SPECIAL MEETING
December 14, 1967
A special meeting of City Council was held Thursday, December 14, 1967 at 9:00 A.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Hughes, Jackson and Smith. Councilman Holpp was absent.
HOUSE BILL #350
City Manager Neylan presented to Council a copy of the House Bill No. 350 at its Council Meeting of December 11, 1967. Council took objection to this bill because it would be repaid by general taxation, primarily. Council at that meeting adopted the following resolution.
RESOLUTION PERTAINING TO HOUSE BILL NUMBER 350
WHEREAS, House Bill 350 would authorize the Levy Court of Kent County to borrow up to $5,000,000 to construct and install a Kent County water or sewer system, and directs that the interest and principal on amounts borrowed be repaid from general taxation; and
WHEREAS, The City of Dover, as well as other municipalities, in Kent County, have already constructed and installed water and sewer systems and are paying for such systems in the regular course or municipal operations
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
THAT the Mayor and Council of the City of Dover, Delaware are unanimously opposed to the passage and approval of House Bill No. 350 which would impose upon the residents and property owners of Dover, a burden of taxation to pay for a County Water and Sewer System despite the fact that Dover has already constructed and installed a Water and Sewer System.
Adopted December 11, 1967
AMENDMENT TO HOUSE BILL NO. 350
Mr. Roy Shiels, Attorney for the Levy Court of Kent County, was present at this meeting and presented to the Council an amendment to House Bill No. 350. This amendment had been brought about by the resolution that the Council had passed and given to the Legislature, which in turn asked the Levy Court to meet with the Council and they would defer any action on the bill until such time. The amendment strikes from the original bill the provision of providing a water system and limits the borrowing power of the Levy Court to construction of a sanitary sewer system only. It also amends the section pertaining to the repayment of the interest and principal by general taxation, and provides for payment form revenues derived from the sanitary sewer system. In the event these revenues are not sufficient, the Levy Court may repay these obligation through general taxation.
Mr. Shiels stated that although $5,000,000 was asked in this bill, only a small portion might be needed to finance this operation if an area or district that is to be set up does not vote favorably to the construction of sewer lines on their area. The Levy Court would like to have this legislation passed, so they may proceed with the setting up of sewer districts throughout the County to determine how much will be needed in Bonds to cover the construction and operation of a Sewer System. Councilman Harris stated that he felt that this could be done prior to passage of the bill, and at the same time would give the City and County more time to work on the details involved with the City’s participation in the system, if they so care to join with the County. Mr. Shiels further stated that he was of the opinion that this must be presented to the Legislature during its present session, or it would not be presented again until early 1969. Next year, the only thing that can be acted upon by the Legislature is state-wide bills, and this pertains to Kent County only.
After much discussion by the Council, Councilman Hastings stated that he felt that due to the lack of communication between the County and the City in the past, they should start over and attempt to come up with an adequate and formidable plan on a sewer system and treatment facilities to handle both Dover and Kent County. Expansion of the present facilities in Dover are needed and a sewer system is definitely needed in the County, and Mr. Hastings thought maybe the Engineering Firm retained by both the City and Kent County could get together and start anew.
Mayor Carroll then stated that the main purpose of this meeting was the County would like the City of Dover to withdraw its resolution objecting to the House Bill No. 350, being the amendment was put in eliminating the water system, and deriving the revenue from the user. On motion of Mr. Smith, seconded by Mr. Hayes, Council by a vote of 5 ‘yes’, 2 ‘no’, Messrs Hughes and Jackson, and 1 ‘absent’, Mr. Holpp, declined to withdraw the resolution as requested by the Levy Court of Kent County.
Council adjourned at 10:40 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of December 14, 1967 are hereby approved.
December 14, 1967 Crawford J. Carroll Mayor