REGULAR MEETING
October 5, 1925
Members present Woodford, Downes, LeFevre, Clements, Keith, Burton, Frear, Clark & Hinkle.
Reading of Minutes
The minutes were approved as read by the Clerk.
Ordinance
The Ordinance granting the State Highway Department of Delaware King St. and Division was approved on motion of Messrs. Downes and Clements. Ordinance follows:
AN ORDINANCE GRANTING A PERMIT, LICENSE OR FRANCHISE TO THE “STATE HIGHWAY DEPARTMENT” OF THE STATE OF DELAWARE TO CONSTRUCT AND PERPETUALLY MAINTAIN A CERTAIN MODERN, IMPROVED HIGHWAY IN THE TOWN OF DOVER, KENT COUNTY AND STATE OF DELAWARE, EXTENDING ALONG A PART OF KING STREET AND THENCE ALONG DIVISION STREET TO THE EASTERLY TOWN LIMITS, AND AUTHORIZING THE EXECUTION BY “THE TOWN OF DOVER”, A MUNICIPAL CORPORATION OF THE STATE OF DELAWARE, OF A CERTAIN CONTRACT HEREINAFTER SET FORTH BETWEEN THE SAID “THE TOWN OF DOVER” AND THE SAID “STATE HIGHWAY DEPARTMENT”OF THE STATE OF DELAWARE, DEFINING THE TERMS AND CONDITIONS UNDER WHICH THE SAID “STATE HIGHWAY DEPARTMENT” SHALL CONSTRUCT AND PERPETUALLY MAINTAIN SAID MODERN, IMPROVED HIGHWAY, THE RESTRAINTS THAT THE SAID “THE TOWN OF DOVER” SHALL BE UNDER WITH RESPECT TO OPENING, DIGGING UP (GRANTING A PERMIT, FRANCHISE OR LICENSE WITH RESPECT TO) OR OTHERWISE INTERFERING WITH SAID IMPROVED HIGHWAY AND ALSO FIXING THE RELATIONS THAT SHALL EXIST BETWEEN “THE TOWN OF DOVER” AND THE SAID “STATE HIGHWAY DEPARTMENT” WITH RESPECT TO SAID IMPROVED HIGHWAY SO TO BE BUILT AND MAINTAINED BY SAID “STATE HIGHWAY DEPARTMENT”.
WHEREAS, the “State Highway Department” of the State of Delaware has made a certain offer to “The Town of Dover” to construct and perpetually maintain a certain modern, improved highway, extending along a part of King Street and thence along Division Street to the easterly town limits; and
WHEREAS, it is deemed by “The Town of Dover” to be greatly in the interest of the said town and its people to accept such offer and to authorize the doing of such things as may be necessary to accomplish the purpose thereof;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Town Council of “The Town of Dover”:
Sec. 1. That the said offer of the said “State Highway Department” of the State of Delaware as hereinabove set forth in the first preamble be and the same is hereby accepted upon the terms and conditions herein prescribed.
Sec. 2. That consent is hereby given and granted to the "State Highway Department" of the State of Delaware to both construct and perpetually maintain an improved highway in the Town of Dover, having a width of metal of feet of which the center line shall extend from a point in the centre line of King Street six hundred fifty-nine feet southwesterly from the intersection of Budd and King Streets; thence along the centre line of said King Street north sixteen degrees nine minutes east six hundred eighteen and six tenths feet; thence tangent to the right on the arc of a circle of three hundred fifty-two and seven tenths feet radius one hundred seventeen and ninety-nine hundredths feet; thence along said centre line of King Street north thirty-five degrees twenty-four minutes east six hundred fifty-five and eight tenths feet to the intersection of King and Division Streets; thence along the centre line of said Division Street north eighty-two degrees east one hundred four and eight tenths feet; thence along the centre line of said Division Street north eighty-three degrees fifty minutes east one thousand fifty-five and two tenths feet to a point in the easterly town limits of the Town of Dover. In the exercise of the license, permission and authority hereby granted, the said "State Highway Department" shall have the right to dig up, excavate or otherwise work upon and with the present bed of the streets in the said Town of Dover and to do all things necessary in connection with the construction of modern, well paved highways thereon, providing that in so doing the said "State Highway Department" shall not injure or otherwise interfere with any underground structures now located under the surface of the streets either belonging to "The Town of Dover" or belonging to others acting under a franchise or permit granted thereby.
