Delaware General Assembly

AN ACT TO REINCORPORATE THE TOWN OF CAMDEN.

1. By Petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous to the then existing corporate limits of the Town may petition the Mayor and Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe within reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein, and state the reasons for the requested annexation. The Mayor and Council may, within ninety (90) days following the filing of such petition in the Town Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. A petition not so accepted within said ninety (90) days shall be null and void. For the purposes of this section, “territory contiguous to the then existing corporate limits of the Town” shall include both real property which, though itself not contiguous to the Town’s then existing corporate limits, is contiguous to other real property which is proposed to be included in the annexation and real property which would be contiguous under §3.b.9.B.

2. By Resolution of the Mayor and Council. The Mayor and Council may, at any time, adopt a Resolution proposing the annexation of any territory contiguous to the Town. Such Resolution shall describe, with reasonable certainty, the territory proposed to be annexed and state the reasons for the proposed annexation. Upon adoption of such a Resolution, the Mayor and Council shall proceed as hereafter provided.

1. Resolution and Notice. The Mayor and Council shall adopt a Resolution notifying the property owners and the residents of both the Town and the territory proposed to be annexed, that the Town proposes to annex certain territory which adjoins its then corporate limits. The Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution setting forth the information shall be published at least once in at least two newspapers both of which shall be of general circulation in the Town and in the territory proposed to be annexed. Such publication shall appear not less than twenty-one (21) days nor more than sixty (60) days before the date set for the hearing. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

In addition to publication as herein provided, the Mayor and Council shall, not less than twenty-one (21) days nor more than sixty (60) days before the date of such hearing: (1) cause a public notice, containing the full text of the Resolution, to be posted in at least five (5) public places in the Town and in at least one (1) place, viewable to the public, in the territory proposed to be annexed; and (2) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their address as shown on the public tax records. Written notice to one (1) co-owner shall be notice to all.

2. Public Hearing. At the time, date, and place specified in the Resolution proposing annexation (or at any revised date, time, or place if duly noticed as provided in §3.b.1) the Mayor and Council shall sit to hear comments and opinion from any concerned party regarding the proposed annexation. Such public hearing shall be for the purpose of obtaining public opinion and legislative fact finding and the Mayor and Council shall not be bound, in any way, to act in response to any information or comments offered at such hearing.

3. Resolution Ordering Special Election. At any time following the public hearing, the Mayor and Council may pass a Resolution ordering a special election to be held not less than twenty-one (21) days, nor more than sixty (60) days after the date of such Resolution proposing the special election. The passage of this Resolution shall ipso facto be considered the determination of the Mayor and Council to proceed with the matter of the proposed annexation, provided, however, that if the annual municipal election is to be held within one hundred twenty (120) days of the date of the Resolution adopted by Council pursuant to this section, the election on the proposed annexation may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly.

4. Notice of Special Election. Notice of the time and place of said special election shall be published not less than twenty-one (21) days nor more than sixty (60) days before the date set for said Special Election. Notice shall be published at least once in two (2) newspapers, both of which shall be of general circulation in the Town and in the territory proposed to be annexed. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. In addition to such publication as herein provided, the Mayor and Council shall not less than twenty-one (21) days nor more than sixty (60) days before the date of such special election cause a public notice, containing the full text of the Resolution proposing such Special Election, to be posted in at least five (5) public places in the Town and in at least one (1) place, viewable to the public, in the territory proposed to be annexed.

5. Those Entitled to Vote.

A. At such special election, any person who is lawfully entitled to vote at the annual town election, if it were being held on that day, and any person who would be so entitled if the area proposed to be annexed were already included in the Town, shall be entitled to one vote. (For purposes of this section “Lawfully entitled to vote” shall include “registered to vote” if registration is required; but all persons in the area to be annexed shall be deemed to be registered if they would otherwise be entitled to vote.) In addition, each legal entity, other than a natural person, owning property in its own name, either in the Town or in the territory proposed to be annexed, shall be entitled to one vote.

B. Those provisions shall be construed so as to permit only “one person, one vote.” Where a voter is entitled to vote by virtue of both residence and ownership of property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more properties, that voter shall be entitled to only one vote.

C. Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and acknowledged power of attorney. Such Power of Attorney shall be surrendered to the Board of Special Elections which shall file same in the Office of the Town Manager. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election on behalf of the legal entity granting the power.

6. Conduct of Special Election. The Mayor and Council may cause voting machines, electronic voting system, or paper ballots to be used in the Special Election, as required by law, the form of ballot to be printed as follows:

For the proposed annexation. ______

Against the proposed annexation. ______

The Mayor shall appoint three (3) persons to act as a Board of Special Elections. One (1) of said persons so appointed shall be designated the Presiding Officer. The Board of Special Elections shall be the sole and final judges of the legality of the votes offered at such Special Election. It shall keep a true and accurate list of all natural persons and other legal entities voting. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The polling place shall be open for six (6) consecutive hours, as set by the Mayor and Council, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even through such votes are not cast until after the time for the closing of the polls.

(1) All ballots cast by those persons or other legal entities authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited in designated ballot box(es) or cast in designated voting machine(s), and all ballots cast by those persons or other legal entities who are authorized to vote as residents or property owners of the Town shall be deposited in other designated ballot box (es) or cast in other designated voting machine(s).

