Delaware General Assembly

CHAPTER 201

FORMERLY

SENATE BILL NO. 196

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

WHEREAS, The Town of Milton became a municipality upon the passage of its Charter by the General Assembly in 1945, appearing as Chapter 194, Volume 45 Laws of Delaware; and

WHEREAS, the Charter has been amended from time to time and it is deemed desirable that it be consolidated into one complete Act and in certain respects amended and revised.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Incorporation

The inhabitants of the Town of Milton within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic incorporated in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature whatsoever by the corporate name of "The Town of Milton”, named after John Milton, the English educator, poet, philosopher, and proponent of public education democracy, and human rights.

Section 2. Territorial Limits

The present boundaries and limits of The Town of Milton, as set forth in the revised Town map dated January 22, 2008, are hereby established and declared to be, as follows:

BEGINNING at a point on the Southwest prong of Paynter's Mill pond; thence South 64 - 1/2 degrees East 2,892 feet; thence North 60 - 1/4 degrees East 139 feet to the run of Round Pole Branch; thence down the same to Broadkill Creek; thence up the same to Sand Haul; thence North 15 degrees West to Atlantic Avenue; thence with Atlantic Avenue eastward to the County Road; thence with the same Northerly to Bay Avenue; thence with Bay Avenue Westerly to the old Town limits; thence with the same North 15 degrees West to the public road leading to Delaware Bay; thence with the same in a westerly direction to the Western limits of the present Town; thence South 14 degrees East 3,951 feet to a point on the Northwest prong of the Mill Pond, aforesaid; thence with the same to the place of beginning.

The Council of Milton may, at any time hereafter, cause a survey and plot to be made of the said boundaries and may cause suitable markers to be installed at corners of offset, and the said plot, when made and approved by the Council, may be recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware, and the same, or the record thereof, or a duly certified copy of said record shall be evidence in all courts of law and equity in the State.

Section 3 Annexation of Territory

In the event it becomes feasible, or necessary in the future, for The Town of Milton to enlarge its then existing limits and territory, such annexations accomplished pursuant to the following procedures shall be lawful:

(a) Each and every property owner of the territory contiguous to the then existing corporate limits and territory of the Town of Milton, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they own property.

(b) The Petition shall include a description of the territory requested to be annexed, a current survey, and the reasons for the requested annexation. If the petition or annexation agreement is requiring a higher density than an R-1 a conceptual site plan, is required. Further, the applicant shall notify all residents within 200 feet at the applicant’s expense, and provide copies of the notification to the Town.

(c) The Town having verified the notifications, the Mayor of Milton shall appoint three (3) members of the Town Council to investigate the possibility of annexation and report back to the Town Council in no more than one-hundred twenty (120) days, unless evidence is presented that indicates misinformation or possible criminal intent.  In that case the Milton Town Council may extend the reporting time for a fixed period to fully investigate the allegation(s). Prior to beginning work on the report, the members appointed to review the petition will have been voted upon and approved by a majority of the Town Council.

(d) To finalize each of the Mayor’s appointments to the Council’s review committee, each appointed Council member must first disclose to the State Public Integrity Commission or Town of Milton Integrity Commission, if such Commission exists within the Town, in writing, any real or potential conflicts of interest that might affect his/her own objective consideration of the petition request, including items that might suggest, or provide the appearance of, impropriety in their serving on the review committee for an annexation petition.  This requirement is to include conflicts, or potential conflicts as to the property, the property owners, financial or associated business interests, or any other official action or activity, involving the property.  This information will be in addition to filling out an Ethics Form, established by Council.  Such conflicts or appearances of conflict shall not automatically disqualify Council members from serving on the committee, but must be fully disclosed, in writing, for the consideration of the State Public Integrity Commission or Town of Milton Integrity Commission, if such Commission exists within the Town.