Sec. 3. That "The Town of Dover" shall not hereafter grant any license, permission , franchise or other right to any corporation or person to open the bed or surface of said streets within the curb lines thereof for any purpose whatever nor in any way dig up, disturb or in any manner interfere with the surface or substructure thereof nor shall the said "The Town of Dover" open the bed of said streets or dig into the same or in any manner disturb or interfere with the surface or substructure thereof within the said curb lines for any municipal purpose without first having notified the said "State Highway Department" of the intention to grant such license, permission, franchise or other right or to open, dig into, disturb or otherwise interfere with such bed, surface or substructure, specifying in such notice the purpose of the permission granted or of the contemplated municipal work in or on the streets, the extent and character of the same and the exact location in the said street or streets to which it applies. Upon receiving such notice the said "State Highway Department" shall either forthwith terminate the agreement hereinafter referred to or shall open said street or streets at the location specified and when the purpose for which said permission is granted or opening made shall have been accomplished, the said "State Highway Department" shall close such opening and restore the streets, so nearly as possible, to their condition before such opening was made. Immediately after such restoration of said streets the said "State Highway Department" shall furnish the said "The Town of Dover" with an itemized statement of the actual cost of such opening and restoration of said streets and the said "The Town of Dover" shall forthwith pay the amount of such cost as shown by such statement to the said "State Highway Department".
Sec. 4. That new building lines are hereby established along the route of the proposed new highway as herein set forth which said new building lines are declared to be two lines parallel with the center lines of the said proposed new highway and thirty feet distant from said center lines, one of the said new building lines being on one side of the said highway and one on the other side thereof.
Sec. 5. That the Town Council of the said “The Town of Dover” shall proceed to mark out, define and establish the grades shown on the plans attached to the agreement hereinafter contained so that the grades of the said street or highway which are to be improved and paved by the said “State Highway Department” hereunder shall be thus definitely delimited.
Sec. 6. That the consent and permission hereby granted shall become effective only upon the execution, in duplicate, by the said “The Town of Dover” and the said “State Highway Department” of the said agreement in words and figures as next immediately hereinafter set forth and that the Honorable , the President of the Town Council of “The Town of Dover”, is hereby authorized and directed to execute and acknowledge, in duplicate, on behalf of “The Town of Dover” the said agreement by causing his hand to be thereunto affixed in his capacity as President and by affixing thereto the corporate seal of “The Town of Dover” and the Clerk of the Town Council of “The Town of Dover” is hereby authorized and directed to attest the execution of the said agreement and the affixation of said corporate seal; and one of the said agreements when executed shall be delivered to the said “State Highway Department” and the other shall be retained by the said “The Town of Dover” and the said agreement is as follows, to wit:
THIS AGREEMENT, made this day of , A. D. 1925, between the "STATE HIGHWAY DEPARTMENT" of the State of Delaware, party of the first part, and "THE TOWN OF DOVER", a municipal corporation of the State of Delaware, party of the second part:
WHEREAS the party of the first part has made an offer to the party of the second part to construct a certain improved highway with first class street or road paving materials and to perpetually maintain the same at the expense of the party of the first part, having a width of metal of feet of which the centre line shall extend from a point in the centre line of King Street six hundred fifty-nine feet southwesterly from the intersection of Budd and King Streets; thence along the centre line of said King Street north sixteen degrees nine minutes East six hundred eighteen and six tenths feet; thence tangent to the right on the arc of a circle of three hundred fifty-two and seven tenths feet radius one hundred seventeen and ninety-nine hundredths feet; thence along said centre line of King Street north thirty-five degrees twenty-four minutes east six hundred fifty-five and eight tenths feet to the intersection of King and Division Streets; thence along the centre line of said Division Street north eight-two degrees east one hundred four and eight tenths feet; thence along the centre line of said Division Street north eighty-three degrees fifty minutes east one thousand fifty-five and two tenths feet to a point in the easterly town limits of the Town of Dover, upon condition that the party of the second part shall establish the necessary grades and grant to the party of the first part the permission to so construct and maintain the said improved highway and will agree not to open or in any way interfere with the surface or substructure of said highway or streets for municipal purposes and not to grant any franchise, license or permit to open or interfere with the same except upon terms and conditions hereinafter prescribed; and
