SPECIAL MEETING
July 22, 1957
The special meeting of City Council was held Monday, July 22, 1957, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Hayes, Holpp, Mundy, Tischer, Turner and Zartman.
Rev. Leonard Taylor opened the meeting with prayer for Divine guidance.
MINUTES
Minutes of the regular meeting were accepted as read.
REPORT
Report of the Fire Recorder for June was accepted as read.
RESOLUTION
On motion of Mr. Holpp, seconded by Mr. Davis, Council by unanimous vote adopted the following Resolution:
WHEREAS, at a referendum election held in the City of Dover on March 28, 1957, a majority of the qualified voters of said City voted for the issue of bonds of The City of Dover of the aggregate principal amount of $1,150,000 to finance the following purposes:
1. Construction, extension, and improvement of streets - $250,000
2. Construction, improvement, enlargement, and extension of sanitary sewers - $225,000
3. Construction, improvement, enlargement, and extension of storm sewers - $50,000
4. Construction, enlargement, and improvement of electric generating plant - $350,000
5. Construction, improvement, and extension of electric transmission lines - $75,000
6. Construction, enlargement, improvement, and extension of water system - $200,000.
and the City Council desires to issue at this time a portion of such bonds as hereinafter set forth; NOW, THEREFORE,
(1) The City of Dover shall issue its negotiable bonds of the aggregate principal amount of $450,000 pursuant to Section 50 of Chapter 158 of Volume 36 of the Laws of Delaware, as amended by Chapter 318 of Volume 49 of the Laws of Delaware, in order to finance the purposes described in the preamble of this resolution. Each of said bonds shall bear the designation :Public Improvement Bond, Series of 1957.”
(2) Said bonds shall consist of four hundred fifty bonds of the denomination of $1,000 each, numbered from 1 to 450, inclusive, in the order of their maturity, and shall constitute an issue of bonds payable in annual installments on June 15 in each year as follows, viz: $15,000 in each of the years 1958 to 1961, inclusive, $20,000 in each of the years 1962 to 1963, inclusive, $25,000 in each of the years 1964 to 1970, inclusive, and $35,000 in each of the years 1971 to 1975, inclusive.
(3) Each of said bonds shall be dated September 15, 1957. Each of said bonds shall bear interest from its date until its maturity, and such interest shall be payable on June 15, 1958, and thereafter semi-annually on June 15 and December 15 in each year. Both principal of and interest on said bonds shall be payable at the office of the Delaware Trust Company, States of America which at the time of payment is legal tender for the payment of public and private debts.
(4) Each of said bonds shall be a coupon bond, without privilege of registration. Each of said bonds shall be signed by the Mayor of the City of Dover, and by the Treasurer of said City and shall be sealed with the corporate seal of the City. Each of the interest coupons representing the interest payable on any of said bonds shall bear the facsimile signature of the Mayor and Treasurer of said City.
(5) The bonds, and the interest coupons representing the interest payable thereon, shall be in substantially the following form:
No. No. UNITED STATES OF AMERICA
STATE OF DELAWARE
COUNTY OF KENT
THE CITY OF DOVER
PUBLIC IMPROVEMENT BOND
SERIES OF 1957
$1,000 $1,000
THE CITY OF DOVER (hereinafter referred to as “City”), a municipal corporation of the State of Delaware, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond, on June 15, 19**, the principal sum of
ONE THOUSAND DOLLARS ($1,000)
and to pay interest on such sum from the date of this bond until it matures, at the rate of per centum ( %) per annum, payable on June 15, 1958 and thereafter semi-annually on June 15 and December 15 upon presentation and surrender, as they severally mature, of the interest coupons therefor annexed hereto. Both principal of an interest on this bond are payable at the office of the Delaware Trust Company, in Dover, Delaware, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.
This bond is one of an authorized issue, the aggregate principal amount of which is $450,000, the bonds of which are of like tenor, except as to number and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158 of Volume 36 of the Laws of Delaware, and the acts amendatory thereof. The bonds of said issue have been approved by a majority of the votes cast at a referendum election held in said City of March 28, 1955, pursuant to and in accordance with said act.
The faith and credit of the City are hereby irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Delaware to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by such Constitution or statutes.
