SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF DOVER HELD MONDAY, SEPTEMBER 30, 1935
A special meeting of The City Council of the City of Dover was held in the Council Chambers, City Hall, on Monday, September 30, 1935, at 7:30 P. M.
The members present were:
Messrs. Thomas V. Keith, Curtis F. Millman, James A. Downes, Grover C. Frear, Willard M. Hinkle and Harry Vane.
The Mayor was present and presiding
The Secretary was present and acting.
The City Manager advised the Council that the following described lands belonging to Nettie S. Moore, to-wit: All that certain lot, tract, piece or parcel of land and premises situated, lying and being on the westerly side of St. Jones River and south of Water Street, in the City of Dover, Kent County and State of Delaware, and more particularly described as follows, to-wit: Starting at a point on the Tar Ditch at a stake approximately 268’ west of the St. Jones’ River, thence running north 11̊ and 35 minutes west a distance 351 ¾ ‘, thence turning at right angles and paralleling the lands of W. F. Cook Estate, the City of Dover, and Charles R. Faulkner, south 78̊ and 50 minutes east 85’, thence south 3̊ and 45 minutes east a distance of 74’, thence south 20̊ and 15 minutes east a distance of 142’ to the Tar Ditch, thence south 84̊ and 45 minutes west 130’, thence south 77̊ and 5 minutes west 66’, thence south 58̊ and 45 mihnutes east 71.94’ to the place of beginning, were required for the purose of erecting the proposed incinerator, or a part thereof on said lands, and recommended to the Council that the Council secure the lands and premises above mentioned for the purposes aforesaid.
THEREUPON, the following resolution was presented by Mr. Willard M. Hinkle and seconded by Mr. Grover C. Frear:
RESOLVED, that The Council of the City of Dover believes it desirable and favorable to acquire the following described lands, to-wit:
All that certain lot, tract, piece or parcel of land and premises situated, lying and being on the westerly side of St. Jones River and south of Water Street, in the City of Dover, Kent County and State of Delaware, andmore particularly described as follows, to-wit: Starting at a point on the Tar Ditch at a stake approximately 268’ west of the St. Jones River, thence running north 11̊ and 35 minutes west a distance of 351 ¾’, thence turning at right angles and paralleling the lands of W. F. Cook Estate, the City of Dover, and Charles R. Faulkner, south 78̊ and 50 minutes east a distance of 255.91’ to the high water mark of St. Jones’ River, thence south 7̊ and 22 minutes west 41.7’, thence south 17̊ and 50 minutes east 85’, thence south 3̊ and 45 minutes east a distance of 74’ thence south 20̊ and 15 minutes east a distance of 142’ to the Tar Ditch, thence south 84̊ and 45 minutes west 130’, thence south 77̊ and 5 minutes west 66’, thence south 58̊ and 45 minutes east 71.94’ to the place of beginning.
said land being the property of and owned by Nettie S. Moore and such lands to be used for the purpose of erecting an incinerator plant to be used by the City of Dover and for such other purposes connected therewith as shall be from time to time required; and
FURTHER, that for the purpose of hearing objections and to award just and reasonable compensation to the said Nettie S. Moore or to any other one who will be deprived of property as a result of the taking of the lands hereinabove mentioned and described, the Council will sit in the Council Chambers of the City Hall on the day of A. D. 1935, at o’clock M., at which day, hour and place the Council will hear such residents of the City or owners of the property effected as shall attend and shall at said meeting or at a subsequent day as they shall deem proper award just and reasonable compensation to anyone who will be deprived of property; and further that the notice of said meeting shall be posted in five or more public places in the City of Dover at least five days before the day fixed for the hearing aforesaid.
Nettie S. Moore, the sole owner of the said lands, and the only party interested, together with John B. Hutton and James M. Satterfield, her attorneys, appeared before the Council and waived the notice of the resolution giving a description of such property as shall identify the said property and determining the amount to be used or taken as well as the stating of the day, hour and place when the said Council would sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of property and requesting that the Council proceed to consider what compensation should be paid to the said Nettie S. Moore, owner of the said property to be taken as aforesaid, and requesting that the Council proceed forth with to hear objections to the taking of said property and to award just and reasonable compensation to her therefore.
THEREUPON, the Council proceeded to hear the objections of the said Nettie S. Moore and to hear and consider the proof of damages sustained by the said Nettie S. Moore as a result of being deprived of said property.
After hearing the objections and the proof of damages submitted and after maturely considering the same, the following resolution was introduced by Mr. Thomas V. Keith and seconded by Mr. Grover C. Frear:
RESOLVED, that the Council of the City of Dover after hearing and maturely considering the objections and proof of damages on behalf of the said Nettie S. Moore, owner of the lands to be taken for the purpose of erecting an incinerator plant for the use of the City of Dover, do hereby find that the said Nettie S. Moore has been damaged and will be damaged in the amount of Five Hundred Dollars ($500); and further, that the said sum of Five Hundred Dollars ($500) is a just and reasonable compensation for the taking of said lands; and
FURTHER, that the Treasurer of the City of Dover be and he is hereby ordered and directed to pay the said Nettie S. Moore or to her attorneys as an award of just and reasonable compensation for the taking of said lands the sum of Five Hundred Dollars ($500); and
FURTHER, that the Council hereby resolves to proceed with the proposed acquisition of the property hereinabove mentioned and described, believing the same to be for the best interest of the City of Dover.
After maturely considering the foregoing resolution the same was unanimously adopted on a yea and nay vote as follows:
Yeas Nays
Keith
Millman
Frear
Downes
Hinkle
Vane
(Note: The following is hand written.)
Council adjourned at 9 P.M.
Joseph O. Willis
City Clerk