WHEREAS, the party of the second part realizing the great benefit that will accrue therefrom to “The Town of Dover” has accepted said offer and has authorized the execution of this agreement for the purposes of accomplishing the results to be effectuated by said offer and acceptance;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that the said parties hereto, for and in consideration of the sum of One Dollar ($1.00) by each to each of the others in hand paid, and also for and in consideration of their mutual covenants, promises and agreements as hereinafter set forth, hereby covenant, promise and agree to and with each other as follows:
(1) The party of the second party hereby gives and grants to the party of the first part full license, permission and authority to build, construct and perpetually maintain an improved highway, of a width of metal of feet with adequate shoulders, extending through said town as previously described and as shown on the plans and specifications hereto attached and made a part hereof. In the exercise of the license, permission and authority hereby granted, the party of the first party shall have the right to dig up, excavate or otherwise work upon and with the present bed of the streets in the said Town of Dover and to do all things necessary in connection with the construction of a modern, well-paved highway thereon, provided that in so doing the party of the first part shall not injure or otherwise interfere with any underground structures now located under the surface of the said streets either belonging to the party of the second part or belonging to others acting under a franchise or permit from the party of the second part.
(2) The party of the first part hereby agrees, so soon as practicable, to construct out of some modern, high grade paving material, an improved highway as previously described and referred to in this agreement and of the width and in the location indicated, in such manner as that when completed the surface of the said street shall be hard, smooth, level and durable; and the party of the first part further agrees to perpetually maintain said portion of said street so to be improved by it as aforesaid in practically the same, or as good condition as when first completed. The party of the first part also agrees that all such cost of such original construction and all cost of maintenance and rebuilding of said portion of said street shall be paid by the party of the first part but that all such construction and maintenance shall be actually done by the party of the first part through its engineering and other organization and shall be so done upon the sole judgement, discretion and responsibility of the party of the first part.
(3) The party of the second part hereby agrees that it will not hereafter grant any license, permission, franchise or other right to any corporation or person to open the bed or surface of said streets within the curb lines thereon for any purpose whatsoever, nor in any way dig up, disturb or in any manner interfere with the surface or substructure of the said street within the said curb lines and will not open the bed of the said streets within the said curb lines or dig into the same or in any manner disturb or interfere with the surface or substructure thereof within the said curb lines for any municipal purpose without first having notified the said party of the first part of its intention to grant such license, permission, franchise or other right or to open, dig into, disturb or otherwise interfere with such bed, surface or substructure, specifying in such notice the purpose of the permission granted or of the contemplated municipal work in or on the streets, the extent and character of same and the exact location in the said street or streets to which it applies; upon condition that upon receiving such notice the said party of the first part shall have the right either to terminate the agreement herein expressed to perpetually maintain said portion of said street, or streets and shall so terminate the same or shall open said street or streets at the location specified and when the purpose for which said permission is granted or opening made shall have been accomplished, shall close such opening and restore the streets so nearly as possible to their condition before such opening; and if and when after such restoration of said streets the said party of the first part shall furnish the said party of the second part with an itemized statement of the actual cost of such opening and restoration of said streets, the said party of the second part shall forthwith pay the amount of such cost as shown by such statement to the said party of the first part.
(4) The party of the first part agrees upon receipt from the said party of the second part of the notification provided for in numbered paragraph (3) hereof, either to terminate this agreement immediately or, so soon as practicable, to open said portion of said streets at the place and in the manner indicated in such notice, and, so soon as practicable after the accomplishment of the purpose for which said opening is made, to close the same and restore the streets so nearly as possible to their condition before such opening and promptly thereafter to furnish the party of the second part with an itemized statement of the actual cost of such opening and restoration of said streets.
(5) The said party of the second part agrees that it will forthwith proceed with the establishment of new building lines along the said streets or highways so that the said streets or highway shall be sixty (60) feet wide and so that the said building lines shall each by thirty (30) feet distant from the center line of the said streets or highway.