7. Results of Special Election.

A. In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town and from the territory proposed to be annexed must have been cast in favor of the proposed annexation.

B. In the event that the Special Election results in an unfavorable vote for annexation in either or both the Town and the territory proposed to be annexed, no part of the territory proposed to be annexed shall again be considered for annexation for a period of at least one year from the date of the Special Election.

C. If the vote in both the Town and in the territory proposed to be annexed is favorable to the proposed annexation, the Mayor and Council shall at their first meeting following the Special Election adopt a Resolution annexing the said territory and including it within the limits of the Town. Upon the adoption of said Resolution of annexation, a copy thereof, signed by the Mayor, and certified by the Town Manager, with municipal seal affixed, together with a plot of the area annexed, shall forthwith be filed for record in the Office of the Recorder of Deeds in and for Kent County, Delaware. The territory so annexed shall be considered to be a part of the Town from the moment the last mentioned Resolution is adopted by the Mayor and Council. Failure to record said Resolution, or the plot accompanying the same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus or mandatory injunction.

8. Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to §3.a.1 of this Charter, annexation proceedings are initiated by a property owner(s) holding record title to real property in territory contiguous to the then existing corporate limits of the Town, such petition may be made contingent upon an annexation agreement with the town which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the Mayor and Council approve such an agreement and votes to accept a petition under §3.a.1 of this Charter, such Annexation Agreement shall be deemed a material part of the annexation and shall be included in al subsequent steps of the annexation procedure; that is: (1) the Resolutions and notices adopted by the Mayor and Council pursuant to §3.b.l, 3.b.4, and 3.b.10 shall recite that the proposed annexation includes and is subject to an annexation agreement, shall briefly summarize its terms, and shall state that copies of the Agreement are available upon request at the Town Hall; (2) if the results of the election are favorable to the proposed annexation as provided by §3.b.7.A of this Charter, the Resolution annexing the territory (as provided by §3.b.7.C shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and the Town shall be bound to honor the provisions of such agreement unless released there from by the petitioner(s).

Provided further, that no agreement made at the time of annexation under this §3.b.8 shall extend beyond seven (7) years from the date the property is annexed into the Town; and such agreement shall be null, void, and unenforceable after the expiration of said seven (7) years.

An annexation agreement may be modified or amended by mutual agreement of the petitioner and the Mayor and Council at any time prior to the Resolution ordering the special election pursuant to §3.b.3 of this Charter, but any material modification or amendment shall be deemed to be the withdrawal of the original petition and the filing of a new petition under §3.a.1.

9. Property Owned by the State of Delaware Highways, Streets, Roads, and Alleys; Ponds, Canals, Streams, and Other Waters

A. Real property owned by the State of Delaware may be annexed into the Town without the State’s casting a vote in the Special Election, provided the state agency having control and supervision thereof does not notify the Town, in writing, of its objection to such annexation within 30 days after receiving written notice of the Resolution proposing the annexation as provided in §3.b.1.

B. Contiguity with the Town’s existing corporate limits, or with other territory which is itself contiguous within the Town’s existing corporate limits, shall not be deemed interrupted by the existence of any highway, street, road, alley, pond, canal, stream, or other body of water which passes through, or lies within the territory to be annexed.

10. Limitations. No action contesting the annexation of any territory under this Section shall be brought after the expiration of sixty (60) days from the publication of a notice in at least two (2) newspapers, both of general circulation in the Town and in the territory annexed, which notice shall contain the following information:

A. Notice that the Town has annexed such territory and a description thereof.

B. Notice that any person or other legal entity desiring to challenge such annexation must bring his/her/its action within sixty (60) days from the date of publication of such notice or forever be barred from doing so.

C. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

D. In addition to publication as herein provided, the Mayor and Council shall cause a public notice, containing the information set out in subsections A and B above (using date of “posting” for date of “publication”), to be posted in at least five public places in the Town and in at least one place, viewable to the public, in the territory proposed to be annexed.

E. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control.

b. At least eighteen (18) years of age;

c. Be non-delinquent in his/her uncontested Town taxes.

1. The aggregate amount involved is not more than Five Thousand Dollars ($5,000.00);

2. The purchase or contract is for personal or professional services;

3. The purchase or contract is for any services to be rendered by a university, college, or other educational institution;

4. The purchase or contract is for any services to be rendered by the State of Delaware or any political subdivision;

5. The purchase or contract is for property or services for which it is impracticable to obtain competition;

6. The public exigency, as determined by the Mayor and Council, will not permit the delay incident to advertising;

7. The purchase or contract is for property or services for which the Mayor and Council determine the prices received after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in open competition;

8. A pubic emergency as determined by the Mayor and Council exists.

1. The rate of tax on real estate including improvements thereon per One Hundred Dollars ($100.00) of the assessed value; and/or

2. The amount of personal or per capita tax upon each citizen of the town over the age of eighteen (18) years; and/or

3. The rate of tax upon all poles, construction, erections, wires, and appliances more particularly mentioned, or intended so to be in Section 25. a. 29 of this Charter as amended; and/or

4. The several rates to be charged for furnishing water service, sewer service, electric service, gas service, front footage assessment, trash assessment; and/or

