SPECIAL MEETING
May 23, 1955
The special meeting of City Council was held Monday, May 23, 1955, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs. Biddle, Davis, Helm, Holpp, Mundy, Petty, Tischer and Zartman.
MINUTES
Minutes of the last special meeting were accepted as read.
CITY ELECTION LAWS
Representatives Garton and Queen appeared before City Council to discuss a bill now before the State Legislature that provides for election of City Councilmen by District instead of at large as at present. City Council directed that at the City election to be held in January, 1956 a referendum of the citizens of Dover be held to determine whether the Charter of the City of Dover be amended to provide for election of Councilmen by vote of their own district only, rather than be vote at large. Following Council’s action, Representative Garton stated that the bill to amend the City Charter will be withheld pending the result of the referendum.
BIDS - POWER PLANT PIPING
Bids were received for furnishing and installing necessary piping at the Dover Power Plant in connection with the installation of the new 500 KW turbine. The results were as follows:
Charles M. Brown $44,400.00
Frank Nelson’s Sons 48,880.00
Nelson Company 54,950.00
W.K. Mitchell & Co. 72,300.00
Ben J. F. Shaw Co. 72,700.00
Dravo, Inc. 79,198.00
Award to the low bidder will await the study of bids and recommendation of Consulting Engineers, A.C. Wood Associates.
SOUTHEAST DOVER SEWER
City Manager Ward reported progress on obtaining right of way for the southeast Dover interceptor sewer, with possible agreement reached with William B. Mitten.
BUILDING INSPECTOR AND BOARD OF HEALTH REPORT
Building Inspector Thomas Baker reported on the status of condemned buildings within the City including the Shotgun Alley area, Ida McGonigle properties and others. He also reported on health inspections, including the condition of cess pools at the Kirby & Holloway and Hollywood Diner restaurants. He also reported to Council on the condition of old frame houses within the City that had been converted to apartments with no provision made for fire escapes.
FIREMEN’S SCHOOL
Council authorized payment of the cost of sending three firemen from Robbins Hose Co. to the State Firemen’s school.
SIREN
A request was received from the Robbins Hose Company to replace the siren in south Dover with one of larger size. Council directed the City Manager to get prices on the siren desired.
KENT GENERAL HOSPITAL ELECTRIC
A letter received from J. Wallace Woodford requested a lower electric rate for the Kent General Hospital. Council directed the City Manager to determine what rates were charged hospitals by other cities.
MEMORIAL DAY SERVICES
Council authorized the American Legion to conduct memorial day services on the triangle at King and State Streets. Mr. Petty will represent the City at the services and flowers will be sent.
D P & L MEETING
City Manager Ward reported that a meeting be held with representatives of Delaware Power & Light Company Wednesday afternoon, May 25, to discuss a new contract for purchase of electric current by Dover.
ZIMMERMAN LOT
Council authorized the purchase of a lot 50' x 100' on the Zimmerman farm on the south side of Lebanon Road at a price of $12.00 per front foot. The lot will be used as a substation site.
A & P PARKING
City Manager Ward reported a discussion with M. Hayes Wilson on the possibility of providing additional parking and driveway facilities for the A & P Store by making use of the old bowling alley lot on King Street and possibly the property now occupied by the Dover Police station.
DAMAGE TO TREES
Council directed the City Solicitor to prepare an amending to the City ordinance on trees to provide for a fine of from $50.00 to $100.00 for wilful damage to trees.
ADVENTIST CHURCH NURSERY
A request was received from the 7th Day Adventist Church to open a day nursery in the basement of their church on Lotus Street. The request has been duly advertised in local newspapers. No objections have been received. Council authorized the 7th Day Adventist Church to conduct a day nursery in the basement of their church during the month of June, July and August, 1955.
RESOLUTION
By unanimous vote Council passed the following Resolution:
WHEREAS, at a referendum election held in the City of Dover on March 28, 1955 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 eater system - $200,000.
and the City Council desires to issue at this time a portion of such bonds as hereinafter set forth; NOW, THEREFORE,
BE IT RESOLVED by the Council of the City of Dover, in Council met, as follows:
(1) The City of Dover shall issue its negotiable bonds of the aggregate principal amount of $700,000, 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 preambles of this resolution. Each of said bonds shall bear the designation “Public Improvement Bond, Series of 1955".