(6) The party of the second part further agrees that it will forthwith proceed to mark out, define and establish the grades shown on the plans hereto attached so that the grades of the said streets or highway which are to be improved and paved by the said party of the first part hereunder shall be thus definitely delimited.
(7) The party of the first part agrees to indemnify and save harmless and does hereby indemnify and save harmless the party of the second part from all claims, suits, loss or damages that may result from the work of constructing said improved streets and maintaining the same in perpetuity, and the said party of the first part hereby agrees to assume, be responsible for and pay all the legitimate claims or demands either against the party of the first part or the party of the second part which shall arise out of any work that shall be done or materials that shall be furnished in connection with the construction or maintenance hereunder of said portion of said street.
(8) This agreement shall extend to and be binding upon the successors, governmental or otherwise of the parties hereto as fully and to the same extent as it is biding upon the said parties themselves.
IN WITNESS THEREOF the parties hereto have duly executed this agreement, in duplicate, under their respective seals, the day and year first hereinabove written.
“STATE HIGHWAY DEPARTMENT”
of the State of Delaware.
Signed, sealed and delivered in the presence of: BY
Chairman
Chief Engineer
“THE TOWN OF DOVER”
BY
President of the Town Council.
Attest;
Clerk
STATE OF DELAWARE )
: ss.
KENT COUNTY )
BE IT REMEMBERED, that on this day of , in the year of our Lord one thousand nine hundred and twenty-five, personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, William G. Taylor, Chairman of the “State Highway Department” of the State of Delaware, which said “State Highway Department” of the State of Delaware is a party to this instrument of writing and known to me personally to be such acknowledged this instrument of writing to be his own act and deed and the act and deed of the said “State Highway Department”; that the signature of his name to said instrument of writing subscribed is in his own proper handwriting; that the seal thereto affixed is the seal of the said “State Highway Department” and that his act of signing, sealing, executing and delivering the said instrument of writing was duly authorized by a resolution of the said “State Highway Department”.
GIVEN under my hand and seal of office the day and year aforesaid.
Notary Public
STATE OF DELAWARE )
: ss.
KENT COUNTY )
BE IT REMEMBERED, that on this day of , in the year of our Lord one thousand nine hundred and twenty-five, personally came before me, the Subscriber, a Notary Public for the State of Delaware, , President of the Town Council of “The Town of Dover”, party to this instrument of writing, known to me personally to be such, and acknowledged this instrument of writing to be his own act and deed and the act and deed of the said “The Town of Dover”, that the signature of his name to said instrument of writing subscribed is in his own proper handwriting; that the seal thereto affixed is the corporate seal of the said “The Town of Dover”; and that his act of signing, sealing, executing and delivering the said instrument of writing was duly authorized by a resolution of the Town Council of “The Town of Dover”.
GIVEN under my hand and seal of office the day and year aforesaid.
Notary Public
Transfer of Land
The Council acting on motion of Messrs. Keith and Downes transferred to The State Highway Department of Delaware the Deed for the parcel of land lying south of the Light and Water Plant now occupied by the new State Highway between the Towns of Dover and Little Creek.
Agreement between The Town of Dover and John W. Caulk
Council acting on motion of Messrs. LeFevre and Downes ratified the following agreement.
THIS AGREEMENT made this first day of October, A. D. 1925;
BETWEEN John W. Caulk, of Dover, Delaware, party of the first part, and The Town of Dover, a municipal corporation of the State of Delaware, party of the second pat;
WITNESSETH: That the first party hath this day agreed to sell unto the second party, its successors and assigns, for the consideration hereinafter named, all that certain tract or parcel of land situated on the West side of Kings Highway, near the Dover Electric Light and Water Plant, in the Town of Dover, Kent County and State of Delaware, bounded on the East by Kings Highway aforesaid, on the South by other lands of The Town of Dover, on the North by lands of the party of the first part recently purchased under contract from Frank B. Webb and wife, and on the West by the mill stream of the Lewis Mill Pond, and having a front on said Kings Highway of Fifty (50) feet, and running back therefrom, between parallel lines to the said stream, be the contents thereof whatsoever they may.