5. The fees or rates to be charged in respect to any other authorized source of revenue sufficient in their judgment and estimation to itemize the amount to be raised from each such source determined by them to be used as aforesaid; provided, however, that sources (4) and (5) aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and that any regular or special meeting of the Town Council as the Town Council, in its own proper discretion, shall determine.

c. The budget shall contain the following information:

1. A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing year;

2. The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof;

3. The amount of the debt of the Town, together with the schedule of maturities of Bond issues;

4. An itemized statement of all other estimated expenses to be incurred in the affairs of the Town for the ensuing year;

5. A statement of the amount required for interest on the bonded debt, the amount necessary to pay any bond maturing during the year and the amount required for the “Sinking Fund” or “Sinking Funds”;

6. An estimate of the amount of money to be received from taxes, water rents, sewer service charges, front foot assessments, license fees and all other anticipated income of the Town from any source or sources whatsoever.

1. To prevent vice, drunkenness, and immorality;

2. To provide for and preserve the health, peace, safety, cleanliness, ornament, good order and public welfare of the Town and its inhabitants;

3. To prohibit all gaming and fraudulent devices;

4. To prohibit, restrain, license, or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements, and games;

5. To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shall improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, water course, park, lake, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline or portion thereof, or any new or present sidewalk, curb, or gutter or portion thereof in the Town, specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other public thoroughfare within the Town;

6. To enforce the removal of ice, snow or dirt or other foreign substance from sidewalks and gutters by owners or abutting owners;

7. To prohibit, remove or regulate the erection of any stoop, step, platform, bay window, cellar, gate, area, descent, sign, post, or any other erection or projection in, over, upon, or under any street, highway, alley, lane, water course, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline of the Town;

8. To define, prevent, abate or remove nuisances, obstructions, or any other conditions to the public safety, health or welfare;

9. To provide an ample supply of pure water for the Town and its inhabitants and to this end, acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control, and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in or about the collection, storage, purification, conveyance, or distribution or sale of water; to regulate and prescribe for what public or private purposes the water furnished by the Town may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected, and the fines or penalties, or both, for any willful or negligent injury, or damage to or interference with the water system or the equipment, property, or rights of the Town; to furnish or refuse to furnish water from the Town system to places and properties outside the Town limits; and to contract for and purchase water and distribute the same to users inside or outside the Town with the same full powers as though such water had been initially reduced to usefulness by the municipality itself.

10. To provide, acquire, construct, extend, maintain, manage, and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation, and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any willful or negligent injury or damage to, or interference with such system, plan, or facilities. To furnish or refuse to furnish sewer disposal service from the Town system to places and properties outside the Town limits. In the interest of the public’s health, to compel any and all properties in the Town to be connected to the sewer system of the town; and to contract for and purchase sewer disposal service and resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities thereof of the Town itself.

11. To provide, construct, extend, maintain, manage, and control the plan and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the Town and for lighting the streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs, docks, public buildings or other public places in the Town, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control, and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessarily proper to light the Town, and to furnish proper connections for electric current and gas to the properties of the inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the Town may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be collected and the fines or penalties, or both, for any willful or negligent injury or damage to, or interference with the electric or gas system or systems of the Town; to furnish or refuse to furnish electric current or gas from the Town’s system or systems, to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to users inside or outside the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the Town itself.

12. To fully control within the Town the drainage of all water and to that end to alter or change the course and direction of any natural water course, runs or rivulet within the Town; to regulate, maintain, clean and keep the same open, clean, and unobstructed; and to provide, construct, extend, and maintain, manage, and control a surface water drainage system and facilities for the health, sanitation and convenience for the inhabitants of the Town.

13. To provide, acquire, construct, extend, maintain, manage, and control jetties, bulkheads, embankments, flood gates, piers, or fills for the preservation of any strand or high land within the limits of the Town and contiguous thereto to the end that the same may be preserved, property protected, that the general public might enjoy the use thereof.

14. To grant franchises or licenses to any responsible person(s), firm, association or corporation for such period of time, upon such terms, restrictions, stipulations and conditions, and for such considerations as the Mayor and Council shall deem in the best interest of the municipality, to use the present and future streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs, docks and other public places of the town for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, television, railroad excepting railroads or railways engaged in Interstate Commerce, bus, taxi or other transportation, carrier or public service to the Town, unto the persons, firms or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof, and for the purpose of erecting wharfs and piers and for the purpose of vending any article or merchandise upon or from any vehicle upon any present and future street, highway, lane, alley, etc.; provided that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association, or corporation except that an exclusive license for sewer and/or water services may be granted to The Camden-Wyoming Sewer and Water Authority, a body politic existing under Chapter 14 of Title 16 of the Delaware Code.

15. To regulate and control the exercise of any license or franchise mentioned in Section 3131 of this Charter, or intended so to be;

16. To direct, regulate, and control the planting, rearing, treating and preserving of ornamental shade trees in the streets, avenues, highways, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees;

17. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces, or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter;

18. To provide for or regulate the numbering of houses and lots on the streets and the naming of streets and avenues;

19. To regulate, control or prevent the use or storage of gunpowder, fireworks, tar, pitch, resin, and all other combustible materials and use the of candles, lamps, and other lights in stores, shops, stables, and other places; to suppress, remove or resecure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fires;

20. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a Code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; to zone or district the Town and make particular provisions for particular zones or districts with regard to building or building material; and generally to exercise all powers and authorities vested in the legislative body of cities and incorporated towns by virtue of Chapter 3 of Title 22 of the Delaware Code.