(e) Upon the majority vote of the Town Council approving each appointee to the committee by simple majority, the new committee is to begin work immediately to prepare a written report of its findings within one-hundred twenty (120) days, unless this period is extended for due cause.

(f) The assessment by the three-member committee will consider the positive and negative impacts on the capacities and qualities of Milton’s town systems and services, the impact on Milton taxpayers, and other elements, as determined necessary by the Mayor and Council in consultation with the Town Manager (Town Administrator) of the Town of Milton. By a 2/3rds vote approval by the Mayor and Council of the majority present, the Council will also determine if a cost/benefit analysis is to be prepared so as to further identify the advantages and disadvantages to the Town of Milton with regard to the annexation. The three members committee of the Council may utilize the Town staff of Milton to conduct its one-hundred twenty (120) day investigation as to the annexation advantages and disadvantages.  The report will include a listing of the advantages and disadvantages of the annexation petition.  Before, or at the end of the one-hundred twenty (120) day period, the Council committee will report back to the full Town Council, and include the committee’s conclusions as to the advantages and disadvantages to the Town of the annexation petition, the interest of the Town of Milton being the sole concern of the three member committee. All meetings of the committee shall be in public with notice required by FOIA act.

(g) Upon receipt of the report, the Town Council will vote to accept the report, reject the report, and/or refer it back to the three person committee to accommodate new information. If referred back to the three member committee, the report must be resubmitted back to the Town Council by the three-member committee at its next regularly scheduled meeting and a vote must then be taken. If referred back to the committee, the Town Council must first vote to extend the due date of the report from one-hundred twenty (120) days to the next regularly scheduled meeting.  If the report to the Mayor and Council on the annexation determines that the proposed annexation is advantageous to the Town of Milton, the Mayor and Council will vote first to accept the report, and then vote to refer the petition to the Planning and Zoning Commission at the Commission’s next meeting.  Referral requires a simple majority of the Council. The zoning classifications requested by the petitioner shall be reviewed by the Planning and Zoning Commission. Following recommendations on the petition’s zoning(s) made by the Planning and Zoning Commission to the Milton Town Council, and voted on by the Town Council as part of the annexation agreement, the agreed upon zoning(s) are considered fixed, and can only be changed further as provided by the ordinances.

(h) In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous to the Town, the applicant(s) for annexation must wait 365 days from the date of presentation to the Town Council by the three member committee before again petitioning the Town Council of Milton.  Each and all the procedures pertaining to an annexation procedure, as provided, are again applicable and must be repeated.

(i) Upon receipt of the Council’s referral of the annexation petition to the Planning and Zoning Commission, said Commission will address the annexation request at its next regularly scheduled meeting to review the petition and site plan (if required), and discuss the assignment of zoning classifications. Not more than sixty (60) days the Planning and Zoning Commission will make its recommendation on zoning classification[s] and transmit that recommendation(s) and their comments on the site plan, in writing, back to the Town Council.

(j) At its next meeting, following the Town Council’s receipt of Planning and Zoning’s commentary on the site plan and recommendation(s) for the zoning classifications, the Town Council will schedule a public hearing on the annexation petition, such hearing to be held not more than thirty (30) days after its next scheduled meeting.  Following the public hearing, the Town Council shall, within thirty (30) days exercise one of the following options (1) take a final vote on whether or not to approve the annexation request, in which case the vote to annex must pass by the affirmative vote of two-thirds (2/3) of all the members of the Town Council; or (2) vote by simple majority, to hold a Milton town wide referendum on the annexation petition. The Mayor and Town Council reserve the right to add conditions to the terms of annexation, by simple majority vote, prior to their final vote on the annexation petition. If the Town Council votes to accept the annexation petition, implementation of this decision must wait thirty (30) days, during which the citizenry of Milton have up to thirty (30) days to file a petition with the Town Clerk requesting that a referendum be held on the Town Council’s decision to annex. This petition must include over 10% of Milton’s eligible voters able to vote in a referendum, and the referendum must be held forty-five (45) days following the filing of the petition for referendum with the Milton Town Clerk.