IN WITNESS WHEREOF, the City has caused this bond to be executed in its name and signed by its Mayor and by its City Treasurer, and its corporate seal to be hereunto affixed, and the interest coupons hereto attached to be authenticated by the facsimile signature of its Mayor and City Treasurer, and the bond to be dated as of September 15, 1957.
Mayor
City Treasurer
(Form of Coupon)
No. No.
THE CITY OF DOVER, a municipal corporation of the State of Delaware, will pay to the bearer of this coupon of the 15th day of June, 19 ,
December
the sum of
DOLLARS($ )
at the office of the Delaware Trust Company, in Dover, Delaware, in any coin or currency of the United States of America, which is then legal tender for the payment of public and private debts, being the interest then due on its Public Improvement Bond, Series of 1957, dated September 15, 1957, No. .
Mayor
City Treasurer
(6) The Mayor and City Treasurer are hereby authorized and directed to cause said bonds to be prepared and to execute said bonds in accordance with their terms.
Adopted July 22, 1957.
Approved:
Clerk of Council Mayor
On motion of Mr. Holpp, seconded by Mr. Turner, Council by unanimous vote adopted the following resolution:
WHEREAS the Mayor and Council of the City of Dover desire to make provision for the sale of the $450,000 of bonds of The City of Dover hereinafter described; NOW, THEREFORE,
BE IT RESOLVED by the Mayor and Council of the City of Dover, as follows:
(1) The $450,000 of bonds dated September 15, 1957, which are to be issued pursuant to the resolution heretofore adopted by the Mayor and Council on July 22, 1957, and which are described in the Notice of Sale hereinafter set forth, shall be sold at public sale pursuant to and in accordance with the following Notice of Sale:
NOTICE OF SALE
THE CITY OF DOVER, DELAWARE
$450,000 BONDS
The City of Dover (herein referred to as “City”), a municipal corporation of the State of Delaware, will receive sealed proposals for the purchase of the bonds of the City hereinafter described. Such proposals will be received until 7:30 o’clock P.M. (Eastern Daylight Saving Time) on August 12, 1957, at which time all proposals received will be publicly opened and considered by the Mayor and Council of the City at a meeting to be held at such time at the City Hall, in the City of Dover, Delaware. Each proposal submitted should be addressed to F. P. Neylan, City Clerk, City Hall, Dover, Delaware, and should be enclosed in a sealed envelope marked “Proposal for Bonds”.
The bonds constitute an issue of $450,000 Public Improvement Bonds, Series of 1957, payable in annual installments on June 15 in each year as follows, viz: $15,000 in each of the years 1958 to 1961, inclusive, $20,000 in each of the years 1962 to 1963, inclusive, $25,000 in each of the years 1964 to 1970, inclusive, and $35,000 in each of the years 1971 to 1975, inclusive. The bonds are dated September 15, 1957 and will be in the denomination of $1,000 each. Interest is payable on June 15, 1958 and thereafter semi-annually on December 15 and June 15. The bonds are coupon bonds, without privilege of registration, and are payable at the Delaware Trust Company, in Dover, Delaware.
No proposal for less than all of the bonds will be considered. Bidders are invited to name the rate of interest which the bonds are to bear. The rate must be a multiple of one-eighth of one per centum, and must be the same for all the bonds. The bonds will be awarded to the bidder offering to take them at the lowest rate of interest, at a price of not less than par and accrued interest. As between bidders naming the same rate of interest, the amount of premium will determine the award.
The faith and credit of the City are pledged to the payment of the bonds. The City is authorized and required to levy on all property taxable by the City such ad valorem as may be necessary to pay the bonds and the interest thereon.
Each proposal must be accompanied by a certified bank cashier’s check or checks for $9,000 drawn upon an incorporated bank or trust company and payable to the order of the City, to secure the City against any loss resulting from a failure of the bidder to comply with the terms of his proposal. The check or checks of the bidder whose proposal is accepted will be deposited by the City and credited on the purchase price. The proceeds of the check or checks will be retained by the City as liquidated damages in case the bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned upon the award of the bonds. The right to reject any or all of the proposals is hereby reserved.
The approving opinion of Messrs. Reed, Hoyt & Washburn, of New York City, will be furnished the purchaser without cost.
Dated, July 22, 1957.
F. P. Neylan
City Clerk
(2) The City Clerk is hereby directed to publish said notice of sale in the Delaware State News and in the Dover Index, newspapers published in the City of Dover, and in the Bond Buyer, a financial newspaper published in the City and State of New York, such publication, in each case, to be made not less than ten days prior to the date set for the receipt of sealed proposals.
