council.r1nn Southard moved that wo do now 'adjourn, seconded. _by. .GOM.Gi).JI~!-n
Bailey and by vote declared CARRIED. ~ime 9:14 P.M.
1fuyor Councilmun.
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IN THE CIRCUIT COURT OF THB SEVENTH
JUDICIAL CIRCUIT OF THE b'T ATE or FLORIDA
IN AND FOR THE COUNTY OF VOLUSIA."
o
IN CHANCERY.
HO.. 9187 .
PERCIVAL B. DICK"
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Plaintiff,
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. L BIL~ FOR INJUNCT ION .~
VIALTER C.FULLE~ as Town Clerk, ."
etc.,
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Defendant.
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ORDER OF COURT 'QISl!ISSIltG
B CAUSE WITHOUT PRE~ICS. "
The above entitled cause came on to be
heard this d~ on Motion to Dismiss, Motion for Com-
pulsory Amendment, and second ~otion to Diemi.1 tiled
by defendant herein on July 31st, 1943, upot due
notice to Herbert F. Fuller, Esq., heretofore attorney
BS,_ t
of record for plaintiff, George I. Fullertop, attorney ot
record tor M.aintift, and 'rom B. Stewart, Esq_, attorneY'
for plaintiff, aM the cause was argued by J. U. Gillespie,
Solic:ltor tor ..~f'gnt1ant.; none ot eoun8elf~ Plaintiff
appearing, and it appearing to 'the Court that thG ground.,
stated in Defendant's Moti8n to Dismis8 tiled on ,.aid
Juiy 3lat, 1943 are well taken, and the Court having dply
considered the same, now, there'Gee, it is hereupon
ORDEUED, ADJDDGBD AND DECREED I
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That the above entitled cause be and the
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anL1e 1u bernby disui..le.Cd, without preJu.dlco.
Anc.~ 1t tli'i'\..h\..'.' Uv1-'uarinc to ",hc ...:ourt tt4\t
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1. :1:;... Itl"S O~: the Court
t:.~ m 0:/ ;~~.19 t J ~;h t<:...lG.')~'l,;.C(. thl;~lh'!:enr'ant. on
(,~coun,. t/. t:.~ u1...1 oJ': \I\..~t~-~) ~1. j..iu'd b~r J :'r.1Jltitf to be
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p:.'eJu~..:1( 0, 1t i:l f"m:'Ulv..."' Cvdot"edl1',t: DoCl"GQd that the Oleri:
0:: 1.1.0 \,;1rmJ,t Court ~ one. te1:J h(~"'~h:r o.uthor1zed to
ro:fu..l.. ~..~ Np~ t:J t:..f; ploiatiff t.Ic ofiill s~ ot:
$29.10) lo~;J :::'~ ell :tG~ ....:, ..i1'':' 1>0 l1",c., t.ho 0 d.<' Clel'k "ror Me
r..: C&... v...! r.; J. ',i,: me rS:J (~n~ pt'.yir~, Ot.~ tl c nnnn, and for hie
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(Signed)
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Ci' '011.1 t JwlCi'.
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IN THE CIRCUIT COURT
of the
SEVENTH JUDICIAL CIRCUIT
in and for
VOLUSIA COUNTY, FLORIDA
I, I. Walter Hawkins, Clerk of the above styled Court do hereby certify that the
foregoing is a tme and correct copy of ............__DE.CRE.E...'OF....D.I.SMI.SBAL............__.__...................
. .... ...uu.n...o... un _........... n................... n.. n..... n. ..____.......... u.. __............ n _ _ _ _. _.. _............. un. _. n __. _ _ _.. __................. n _ n _ _.. _.......... _. _ _ _ _. _............... n._...............
in the case of ..............................P.E.RC.IyAL....B........DI.CK........................................................................................................
...............................................__.__..................__............................_...... vs........WAL.T.ER....C.~ ....PULLER,.....To.wn....Cle.rk
Town of Edgewater, etc.
&.....Ex...O.f.f.l.c.lo.....Tax...C.olle.c.tar....afI.N o. ..9187-..--........--......as the same appears of rec-
ord in.............Chancery. ...Qrder.......................________.............. Book .......9.0__....m' Page..-321 m.....' Public
Records of V olmia County, Florida.
WITNESS my hand and official seal at DeLand, Volusia County, Florida, this
__...1.5th........................day ofm.................__Sept.emb.e.r......................., A. D., 194..3m____
(Seal)
I. WALTER HAWKINS,
Clerk Circuit Court,
V olusia County, Florida
BY...>>t..o-J.L...~,;tlAtr^-.......
TI!NNo\NT PRI NTlNG ce.. 2000 2-41