(k) If a referendum on a petition for annexation is to be held, the Town Council shall instruct the Town of Milton to schedule a special public referendum on the annexation petition.  If the Town Council votes in favor of a referendum, the Town Council will order that a public referendum vote be scheduled no later than forty-five (45) days thereafter, and that a Resolution for annexation must be passed by a majority vote of the Town citizens who voted, and results of the referendum vote will be binding.

(l) At this and all Special Referendum(s), every property owner, whether an individual, partnership, or a corporation, in The Town of Milton shall have one (1) vote. Every citizen of The Town of Milton over the age of eighteen (18) years who is not a property owner shall have one (1) vote. Property owners whose property is exempt from taxation, or is not assessed for taxation shall not be entitled to vote. The books and records of The Town of Milton in the case of property owners, and a copy of the required personal identification in the case of citizens of the Town, shall be conclusive evidence of the right of such property owners and citizens to vote at the Special referendum. The town Board of Election shall supervise any special referendums held under this provision.

(m) The notice of the time and place of the said Special Referendum shall be printed, within fifteen (15) days immediately following the vote or petition to hold a referendum, in at least three (3) newspapers having a general circulation in the Town of Milton, and posted in four (4) public places, including the Town bulletin board and posted on the Town of Milton website, at least fifteen (15) days prior to the date set for the said Special Referendum.

(n) Following the thirty (30) day hold period to accommodate the filing of a petition, if no petition is filed, and if a favorable vote for annexation shall have been cast, the Town Council of The Town of Milton shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, but in no event shall said recordation be completed more than one-hundred twenty (120) days following the date of the favorable Town Council vote or in the case of a Special Referendum no more than one-hundred twenty (120) days after said Special Referendum. The territory considered for annexation shall be considered to be a part of The Town of Milton from the time of recordation. The failure to record the description or the plot within the specified time will cause the annexation petition to be tabled.  Failure to achieve recordation in the one-hundred twenty (120) day period requires the Milton Town Council to vote again on the annexation petition, whether or not the Town Council, or citizens of Milton in a referendum, have voted on the annexation petition.  (This provision is to allow accommodation of an investigation of allegations of misrepresentation and/or fraud presented to the Milton Town Council in the intervening one-hundred twenty (120) day interim period. This provision shall not be construed to require double recording of documents at the Office of Recorder of Deeds, in and for Sussex County.)

(o) All territories proposed to be annexed including those territories exempt from taxation, or which is not assessed on the books on the Board of Assessment of Sussex County, shall also be required to follow all the processes and procedures required for annexations to the Town of Milton, the Town Council of the Town of Milton and the Milton Planning and Zoning Commission must proceed in the same manner as required of any annexation petition.

Section 4. Structure of Government

The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in the Mayor and the Town Council. The term of the Mayor of the Town of Milton shall be for a period of three (3) years, commencing at the Annual Meeting following his/her election and continuing until a successor is duly elected and qualified. The Town Council shall be composed of six (6) members, each of whose terms shall be for a period of three (3) years, commencing at the Annual Meeting of the Town Council following their election and continuing until each successor is duly elected and qualified.

Section 5. Qualification for the Mayor and Town Council

The qualifications for the Mayor and each Town Council member at the time of this election shall be as follows:

(a) A citizen of the United States of America, and a primary legal resident of the Town of Milton for the period of at least one year preceding the next Annual Municipal Election; and

(b) At least twenty-one (21) years of age on or before the date of the election; minimum age for Mayor twenty-one (21) years of age; and

(c) Each of the qualifications for Mayor and for Town Council  shall be continuing qualifications to hold office, and the failure of the Mayor or any of the Town Council members to have any of the qualifications required by this Section during his/her term of office shall create a vacancy in the office; and

(d) If any Town Council member is found guilty of any felony, he/she shall forthwith be disqualified to act as such officer and he/she shall, ipso facto vacate his/her elected office; and