21. To acquire, build, erect, and maintain a suitable place as a lock-up or jail for the Town which shall be used as a place of detention for persons convicted of violation of law or Ordinance, or for detention of persons accused of violation of law or Ordinance for a reasonable time in cases of necessity prior to hearing and trial; and to provide for the restraint, support, and employment of paupers, beggars, and vagrants; provided that any correctional institution located in Kent County may be used for any such purpose;

22. To acquire, build, erect, and maintain buildings and facilities as necessary or required for housing and equipping the offices of the Town;

23. To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, bean shooters, and any other devices for discharging missiles which may cause bodily injury or injury or harm to property; and to regulate or prevent the use of fireworks, bombs, and detonating works of all kinds;

24. To provide for the punishment of a violation of any Ordinance of the Town by fine or imprisonment, or both; not exceeding $500.00 or 60 days, or both.

25. To provide for the organization of a fire department and the control and government thereof; to establish fire limits and to do all things necessary for the prevention or extinguishment of fires; and at the discretion of the Mayor and Council to contribute, donate or give an amount unto any volunteer fire company or companies incorporated under the laws of the State of Delaware, or any volunteer fire association or associations maintaining and operating fire fighting equipment and service to the Town; provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as the Mayor and Council shall deem advisable;

26. To purchase, take, and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, license fee, tapping fee, charge growing out of the abatement of nuisances and the like, laying out and repairing sidewalks, curbs or gutters, or other charges due the Town and to sell the same;

27. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon;

28. To levy and collect a personal or per capita tax upon all persons resident within the corporate limits of the Town to be used for any and all municipal purposes;

29. To levy and collect taxes upon all telephone, telegraph, power poles, pipelines, rail lines, or other constructions or erections of a like character erected within the limits of the Town, together with the wire or other appliances thereto or thereon attached; expressly excepting all telephone, telegraph, power lines or poles, and rail lines owned or operated by any railroad or railway company engaged in Interstate Commerce for any and all purposes and to this end may at any time direct the same to be included in or added to the Town assessment. In case the owner or lessee of such construction or erection wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies provided for the collection thereof set forth in Section 29 of this Charter, the Mayor and Council shall have the authority to cause the same to be removed;

30. To license, tax, and collect fees annually for any and all municipal purposes (including the cost and expense of advertising the Town) of such various amounts as the Mayor and Council from time to time shall fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the Town; provided, however, that nothing contained herein shall be so construed as to make it mandatory upon any resident of the State to apply for a license in order to sell in the Town any farm produce or products grown upon a farm owned by the vendor or any member of his/her family with whom he/she resides;

31. The Mayor and Council may, by ordinance, establish and collect a realty transfer tax not to exceed the rate of one and one-half percent (1.5%) of the value of property in conformance with the definitions and exceptions from the realty transfer tax as contained within Chapter 54 of Title 30 of the Delaware Code.

32. To determine from which authorized source and in what proportion taxes shall be levied and used each year to raise the revenue or funds required to meet the general expenses of the Town and all funding, amortization, and interest requirements on its outstanding bonds or other indebtedness;

33. To provide for the collection of and disbursements of all moneys to which the Town may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in this Charter;

34. To borrow money in the name of the Town for any proper municipal purpose and in order to secure the payment of the same to issue bonds or other forms or kinds of certificate or certificates of indebtedness, pledging the full faith and credit of the Town or such other security or securities as the Mayor and Council shall selected for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town shall be exempt from all state, county, or municipal taxes; provided, however, that in no event shall the indebtedness of the Town for any and all purposes at any one time exceed in the aggregate twenty-five percent (25%) of the assessed value of all real estate in the Town subject to the assessment for the purpose of levying the annual tax hereinbefore mentioned;

35. To acquire, and/or vacate the use of land tenements, personalty, property, easements, rights of way, or any interest in property, either inside or outside the limits of the Town, by way of condemnation and eminent domain for any proper and lawful municipal purpose or whenever required properly to carry out, exercise, or fulfill any power conferred upon or delegated to the Town by this Charter. Proceedings by way of condemnation in any case shall be as prescribed in Chapter 61 of Title 10 of the Delaware Code.

36. To appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency;

37. To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee charge, or other amount due the Town by the performance of labor or service for the Town by any person(s) owing the same;

38. To inquire into and investigate the conduct of any officer, agent or employee of the Town or any municipal affair and for such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena;

39. To establish by Ordinance duly adopted pursuant to this Charter a Pension Plan or a Health and Welfare Plan, or both, for the employees of the Town under such terms and conditions as the Mayor and Council, in their discretion, may deem most appropriate; provided, however, that any annual appropriation which is made by the Mayor and Council under any Pension Plan or any Health and Welfare Plan, or both, shall not exceed a maximum of fifteen percent (15%) of the total annual payroll of the Town; and provided further, that the method of funding may, if deemed desirable by the Mayor and Council, be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in the State and approved by a majority of the members of the Mayor and Council;

40. To contract with any municipality, county, the State or any agency or instrumentality thereof, for cooperation in the maintenance and operation of police, trash collection or other municipal services which under this Charter the Town individually may perform and to participate in such commissions as the Mayor and Council may deem necessary to carry into effect such cooperative arrangements;

41. To make, adopt and establish all such Ordinances, regulations, rules, and by-laws not contrary to the laws of this State and the United States as the Mayor and Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the Town, the protection and preservation of persons and property, and of the public health and introduction or spread of infectious or contagious diseases or to prevent nuisances affecting the same shall apply not only within the corporate limits of the town but as well to all areas and persons outside the Town within one (1) mile from said limits.

