Milford chronicle., 1953-12-25
City Council Decides
To Go To Court
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\ Continued from first page)
: Vice Chancellor. Bramhall in Court
of Chancery last Tuesday after
noon. At an earlier and drawn-Out
meeting Monday night, Council
considered its first test case under
the City ZOning Ordinance that
became effective here last Spring.
In the discussion leading up to
decision on the bond issue, Mayor
and members of Council carefully
weighed all possible courses of &C
ton. Consideration was not only
given to the possibility of fighting
the court action, but also to the
possibility of joint meetings of City
Council and the Citizens Commit
tee, and to the possibility of setting
up still another sewage disposal
plant bond issue referendum. At
the end of the discussion period,
Councilman James r. West, of the
Second Ward, presented a motion
to the effect that the present liti-
cation be carried to conclusion;
Councilman James H. Humes, also
of the Second Ward, seconded Dr.
Vests motion. On the vote on the
West motion, Councilman Humes,
West and J. Heyman Rosa voted
in the affirmative; COuncilmen Will
liam X. KentOn, Richard Wilson
and J. Clayton Kirby voted in the
negative, and the seventh men,
Der of council present, Chester COT
fin, abstained. Mayor Evans then
broke the tie by voting in favor of
the motion.
The Council action gave authori-
ty to City Solicitor Henry ].
Ridgely, of Dover, TO prepare affi-
daVits and briefs and present same
in the Court of Chancery accord
ing to a schedule agreed upon in
the session held at Georgetown be-
fore Vice Chancellor Bramhall a
week ago, Tuesday. Under the
schedule set up by the vice chan
cellOT, the petitioners, in this in
stance, the Citizens Committee, will
present affidavits on Dec oath, and
the city will present rebuttal affi-
daVits on Dec. 30th. Briefs and
other sworn testimony will be pre-
scented by both sides at various
predetermined January dates. and
the Chancellor will render his de-
cisiOn on the morning of Feb. 5th.
The temporary restraining order,
now in effect, was granted on the
contention by former Councilman
Albert Peterman that the city's
failure to state interest rate in its
resolution setting up proposed sale
OF bonds served to make illegal ac-
ceptance of bids on the bonds. City
Council, in turn, contends that in
asmuch as the bonds were to be
awarded to the lowest bidder and
state law provides that 6 percent
is the maximum legal interest rate, |
no mention of interest was neces- !
sary in the preparation and presen-
tatiOn of a resolution Offering sale
of bonds.
The resolution in question pro-
posed that bonds in amount of
$4,000 be issued and sold with /
proceeds from such sale to be .
used to rehabilitate and enlarge I
the present Sewage Disposal Plant. |
Everyone seems agreed that some
thing must be done to improve the /
PAOoOhS SCWa6C ulSpOSdI SITUATION,
but City Council and the Citizens
Committee do not agree as to how
much shall be expended for i'm
provements and how funds for
such work shall be raised.
In other action Monday night.
City Council denied a petition for
amendment to ZOning Ordinance
that would have provided relief
for Mrs. Davis R. Grier, who had
unintentiOnally violated provision
of the ordinance by having built
a porch that extended to within
Az feet of an adjoining property
line. A public hearing was also
set for January 18th on the petition
OF former Mayor VanNuis Wilker-
son that a tract, owned by Mr..
Wllkerson, be reclassified rom /
RI Restricted residentiaD to CO
Oimitpd cOmmarcian