Adopted July 22, 1957.
Approved:
Clerk of Council Mayor
WATER BILL
Chief Turner discussed the water bill for the police station which is paid by Holy Cross Church. Council agreed that the amount billed should not exceed that charged on the former flat rate.
POLICE DARK ROOM
On motion of Mr. Tischer, seconded by Mr. Mundy, Council authorized purchase of an air conditioning unit for the Police dark room at a cost not to exceed $210, including installation. At least three bids will be invited on the unit.
FIRE COMPANY PARKING
On motion of Mr. Davis, seconded by Mr. Turner, the City Solicitor was directed to prepare an ordinance prohibiting parking on Reed Street between Governors Avenue and Bradford Street. Signs will be erected stating parking for volunteer firemen only. Parking also will be forbidden for a distance of 60' on the north side of Reed Street west of Governors Avenue.
REFRIGERATOR TRUCKS
Chief Turner discussed control of the nuisance caused by trucks carrying perishable cargoes allowing cooling motors to run for long periods of time while they are parked.
TRAFFIC ORDINANCE
The City Solicitor was directed to prepare an ordinance putting traffic regulations into effect beginning September 1, 1957 which would make State Street one way north between Water and Division Streets, Governors Avenue one way south between Division Street and Water Street, Loockerman Street one way west between Division Street and Governors Avenue and would ban parking on portions of North Street. The plan will be tried for 60 days. It has the tentative approval of the Mercantile Section of he Chamber of Commerce.
OLIVER STREET
Ruth Weston requested that the name of Oliver Street be changed to Weston Terrace or Weston Place. It is located north of Division Street and west of the Railroad. On motion of Mr. Tischer, seconded by Mr. Mundy, Council authorized changing the name of Oliver Street to Weston Place.
SMALL CLAIMS
City Manager Ward has received three invoices for claims against City sewer and electric line damage. On motion of Mr. Turner, seconded by Mr. Davis, Council directed that the policy of the City would be to forward such claims to our insurance agent who would satisfy such claims for which the City was considered liable.
PARKING LOT LIGHTS
City Manager Ward has received a request from the Parking Authority to install flood lights on the parking lot east of City Hall. The Parking Authority itself is considering the installation of more elaborate permanent lighting when funds are available. On motion of Mr. Davis, seconded by Mr. Tischer, Council authorized the installation of eight light on the Parking lot.
DP&L METER STATION AGREEMENT
An agreement between DP&L and the City was referred to the City Solicitor for study and modification. It relates to the liability of the City when using a metering station owned by DP&L.
RESERVE CENTER BUILDING PERMIT
An Army Reserve Center is to be erected on New Street between Mary and Cecil at an estimated cost of $239,000. The Army does not consider itself obliged to pay for a building permit. On motion of Mr. Davis, seconded by Mr. Tischer, Council directed that there should be no deviation form its building permit fees and directed that a bill should be rendered.
COURT STREET ELECTRIC LINE
Mr. Ward outlined to Council a plan whereby the overhead electric lines crossing Court Street at eh St. Jones River would be relocated and run through conduit beneath the road itself. The State will agree to pay for the underground installation with maintenance and replacement to be done by the City. On motion of Mr. Davis, seconded by Mr. Turner, Council authorized completing such an agreement.
WYOMING AVENUE STORM SEWER
Mr. Ward described a plan for the installation of storm sewer in Wyoming Avenue west of Governors Avenue which would provide storm drainage for City area north of Wyoming Avenue, as well as for areas outside City limits. The State will design and install the storm sewer of adequate size if the City will agree to pay 50% of the cost. On motion of Mr. Holpp, seconded by Mr. Davis, Council authorized such an agreement.
RODNEY VILLAGE SEWER
Council discussed the sewer requirements of Rodney Village and other areas of Dover and the possible effect on Dover’s sewer system. Dover Builders request temporary relief for its immediate needs at Rodney Village, which eventually must be solved by the installation of a pumping station. Council realized the need for an overall survey of sewer requirements. On motion of Mr. Turner, seconded by Mr. Davis, Council directed that a meeting be arranged with Albright & Friel consultants to discuss the problem.
Council adjourned at 11:40 P.M.
F. Neylan
City Clerk