1. Where lands taken. Whenever the Mayor and Council determine to proceed with the opening of a new street or alley, or the widening of an existing street or alley, the Town may acquire title to the lands necessary in accordance with 29 Del. C. Chapter 29 by negotiation and purchase or by condemnation in accordance with the provisions of 10 Del. C. Chapter 61, as hereafter amended or in accordance with any future corresponding provisions of law.

2. Where street or alley closed, vacated, or abandoned. Whenever the Mayor and Council determined to proceed with the closing, vacating, or abandoning of any existing street or alley, or any part thereof, no compensation shall be paid to any property owner unless such closing, vacating, or abandoning deprives a property of all reasonable vehicular access directly between any pubic street or public alley and an existing garage, carport, or improved off-street parking area located on such property such that the property owner effectively loses the use thereof for off-street parking and/or temporary storage of motor vehicles. Any property owner claiming such deprivation shall notify the Town in writing of such claim within fifteen (15) days of the Resolution adopted pursuant to §26.e. Upon receipt of such notice, the Mayor and Council shall proceed to pay compensation for such damages in the same manner as in §26.f.1.

3. Disposal of abandoned and Vacated Street Lands. Whenever the land comprehended or included in any street or alley or part thereof is vacated or abandoned under this section be owned by the Town, the Mayor and Council may, in their discretion, sell such land at public or private sale and for such consideration as the Mayor and Council shall deem proper; provided that such lands shall first be offered equally to the owners abutting on each side. The Mayor and Council shall have the right and power to convey to the purchaser or purchasers thereof, a good and sufficient title thereto for whatever estate the Town may have therein.

4. “Street” Defined. For all purposes of this §26, the word “street” shall be deemed and held to comprehend the entire right-of-way, whether or not improved, including sidewalks, curbs, lanes, alleys, roadways, streets, or other highways owned by, titled in the name of, or under the jurisdiction and control of the Town. “Street” shall not include any road, street, highway, or other public way under the jurisdiction and control of the Delaware Department of Transportation (or any successor state agency).

1. Limit on Borrowing and Aggregate Indebtedness without Voter Approval; Super-Majority Vote. Subject to the provisions of this §30.b, the Mayor and Council shall have the power to borrow money on the full faith and credit of the Town for the payment of principal thereof and interest due thereon, without approval of the voters and without regard to the provisions of §30.c of this Charter, such sum or sums not exceeding in the aggregate one million dollars, for those specific municipal purposes specified in §30.b.3, when, in the opinion of at least four (4) members of the Town Council, the needs of the Town require it; provided, however, that any new borrowings under this §30.b made after the effective date of this Act, shall, by their terms, be repayable in full within thirty (30) years of the date of each such borrowing. Any sum or sums so borrowed shall be secured by a promissory note or notes or other evidence of indebtedness of the Mayor and Council duly authorized by Resolution adopted by at least four (4) members of the Town Council and signed by the Major and attested by the Town Manager with the town seal affixed. Any sum(s) of money borrowed on the full faith and credit of the Town shall be paid from the general funds of the Town. The aggregate amount of outstanding principal from any such borrowing or borrowings under §30.a and §30.b shall at no time exceed one million dollars.

2. Procedure: Notice, Hearing. In order to proceed under the power granted in this §30.b, the Mayor and Council shall authorize such borrowing in the following manner:

A. The Mayor and Council by Resolution shall give notice to the residents and property owners of the Town that the Mayor and Council propose to borrow a sum of money, not to exceed a stated amount, for a stated municipal purpose authorized under §30.b.3. The Resolution shall state the amount of money desired to be borrowed (which may be stated as a “not to exceed” amount), the purpose for which it is desired, the manner of securing same, and such other facts relating to the loan which are deemed pertinent by the Mayor and Council and in their possession at the time of the passage of the Resolution; and shall fix a time, date, and place for a public hearing on the said Resolution.

B.1. Notice of the time, date, and place of the hearing on the Resolution authorizing said loan shall be published in two (2) newspapers of general circulation in the Town not less than fourteen (14) days, nor more than sixty (60) days, prior to the date set for the public hearing. Such notice shall be in bold print or bordered in black so as to call attention thereto. In addition to the time, date, and place of the public hearing, such notices shall contain the same information as required under §30.b.2.A above.

2. In addition to publication as herein provided, the Mayor and Council shall, not less than fourteen (14) nor more than sixty (60) days prior to the date set for the hearing, cause a public notice containing the information required above to be posted in at least five (5) public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the first publication or posting shall control.

C. If, at any time following the public hearing, the Mayor and Council determine to proceed with the proposed borrowing, it shall pass a second Resolution, by the affirmative vote of at least four (4) members of the Town Council, to proceed with the proposed borrowing.

