Evening journal., 1908-11-28
CITY SOLICITOR
DISAPPROVES
Says Water Commissioners
Have No Right to Order
Filter Built Now

City Solicitor Townsend this after
noon practically refused to approve
the plans Of the Board of Water Com
missioners for the construction Of
filtration plant at a cost of s25I5Oo,
for the reason set forth that he did not
believe that the actual and anticipated
revenues Of the department were sufi-
cient TO pay the contract price, and
that the commissioners have no right
to make such contracts until Council
shall issue bonds to pay for it. Mr..
Townsend's letter is:
November 2S, 1908.
Board Of Water Commissioners. Will
mington, Delaware.
Gentlemen: have your letter of
November %, in which is set forth the
resolution of your board requesting me
to draft Q) a suitable resolution for
the acceptance Of the proposal of Cole
man Brothers, of Boston, to construct
a filtration plant for the city Of Will
mington at their bid Of $257500. and
CD a form of contract for the con-
struction of said work
have given all the time possible to
the preparation Of these papers and
feel quite certain that l cannot COM
ply with your request by Monday
though / expect to spend all of Sunday
on this work.
Messrs. Ford and Shaw Of your
board will recall that more than two
years ago l stated at a meeting of your
board that would not approve con-
tracts in cases where the actual and
anticipated revenues of your depart
ment were insufficient to pay the con-
tract price. and that Is one OF the mat
ters ] am now examining.
Tn this instance. the board must dc.
pend on revenue from anticipated bond
issues. The only bonding acts which
can be made applicable are set forth
in CHAPTERS III and 179, Volume 2i'
Delawase Laws.
CHAPTER III at Section IA provides
that the Council. for municipal pur-
poses. may borrow money inclusive ot
the present bonded debt. so that the
amount SO borrowed shall not exceed
ten per centum Of the assessed value Of
real estate Of said city.
Chapter l79 authorizes the borrowing
of 100000 for the purpose of paying Off
any floating Indebtedness and current
liability in connection with the water
works system of the city Of Whining.
ton and for defraying the cost Of ac-
curing real estate and water rights
and for the completion. construction,
erection and equipment Of new reser
voirs. filter plants. pumping stations.
pumping engines. pines. mains and
/ other aDpurtenances necessary for the
| completion and operation Of the reser-
voir and filtration plants in connection
with the extension Of the water supply
system Of the city of Wilmington. and
/ that the Council. it it shall deem It
/ advisable. may sell and dispose OF said
bonds.
I am of opinion that until Council
acts. the Board of Water Commission
ers has no right. whatever. TO make
any contracts. anticipating that the
amount of such contracts shall be paid
out of the proceeds OF the sale of the
bonds under the last mentioned act. II
the Water Department has such tight
then. following out the same principle
either the Water Department The street
and Sewe- Department, the Park Com
mission or the Council can obligatc the
CITY in addition to the present bonded
debt .up to the amount equal 70 ten
per cent Of the assessed value Of all OF
the real estate in the city Of Whining
ion. under the first mentioned authority
to issue bonds.
In his instance however. the Coun-
ell has acted. and previous TO May. 1907
it passed an ordinance for the issuance
col Of
passage Of this ordinance, 7 am Of Tho
opinion that the Water Department had
a right to rely on the proceeds Of tn,
! sale of such bonds in making a con
tract.
A difficulty has arisen IN This regard
however. IN that the Legislative acf
authorizing the sale of these bonds
made specific provision that all of sucl
bonds should bear the same date $40.
600 Of these bonds were sold under Sat'
of Nav I. 1907. and were signed b.
Horace Wilson as mayor. Benjamin 7
Spence as citv auditor and Charles "
Blaine as city treasurer
Since that time. the terms Of oiiic'
Of such officers have expired, and
Horace Wilson has been re-clectet
mayor. c. Sherburne Rice has beer
elected city auditor 70 succeed Ben
iamn L. Spence and Howard D. Ros
has been elected city treasurer to sue
ceed Charles II. Blaine.
$4,000 water bonds have been SOLE
within the past month but they wer
sold under a new ordinance. and wha
effect this new ordinance has on tn
old one am not prepared TO say with
out further consideration.
. Whether other attorneys for possi
bic purchaser would be likely to ap
prove these bonds issued under exist
! ing ordinance or further ordinanc
that might be passed. I am unable Z
say. as I have not had sufficient tim
to look thoroughly into this question
and I cannot see my way clear L
r frame the resolution or draft the con
/, tract until I am satisfied that TN
I bonds can be sold. for the reason thd
I II such contract would be held to b
I valid, and the money to pay IN
e amount Of the same could not be ha
n from the proceeds Of the bond sale, IN
: tax rate would have to be increased 1
). an amount sufficient 20 cover the con
e tract price. or a special tax would D
q required to be levied and collccte
$ against all real estate In the city g
2 Wilmington TO cover such contrat
e price plus the cost Of making sue
o special levy and collection. There an