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05-02-1939 - Regular ineke Nome 'goose' REGULAR MEETING OF THE TON COUNCIL OF THE TOWN OF EDGEWATER, FLORIDA, HELD IN V.I .A. HALL ON MAY 2, 1939. Meeting called to order at 7:33 P .M. by Mayor Councilman Ralph Adams. ROLL CALL. • Mayor Councilman Ralph Adams. Present. Councilman C.D.Bartlett. Present. Clerk Walter C.Fuller. Present. Attorney. Herbert Fuller. Present. Marshall Horace King. Present. READING OF 8 NUTES . The minutes of the regular meeting of April 18 and the special meeting of April 25th, 1939 were read. Councilman BartlettTM these minutes be approved as read, seconded by Councilman Adams , and by vote declared CARRIED BILLS AND ACCOUNTS . The following were read; J.O.Birch, Printing 500 Official Ballots for Special 'sown Election and Reprinting on account of adding the name of Leon H.• Mcllvene $6.50 Fire Calls for Fire on Lots South of Palmway and East of Highway Wallace Lance < 1.00 J.R. 00d 1.00 R.E .Fuller 1.00 Horace King 1.00 4.00 ';.hitney Hardware Company, 1 Box of .38 Shells 1.75 McMillan Service Station, Apr. 11, 20 , ' ay 1 and 2, Gas oil for Tractor Grading Streets ; 8.30 Robert E.Puller, 20 Hrs. with Tractor, 2 Hrs. Labor 10.40 A.M.Gibson, 20 'Hrs. Labor 4.00 ;.S.Darley and Company, 1 Traffic Light 67.46 I .Walter Hawkins , State and County Taxes under the Murphy Act for properties bought at Masters Sale of Apr. 3 , 1939 138.87 J.tJ.Gillespie , Town Attorney, .quarterly retainer fee Mal 1 to Aug.1 37.50 City of New Smyrna Beach, Street Lights for May °>75.23 V.I .A.Hall Lights to Apr. 19 2.04 77.27 New Smyrna Beach Daily News , Publication '.1' .of E. vs. C .E .' hhite, et. al. 16.00 Clerks Miss . Cash Account, Stamped Envelopes, Stamps , Cleaning Hall. 2.11 G.W.Repp, Gas for Truck delivered in Sept. L938. 1.00 Horace King, Salary as Marshall for the month of April 40.00 Councilman Bartlett moved that the Bills ,with the exception of ; 3.00 for printing of Ballots and the Marshalls Salary :; 40.00 for the month of April, be paid and that they be made a part of these minutes , seconded by Council- man Adams and by vote declared CARRIED. It developed during the discusion on the above motion that Councilman Bartlett had at the last regular meeting opposed paying the ,rshall for April until the end of the Month of April but that now he objected to it because he wanted tae duties of the ,aarshall defined. REPORTS OF OFFIC ;RS . The clerk read his Cash Statement and Statement of Budget Appropriations for the Period April 4, 1939 to April 30 , 1939. Councilman. Bartlett moved that the re)orts be approved as read and be made a part of the minutes , seconded by Councilman Adams , and by vote declared CARRIED. The acting Town. attorney reuorted that Judge Frederick, in Mandamus Action sought by Leon H McIlvene uled that name of Leon H. Mcllvene be placed on ballot to be used in the forthcoming special election. hereupon it °gas , 0 1 , 1116 .A 0, I • 4411110' ***41111 Minutes of May 2, 1939. Page 2 requested that the proceedings of the Court be read in full which the Attorney did. Councilman Bartlett. moved that the ruling in this case be made a part of these minutes , seconded by Councilman Adams and by vote declared CARRIED. Regarding a hole dug in the Old County Road South of Park Ave. the Marshall was requested to determine its location and report at the next meeting of Council. The Clerk reported on the cost of oyster shell hauled to Railroad Street and dumped where desired as $1.75 per cubic yard. -Lt was also reported by the Clerk that the street signs were being lettered and that the concrete posts were poured and were now curing. He also reported that it was found that the refuse dump out some distance on Park Ave, was within the City Limits. UNFINISHED BUSIN-ESS . Aletter was read from Euceba D.Reed expressing her regret at being unable to act as Clerk of the Eledtion Board because of her absence from Edgewater on May 16,1939. Whereupon Resolution entitled , "A RESOLUTION APPOINTING- A CLERK AND THREE INSPECTORS OF ELECTION FOR THE SPECIAL TOWN ELECTION TO BE HELD IN TEL TOWN OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, ON TUESDAY THE SIXTLENTE DAY OF MAY, A.D. 1939. " was read in full. Councilman Bartlett moved the adoption of the resolution, seconded by Coucilman Adams. The motion carried the vote of the • Council being as follows; Mayor Councilman Ralph Adams. Yes. Councilman C .D.Bartlett. Yes. The Mayor stated that Horace King had been appointed Town Marshall and asked that the appointment be confirmed. Councilman Bartlett stated that before he would confirm the appointment he wanted the duties of the Marshall defined Councilman Bartlett stated that the Marshall should do patrOl duty, look after the streets and operate the road grader. The Mayor asked Marshall King if he was performing these. duties and the Marshall replied that he was with the exception of operating the road grader. There was no action taken 013 the confirmation of the appointment. NEW BUSINESS . Councilman