3. Municipal Purposes for Which the Mayor and Council May Make Long-Term Borrowings Without Voter Approval. The power and authority of the Mayor and Council to incur long-term indebtedness on the full faith and credit of the Town without voter approval under §30.b shall be limited to the following:

A. Erecting, enlarging, repairing, or replacing any plant, building, structure, machinery, or equipment for the production, treatment, collection storage, supply, distribution of water, electricity, sanitary sewage, or storm waters, or any of them, and the condemning or purchasing of any lands, easements, and rights-of-way which may be required therefore.

B. Laying out, constructing, paving, widening, or extending streets, lanes, alleys, and public ways, curbs, and gutters, including storm sewers along the same, and the condemning or purchasing of lands, easements, or rights-of-way which may be required therefore.

C. Erecting, enlarging, repairing, or replacing any municipal building including, by way of example, a Town Hall, a Police Department Building, a municipal warehouse, and the condemning or purchasing of lands, easements, or rights-of-way which may be required therefore.

D. Paying all expenses deemed necessary by the Mayor and Council for the issuance of said bonds or certificates of indebtedness, including bond discount and legal expense of bond counsel.

c. Long-Term Borrowings; Voter Approval Required. In addition to other borrowing powers granted to the Town under this Charter or by special act, the Mayor and Council shall have the authority to borrow money for any proper municipal purpose through the issuance of bonds or certificates of indebtedness to secure the repayment thereof, on the full faith and credit of the Town for the payment of principal thereof and interest due thereon.

1. Proper Municipal Purpose. By way of illustration and not in limitation, “any proper municipal purpose” includes, but is not limited to:

A. Erecting, extending, enlarging, maintaining, repairing, or replacing any plant, building, structure, machinery, or equipment for the production, treatment collection, storage, supply, distribution or disposal of water, electricity, sanitary sewage, or storm waters, or any of them, and the condemning or purchasing of any lands, easements, and rights-of-way which may be required therefore.

B. Laying out, constructing, paving, widening, or extending streets, lanes, alleys, and public ways, curbs, and gutters, including storm sewers along the same, and the condemning or purchasing of lands, easements or rights-of-way which may be required therefore.

C. Erecting, enlarging, repairing, or replacing any municipal building including, by way of example, a Town Hall, a Police Department Building, a municipal warehouse, and the condemning or purchasing of lands, easements, or rights-of-way which may be required therefore.

D. Constructing, laying out, widening, extending, repairing, and maintaining boardwalks, piers, jetties, bulkheads, dams, sidewalks, crosswalks, or embankments, or any of them, and the condemning or purchasing of any lands, easements, or rights-of-way which may be required therefore.

E. Defraying the costs to the Town of any other municipal improvement provided for or authorized or implied by the provisions of this Charter.

F. Paying all expenses deemed necessary by the Mayor and Council for the issuance of said bonds or certificates of indebtedness, including bond discount and legal expenses of bond counsel.

2. Limit of Aggregate Indebtedness. In no event shall the total outstanding indebtedness of the Town, authorized by §30.a, §30.b, and §30.c at any one time exceed, in the aggregate twelve percent (12%) of the assessed valuation of all real property within the corporate limits of the Town and subject to assessment for the purpose of levying the annual town taxes as provided in this Charter.

3. Procedure: Notice, Hearing, Election. In order to proceed under the power granted in this §30.c, the Mayor and Council shall authorize such borrowing in the following manner:

A. The Mayor and Council by Resolution shall give notice to the residents and property owners of the Town that the Mayor and Council proposes to borrow a sum of money, not to exceed a stated amount, for a stated municipal purpose. The Resolution shall state the amount of money desired to be borrowed (which may be stated as a “not to exceed” amount), the purpose for which it is desired, the manner of securing same, and such other facts relating to the loan which are deemed pertinent by the Mayor and Council and in their possession at the time of the passage of the Resolution; and they shall fix a time, date, and place for a hearing on said Resolution.

B. 1. Notice of the time, date, and place of the hearing on the Resolution authorizing said loan shall be published in two (2) newspapers of general circulation in the Town not less than fourteen (14) days, nor more than sixty (60) days, prior to the date set for the public hearing. Such notice shall be in bold print or bordered in black so as to call attention thereto. In addition to the time, date, place of the public hearing such notices shall contain the same information as required under §30.c.3.A above.

2. In addition to publication as herein provided, the Mayor and Council shall, not less than fourteen (14) days, nor more than sixty (60) days prior to the date set for the hearing, cause a public notice containing the information required above to be posted in at least five (5) public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the first publication shall control.

C. If, at any time following the public hearing, the Mayor and Council determine to proceed with the proposed borrowing, it shall pass a second Resolution ordering a special election to be held, upon not less than fourteen (14) days nor more than sixty (60) days’ public notice, for the purpose of voting for or against the proposed borrowing. The passage of the second Resolution shall ipso facto be considered a determination by the Mayor and Council to proceed with the matter in issue; provided however, that the Mayor and Council may, at any time subsequent thereto, and based upon a significant change in the relevant circumstances, act by Resolution to cancel the Special Election and abandon the proposed borrowing.