The second party agrees to pay for said lands and premises the sum of Two Hundred and Fifty Dollars ($250) on or before the first day of January, A. D. 1926, at which time the first party agrees to make, execute and deliver to the second party a good and sufficient deed in fee simple for said lands and premises, free and clear of all liens and encumbrances.
This agreement shall bind the heirs, executors, administrators, successors and assigns of the parties hereto as well as the parties themselves.
IN WITNESS WHEREOF the said John W. Caulk has hereunto set his hand and seal and the Town of Dover has caused these presents to be signed by President of the Town Council of The Town of Dover, and its corporate seal to be hereunto affixed, attested by the Town Clerk, pursuant to a resolution of the Town Council aforesaid, this fifth day of October, A. D. 1925.
(SEAL)
John W. Caulk
THE TOWN OF DOVER
President of the Town Council
ATTEST:
Clerk
Request for the opening of New St.
John B. Hutton representing Wm. Hurley Sr. came before Council an requested the opening of New St. from Bank Lane to Water Street. Mr. Hurley agreed to donate the land where the Street crossed his property and to give $100.00 toward the purchase of other land. This was referred to the Street Committee to get the cost of the remaining land, from Marshall and report to Council at its next meeting.
Water Main on Pennsylvania Avenue
Council acting on motion of Messrs. LeFevre and Downes authorized the Light and Water Committee to lay a 6" six inch water main in Penna. Ave. from Division St. to Dela. Ave. Work to start at once.
G. L. Gooden request for light to So. Dover Manner
Council acting on motion of Messrs. LeFevre and Clements agreed to build the line as soon as possible, Mr. Gooden to furnish the material, the town to do the work and own the line.
Dr. Stephens request for No Parking Sign
The request of Dr. R. S. Stephens for a NO PARKING sign in front of his office was left with the Street Committee.
Aldermans Report
The Aldermans report showed 19 arrests and fines collected amounting to $88.20, check for same being turned over to the Treasurer. This report was accepted on motion of Messrs. Keith and Hinkle.
Engineers Report
The following report of the Chief Engineer was read by the Clerk and upon motion of Messrs. Clements and Burton was accepted ordered entered in the minutes and filed.
Commercial Light 80,720
Street Light 6,640
Pump Motors 20,500
Feed Water89,613
Compressor Oil150
Engine Oil59
Compressor Oil33
Cup Grease16
Waste25
Coal on hand 914 T. 1110 Lbs.
Coal used 216 T. 670 Lbs.
Signed A. L. Kichline
Superintendents Report
The following report of the Sup’t. after being read by the Clerk was accepted, ordered, entered in the minutes and filed.
Water Rents
Light Rents
Sundries
1924 Tax
1924 Tax
1925 Tax
$ 89.43
5,351.10
16.60
22.52
61.66
470.62
$ 6,011.84
Treasurer’s Report
Upon motion of Messrs. Burton & Clark, the following report of the Treasurer, after being read by the Clerk was accepted, ordered entered in the minutes and filed.
Light Fund
Receipts
Order #105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
$ 16.68
122.60
27.94
7.50
1,274.13
11.00
25.00
3.75
613.00
1.20
210.00
299.26
.94
2.09
195.15
278.46
4,220.21
$ 7,310.08
Disbursements
Aug. 31, 25 Balance
Romeo & Co
Supt.
Oct. 5, 25 Balance
$ 12,956.85
321.83
5,367.70
$ 18,646.38
$ 11,336.30
General Fund
Receipts
Sept. 4, 25 Cash E. F. Wood
Sewer Fee
1923 Tax
1924 “
1925 “
$ 97.00
37.00
22.52
61.66
470.62
$ 688.80
Disbursements
Order # Overdraft
105
106
107
108
109
110
111
112
113
Balance
$ 3,392.10
43.80
15.00
35.85
5.00
18.54
31.85
60.89
25.00
989.27
$ 4,617.30
$ 3,928.80
Water Fund
Disbursements
Overdraft
Order 11
$ 2,563.36
1,000.00
$ 3,563.36
Receipts
Cash from Sup’t.