Bartlett moved, that a check for $382.60 be drawn payable to I . a.lter Hawkins , clerk of Circuit Court for the redemption of state and County Taxes on Property in pending Forclosure Suit not heretofore redeemed under House Bill 396, seconded by Councilman Adams-, and by vote declared CARRIED. It was reported that the Town Road Scraper should be repaired. Councilman Bartlett. moved that the Road 'icraper be repaired at a cost not to exceed $30.00 and that the Clerk see Yr. Hall of the Hall Machine Shop about doing the work, seconded by Councilman Adams and by vote declared CARAIED. Councilman Bartlett moved that we do now adjourn, seconded by Councilman Adams and by vote declared CARRIED. T ' 9:24 P .M. Mayor Councilman Councilman ATT&ST: (Am" , # , gown C erk. • r 'b.111Cm.,s + ,,. CLERKS CASH STATEMENT FOR THE TOWN OF EDGEWATER. FOR THE PERIOD: APRIL 4th, 1939 to APRIL 30th, L939. Cash on hand and in Bank April 4th, 1939. Cash on Hand . 123.44 General Fund in Bank 1004.89 Total General Fund.. 3128. 33 Permanent Improvement Fund (Certificates), 773.40 Permanent Improvement Fund 155.00 Delinquent Tax Fund 14.32 Total Cash on Hand and in Bank $4076.55 COLLECTZQ Current Taxes 4 200.25 Delinquent Taxes 27.45 Interest on Delinquent Taxes 25.97 Taxes riot on Roll 49.77 Licensed 2.50 Fines and Forfeitures ----- Fees 9.25 Lot Cleaning • especial Delinquent Tax Fund 10. 34 Total Collections _ $ 325.5 Total to be accounted for 4402.08 . Streets $ 25.00 Street Lighting 75.23 Salat4ies 56.00 Legal and Elections iiayors Court 3.81 Office Expense 3.02 Emergency Fire Department Lot Cleaning .25 Permanent Improvements ---_ Fines and Forfeitures Fees 19.00 Special Delinquent Fund 189.76 Discount on Taxes Miscelaneous Equipment. 67.48 Total Disbursements $ 439.55 Cash on Hand and in Bank April 30th, 1939. Cash on Hand 76.86 General Fund in Bank 2915.25 Permanent, Improvement Fund 963.40 Delinquent Tax Fund 7.02 Total Cash on Hand and in Bank Total to be Accounted for _ 4402.01 Of the General Fund in Bank there has been set aside for: Special Delinquent Tax Fund. : 557.35 ATTEST: Town Clerk... • BUDGET APPROPRIATIONS,.. Report for the period:. APSIL 4th, 1939 to APRIL 30th, 1939. ACCOUNT. APPROP.IATEII: EXPENDED UNEXPENDED` l,„ Streetse30Q.Q:Q1 15 168.25 631.75 2, Street Lighting 90400 526.61 378.39 3, Salaries 1420 .00 639.00 781.00 4, Legal and Election. 300,00 200.25 99.75 5, Mayors Court 50,00 43. 57 6.43 6, Office Expense 275,00 172.44 102. 56 7, Emergency 300,00 75.00 225.00 8, Fire Department 150,00 36.65 113.35 9, Lot Clearing 100,00 2.40 97.60 10. Permanent Improvements _122022_ 64.95 135.05 Totals $4,500.00 01929.12 02570.88 ATTEST; • Town Clerk•}: • 1/44110)' AS . 1 i -.4 MI I I I I I 0** i IN THE CIACUIT CL,URT OF T HE SEVENTH JITDICIAL CI.tiCUIT IN AND FOR VCL".:IA C' ,'TTY, . F..CiI DA. LAW NO. STAGE OF FLOnIDA, ex relatione , ) . Lt+;ON H. Mc ILVE'_'TE, ) • Relator, ) vs. ) : PEREMPTORY WRIT RALPH ADA..S, et al, ) CF MANDAMUS '?espondents. ) • ) TO: •ALPH ADA,..S and C. D. BARTLETT, as and constitut- ing the Town Council of the Town of Edgewater, Volusia County, Florida; 71ALPH ADAMS, as Mayor- Councilman of said Town of Edgewater and C. D. BARTLETT, as Vice-Mayor Councilman of said Town of Edgewater, ' espondents. G R r; E T I T; G 'a `E-1LAS, an alternative writ of mandamus has been issued in the above entitled ca. sja,_ ainst the r unondents above named; and ':'d EA AS, said respondents filed a return to said writ; and WHEREAS, the. relator filed a motion for a p--_remptory writ of mandamus notwithstanding; ..aid retrn; and I E ;"LAS, the Court has entered a final judgment making the said alternative writ peremptory and directing the Clerk of this Court to i.Tuue a peremptory ,_rit in ac- cordance with the commands of said alternative writ. • 1/400) t • ftigOt -Ow, TL.] ..L.FORE , we, being wi_ling that full, airect and speedy justice be done , do co:,Mand and direct, you, RALPH ADAn3 and C. Ti. 1ri,: TLETT, as and constituting the Town Council of the Town of Edgewater) Volusia County, , lorida; T5,ALPH ADtiMJ, as Mayor-Councilman of said Town of Edgewater and C. D. BADTLETT, as Vice-Mayor Councilman of said Town of Cdgewater, to forthwith cause the name of the relator, ' Leon L . rcIlvene , to be placed on the o i ic uI bL,Ilot, as a candidate for the office of Town Councilman of the Town of *J.]dgewater, Volusia County, Florida) at th election to be held on the 16th day of May, A. D. 1939, and to pre- pare , pass , adopt, a prove and sicm, all resolutions, motions, Papers and documents and to do and perform all acts and thins necesary or the name of the said ,-eon 1 . Ilcllvene to be laced on the olficial b, llot to be used in the election as ,_,foresaid and that you make known to t is Court ' ow yo shall have performed the commands of this writ within five days from the date hereof. Herein fail not. WIZ. the honorable F. B. Frederick, Judge of the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, this _1st day of May, A. D. 1939. I. 'ALTER HAWKINS Clerk Circuit Court.