D. 1. The notice of the time and place of holding the said Special Election shall be printed in two (2) newspapers of general circulation in the Town, not less than fourteen 14) days nor more than sixty (60) days before the time set out in §30.c.3.(A). Such notice shall be in bold print or bordered in black so as to call attention thereto.

2. In addition to such publication as herein provided, the Mayor and Council shall, not less than fourteen (14) days nor more than sixty (60) days before the date set for the election, cause public notice, containing the information set out in §30.c.3.D(1) above (using the date of “posting” for date of “publication”), to be posted in at least five (5) pubic places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the first publication or posting shall control.

3. At such special election, any person(s) or artificial entity(s) (e.g., partnership, corporation, limited liability company) owning record title to real property in the Town shall be entitled to cast one vote (but not more than one vote shall be cast for any one property); and any resident of the Town who does not own record title to real property in the Town who would be entitled to vote in the annual Town election if it were held on that day, shall be entitled to one vote. (For purposes of this section, “entitled to vote” shall include “registered to vote” if voter registration is required for the annual town election.)

4. Any natural person entitled to vote may cast his/her vote by a duly executed and acknowledged power of attorney. Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and acknowledged power of attorney. Such Power of Attorney shall be surrendered to the Board of Special Elections which shall file same in the Office of the Town Manager. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election on behalf of the person or legal entity granting the power.

5. Any Special Election held pursuant to the provisions of this section shall be conducted by voting machines, electronic voting systems, or printed ballots as permitted by law which shall have the following designation:

[ ]] For the proposed borrowing

[ ]] Against the proposed borrowing

The voter shall be instructed to mark the box for which he/she casts his/her vote. The Mayor, by and with the advice and consent of the majority of the Town Council shall appoint three (3) persons to act as a Board of Special Elections. The polling places shall be opened for a minimum of six (6) hours as specified by Resolution of the Mayor and Council. Persons in the polling place at the time appointed for closing of the polls shall be entitled to vote.

E. The Board of Special Elections shall be the sole and final judges of the legality of votes offered at such special election. It shall keep a true and accurate list of all persons voting. It shall count the votes for and against the proposed borrowing and shall announce the result thereof. The Board of Special Elections shall make a certificate under their hands of the number of votes cast for and against the proposed borrowing and the number of void votes and shall deliver the same to the Mayor and Council which said certificate shall be retained by the Mayor and Council with the other papers of the Town.

F. If a majority of the votes cast at such special election shall be in favor of such borrowing the Mayor and Council shall proceed with the issuance of the said bonds or certificate of indebtedness; provided, however, that the Mayor and Council may, at any time prior to entering into a binding agreement for the public or private sale of such bond(s) or evidence(s) of indebtedness, abandon the proposed borrowing.

1. Authority to Issue; Super-Majority Vote. In addition to the power of the Mayor and Council to borrow money and issue bonds or certificates of indebtedness under §30.a, §30b, and/or §30.c, the Mayor and Council shall have the power and authority (subject to the provisions of this §30.g) to borrow money and issue bonds or certificates of indebtedness, and to secure payment thereof, by pledging the revenues derived from the operation of any project for which bonds may be issued pursuant to this §30.g, without the approval of the voters and without regard to the provisions of §30.a, §30.b, and/or §30.c of this Charter when, in the opinion of at least four (4) members of the Town Council, the best interests of the Town will be served thereby; provided, however, that any borrowing under this §30.g shall not obligate the full faith and credit of the Town, but shall be payable solely from the revenues of such project which are pledged, according to the terms of the bonds or certificates of indebtedness issued for the payment thereof. Any bonds or other evidence of indebtedness issued under this §30.g shall be duly authorized by Resolution adopted by at least four (4) members of the Town Council and signed by the Mayor and attested by the Town Manager with the Town seal affixed. Any sum(s) of money borrowed pursuant to this §30.g shall be paid solely from the revenues of the project pledged for the payment thereof and not from the general revenues of the Town. The project to be funded with the proceeds of indebtedness issued under this section may be accomplished by a loan of the proceeds from the bond or certificate of indebtedness from the Town to any for-profit or not-for-profit entity.

2. Purposes. The funds derived from the sale of bonds issued pursuant to this section may be used for any or all of the following purposes, including incidental expenses incurred in connection therewith:

A. The erection, extension, enlargement, purchase, repair, or replacement of any plant, machinery, appliances, or equipment for the supply or manufacture and distribution of electricity or gas for light, heat, or power purposes; for the furnishing of water to the public; or for the furnishing of sanitary sewer collection and treatment services to the public;

B. The acquisition, construction, reconstruction, repair, alteration, improvement, extension, financing, or refinancing of any commercial, industrial, agricultural, educational, or healthcare facility, and equipment therefore, to be operated by an for-profit or not-for-profit entity;

C. The purchase of land in the planning and development, including construction, erection, or installation of buildings for an industrial complex or office park when the land or buildings or both, at the discretion of the Mayor and Council, may be sold or leased by the Town to private enterprise where such buildings are all-purpose buildings suitable for sale or rental for general manufacturing use or office use or general retail use or any combination thereof.

D. All transaction costs, redemption premium, interest during construction, and working capital for any project described in sub-sections (A) through (C) above.