Overdraft
$ 89.34
$ 89.34
$ 3,474.02
Special Fund
Balance
$ 34,289.50
Disbursements
Order # 2 Walter T. Masset
3 M. Simon
4 Schutte Koerting
5 Approved Bills
Balance
$ 41.66
75.52
163.94
1,716.47
$ 1,997.59
$ 32,291.91
Vacation for T. F. Cook
Council acting on motion of Messrs. LeFevre & Keith granted Mr. T. F. Cook one weeks vacation with pay in appreciation of services rendered.
Lighting Standard for State & Loockerman Sts.
Council acting on motion of Messrs. Downes & Burton authorized the purchase of Standard as presented by Mr. Clements on blue print UMCO 2-Hinkle-708 to be placed in front of the Post Office at State & Loockerman Sts.
Repairs to Pavement
The Clerk was authorized to send notices to Mrs. H. A. Richardson, DuPont Walker, R. C. Walker, Wm. Walker, Mrs. Anna E. Watson and Mrs. R. R. Kenney, to have put in repair the sidewalk and curb at the property on North Street and So. Governors Avenue.
Elm Terrace Sewer
Council acting on motion of Messrs. Frear and Clark authorized the Sewer Committee to put a sewer in Elm Terrace. The work do be started at once.
The question of a sewer on Clara Street between Bradford and the Alley toward State be left with the Sewer Committee with power to act.
Ordinance Concerning Awnings
The following ordinance was unanimously adopted by Council on motion of Messrs. Downes and Burton.
AN ORDINANCE CONCERNING AWNINGS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DOVER in regular session met, this fifth day of October, A. D. 1925.
Section 1. That it shall be unlawful to place over the footway in front of any building on Loockerman Street any awning, and further that all awnings now erected and standing on said Street shall be taken down and removed by the owners of the buildings to which same are attached, on or before the first day of December, A.D. 1925.
Section 2. A violation of this Ordinance as to the erection of awnings shall constitute a nuisance, and any person so violating shall be subject to a fine of not less than Twenty-five Dollars ($25), nor more than One Hundred Dollars ($100), and upon conviction before the Alderman shall remove said awning within ten days thereafter, and upon his failure to so remove such awning, the Town Council is hereby authorized to have same removed by its employees; if the owner of any property on Loockerman Street aforesaid shall violate this Ordinance by permitting the awnings now erected to remain in front of their respective buildings on and after the first day of December, A.D. 1925, same shall be deemed a nuisance, and upon conviction thereof before the Alderman, such owner shall be subject to a fine of not less than Twenty-five ($25) nor more than One Hundred Dollars ($100), and shall within ten days after such conviction, remove the awning aforesaid, and upon his failure to do so, the Town Council shall have same taken down and removed by its employees.
Schwartz Light Bill Adjustment
Dr. W. D. Burton was authorized by Council to make an adjustment in the light bill of Mr. Geo. M. Schwartz of $14.00 for February.
Committee on Accounts
On motion of Messrs. Burton & Downes the Clerk was instructed to draw orders on the Treasurer necessary for the payment of the following bills which were presented for payment, audited and found correct.
Light Fund
Order #122 Atl Refg Co
123 Jas. B. Bice Co
124 Del State News
125 Diamond Ice & Coal Co
126 Gove Ennis
127 G. E. Co
128 C. H. Pearson
129 Rumsey Elect Co
130 W. U. Tel Co
131 Wetzel Mech Stoker Co
$ 160.19
148.85
36.00
1,271.27
15.00
141.08
263.00
255.00
.30
56.36
$ 2,357.05
General Fund
114 Clark & McDaniel
115 Del. Republican
116 Fooks Auto Co
117 M. A. Hartinett
118 Headley Good Roads Co
119 John C. Hopkins
120 E. I. Lane
121 W. M. Newton
122 Howard Wix
123 H. C. Taylor
124 L. Irving Jones
$ 1.90
17.85
5.50
163.55
97.87
15.00
8.00
42.56
19.50
17.50
2.80
$ 392.03
Water Fund
7 E. L. Jones & Co
$ 1,000.00
$ 1,000.00
Special Fund
6 Gen Elect Co
7 Dover Garage Co
8 W. M. Newton
$ 8,370.00
96.34
1,200.00
$ 9,666.34
$ 13,415.42
Adjournment
Council having concluded its business adjourned at 10:30 P.M.
Signed:
W. A. Green
Clerk