(2) Said bonds shall consist of seven hundred bonds of the denomination of $1,000 each, numbered from 1 to 700, 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.: $35,000 in each of the years 1956 to 1975, inclusive.
(3) Each of said bonds shall be dated June 15, 1955. Each of said bonds shall bear interest form its date until its maturity at a rate which shall not exceed three per centum (3%) per annum, and such interest shall be payable on December 15, 1955 and semi-annually thereafter in each June 15 and December 15. Both principal of and interest on said bonds shall be payable at the office of the Delaware Trust Company, in the City of 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.
(4) Each of said bonds shall be a coupon bond, without privilege of registration, None of said bonds shall be redeemable prior to its stated maturity, without the consent of the holder thereof. 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 said 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:
(Form of Bond)
No. No.
UNITED STATES OF AMERICA
STATE OF DELAWARE
COUNTY OF KENT
THE CITY OF DOVER
PUBLIC IMPROVEMENT BOND
SERIES OF 1955
$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 natures, at the rate of per centum ( %) per annum, payable on December 15, 1955 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 and 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 $700,000, the bonds of which are of like tenor, except as to number and maturity, and has been duly authorized and issued pursuant to and in accordance with the provisions of Chapter 158, of Volume 36 of the Laws pf Delaware, and the acts amendatory thereof. The bonds of said issue have been approved by a majority of the votes cast at a referendum election held in said City of March 28, 1955, pursuant to and in accordance with the said act.
The faith and credit of the City are hereby irrevocably pledged for the puntual payment of the principal of and interest on this bond according to its terms.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Delaware to exist, to been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by such Constitution or statutes.
IN WITNESS WHEREOF, the City has caused this bond to be expected in its name and signed by its Mayor and by its City Treasurer, and its corporate seal to be hereunto affixed, and the interest coupons hereto attached to be authenticated by the facsimile signatures of its Mayor and City Treasurer, and this bond to be dated as of June 15, 1955.
Mayor
City Treasurer
(Form of Coupon)
No. No.
THE CITY OF DOVER, a municipal corporation of the State of Delaware, will pay to the bearer of this coupon on the 15th day of December, 19** , the sum of
DOLLARS ($ )
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 1955, dated June 15, 1955, 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 May 23, 1955.
Approved:
Clerk of Council Mayor
RESOLUTION
By unanimous vote, Council adopted the following Resolution:
WHEREAS, the Mayor and Council of The City of Dover desires to make provision for the sale of the $700,000 of bonds of The City of Dover hereinafter; NOW, THEREFORE,
BE IT RESOLVED by the Mayor and Council of the City of Dover, as follows:
(1) The $700,000 of bonds dated June 15, 1955, which are to be issued pursuant to the resolution heretofore adopted by the Mayor and Council on May 23, 1955, 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
$700,000 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 JUNE 15, 1955, 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 Mr. 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 $700,000 Public Improvement Bonds, Series of 1955, payable in annual installments on June 15 in each year as follows, viz.: $35,000 in each of the years 1956 to 1975, inclusive. The bonds are dated June 15, 1955 and will be in the denomination of $1,000 each. Interest is payable on December 15, 1955 and thereafter semi-annually on June 15 and December 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, must not exceed three per centum (3%) per annum, and must be the same for all the bonds. The bonds will be awarded to the bidder offering to take the lowest rate of 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 as valorem taxes as may be necessary to apy the bonds and the interest thereon.
Each proposal must be accompanied by a certified or bank cashier’s check or checks for $14,000 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, Taylor & Washburn of New York City, will be furnished the purchaser, without cost.
Dated, May 23, 1955.
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 May 13, 1955.
Approved:
Clerk of Council Mayor
Council adjourned at 11:15 P.M.
F. Neylan
City Clerk