E. The refunding, from time to time, of any bonds issued pursuant to the provisions of this §30.g by the issuance of new bonds, whether the bonds to be refunded have or have not matured, or be subject to redemption, and the Mayor and Council may issue new bonds (pursuant to this §30.g) in sufficient amounts to provide:

(i) The principal amount of the obligations being refunded;

(ii) Any applicable redemption premiums thereon;

(iii) unpaid interest on such obligations to the date of delivery of the refunding bonds and interest to accrue on such obligations being refunded from the date of delivery of the refunding bonds to the first of any subsequently available redemption date or dates selected by the Mayor and Council; and

(iv) Any expenses, including bond discount, deemed by the Mayor and Council to be necessary for the issuance of the refunding bonds.

3. Procedures: Notice, Hearing. In order to proceed under the power granted in this §30.g, the Mayor and Council shall authorize such borrowing in the following manner:

A. The Mayor and Council by Resolution shall give notice to the residents and property owners of the Town that the Mayor and Council propose to borrow a sum of money, not to exceed a stated amount, for a stated project pursuant to this section. The Resolution shall state the amount of money desired to be borrowed (which may be stated as a “not to exceed” amount), the purpose for which it is desired, the manner of securing same, the fact that the full faith and credit of the Town is not pledged as security, and such other facts relating to the loan which are deemed pertinent by the Mayor and Council and in their possession at the time of the passage of the Resolution; and they shall fix a time, date, and place for a hearing of said Resolution.

B. 1. Notice of the time, date, and place of the hearing on the Resolution authorizing said loan shall be published in two (2) newspapers of general circulation in the Town not less than fourteen (14) days, nor more than sixty (60) days, prior to the date set for the pubic hearing. Such notice shall be in bold print or bordered in black so as to call attention thereto. In addition to the time, date, and place of the public hearing such notices shall contain the same information as required under §30.g.3.A above.

2. In addition to publication as herein provided, the Mayor and Council shall, not less than fourteen (14) days nor more than sixty (60) days prior to the date set for the hearing, cause a public notice containing the information required above to be posted in at least five (5) public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the first publication or posting shall control.

C. If, at any time following the public hearing, the Mayor and Council determine to proceed with the proposed borrowing, it shall pass a second Resolution, by the affirmative vote of at least four (4) members of the Town Council, to proceed with the proposed borrowing.

4. Disclaimer. The issuance of bonds or other certificates of indebtedness pursuant to this §30.g shall not constitute a debt of the Town nor a pledge of its credit or taxing power and such bonds or certificates of indebtedness shall contain on the face thereof a statement to the following effect:

“Neither the faith and credit nor the taxing power of The Town of Camden is pledged to the payment of the principal of, premium, if any, or interest on the Bond (Certificate of Indebtedness), nor is The Town of Camden in any manner obligated to make any appropriation for payment thereof.”

5. Provisions of Resolution May be Part of Contract. Any Resolution or Resolutions authorizing any bonds or certificates of indebtedness under this §30.g may contain provisions which shall be part of a contract with the holders of the bonds thereby authorized as to any matter relating to the repayment of the bonds or certificates of indebtedness, the security therefore, the operation of the project, and any other matter or course of conduct that affects the foregoing.

6. No Limit on Amount; Not Counted towards Town’s Maximum Indebtedness. There shall be no limitation on the amount of bonds to be issued pursuant to this §30.g and the indebtedness created by any bonds or certificates of indebtedness created by the Town pursuant to this §30.g shall not be used in computing the maximum indebtedness which may be created by the Mayor and Council under §30.a, §30.b, or §30.c; nor shall the Town be required to levy taxes to pay the principal of or interest on any indebtedness created by this §30.g.

7. Disposition of Property Acquired Through Revenue Bonds; Application of Proceeds. At its discretion, the Mayor and Council may dispose of any real property and any personal property acquired by the issuance of bonds or certificates of indebtedness issued pursuant to this §30.g to a private individual, firm, or corporation at public or private sale, for cash or on credit, and under such other terms and conditions as the Mayor and Council may deem to be in the best interest of the Town without regard to any other provision of this Charter; provided that the revenue received from any such disposition shall be used to retire any outstanding bonds or certificates of indebtedness under this §30.g , but if none be outstanding, the revenue derived from such disposition may be used for any municipal purpose.

1. That the Mayor and Council has determined to borrow a certain sum of money and to issue bonds or certificate of indebtedness therefore;

2. That the proposal has been approved (as appropriate) by the Mayor and a majority of the Town Council (if the borrowing has proceeded under §30.a), by a super-majority of the Town Council (if the borrowing has proceeded under §30.b or §30.g), or by a majority of those casting votes at a special election in the Town called for the purpose of voting for or against the borrowing (if the borrowing has proceeded under §30.c);

3. The amount of money to be borrowed, which may be stated as a “not-to-exceed” amount;

4. The purpose for which it is to be borrowed;

5. The security for such borrowing;

6. That any person desiring to challenge the authorization of such bond(s) or certificate(s) of indebtedness must bring his/her action within sixty (60) days from the date of publication of such notice or forever be barred from doing so;

7. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. In addition to publication as herein provided, the Mayor and Council shall cause a public notice, containing the information set out in subsections 1. though 6. above (using date of “posting” for date of “publication”) to be posted in at least five (5) public places in the Town. In the event the publications and/or postings do not appear on the same date, the date of the first publication or posting shall control.

Approved July 17, 2007