(e) Non-delinquent in taxes, utilities, or any debt to the Town; and

(f) Has not been convicted of a felony;

Section 6. Method of Making Nominations for Town Council Member

At a minimum, Title 15 Delaware Code must be followed in the following section where applicable. However, some items listed here may exceed that requirement, which is permissible. Each candidate for Town Council shall be nominated as follows:

(a) Each candidate shall notify the Town Clerk in writing of his/her candidacy for the office of Town Council.  At that time the candidate shall fill out and file with the Secretary or his/her designee of the Town Council, the Ethics Form in Appendix C of this Charter. Candidate must also file a Certificate of Intention or a Statement of Organization no later than seven (7) days after declaring his/her candidacy.

(b) All such notifications of candidacy and the completed Ethics Form along with the Certificate of Intention or a Statement of Organization must be filed with the Secretary of the Town Council during the regular business hours of the Town sixty (60) days prior to the election. Thereupon it shall be the duty of the Secretary to have a list of names of all candidates so filed with him/her printed in three (3) newspapers of general circulation in the Town of Milton at least twenty (20) days prior to the date of the said Annual Municipal Election next ensuing along with posting in at least four (4) public places in the Town and on the Milton Town website.

(c) In the event that the Secretary is unable to act because of illness, absence, or any other reason whatsoever, the names of all candidates shall be filed with the Vice-Mayor of the Town or his/her designee who shall thereupon perform the duties required of the Secretary in Subsection (b) of this Section.

Section 7. Manner of Holding Annual Municipal Election

At a minimum, Title 15 Delaware Code must be followed in the following section where applicable. However, some items listed here may exceed that requirement, which is permissible.The procedure for holding the Annual Municipal Election for Mayor and Town Council members shall be as follows:

(a) The Annual Municipal Election shall be held at a place designated by the Town Council within the corporate limits of The Town of Milton on the first Saturday in March of each and every year from 8:00 a.m. (eight o’clock a.m.), prevailing time, until 6:00 p.m. (six o’clock p.m.) in the evening, prevailing time.

(b) The Town Clerk shall make arrangements for voting machines to be placed in the polling place prior to the time set forth in this Charter for the beginning of the Annual Municipal Election.

(c) When the Milton town elections were first established the first three years were as follows:

(d) Thereafter, at each Annual Municipal Election there shall be elected two (2) Council members who shall serve for a term of three (3) years, or until their successors have been duly elected and qualified, except at the Annual Municipal Election in the year in which the Mayor is to be elected for a term of three (3) years or until a successor is duly elected and qualified. The Mayor and all Council members will be elected at large.

(e) The Mayor and members of the Town Council of Milton who hold office at the time of passage of this Act shall continue to hold office as Mayor and as members of the Town Council of The Town of Milton until their respective successors have been duly elected and qualified.

(f) The Annual Municipal Election shall be conducted by the Board of Elections consisting of an Inspector, and four (4) Judges all of whom are to be appointed by the Mayor of The Town of Milton (who shall also appoint one (1) alternate inspector and three (3) alternate judges) with the concurrence of a majority of the members of the Town Council, no later than the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Elections shall determine who is and who is not lawfully entitled to vote at the Annual Municipal Election, and take steps to see that the law pertaining to the Annual Municipal Election receives compliance and shall count the votes and certify the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, the alternates shall serve in their stead. The alternates will take no part nor have any authority unless others are not present. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall not be lawful for the qualified voters present at the polling place at the time of holding said Annual Municipal Election to elect from among their own number a person to fill each vacancy in such the Board of Elections caused by the absence of any member of the Board of Elections. The Board of Elections shall keep a list of all persons who voted at such Annual Municipal Election.

(g) Candidates shall remain fifty (50) feet from all entrances of the polling place except when casting their own vote; when the candidate has cast their vote they must immediately exit the polling place.

(h) For challenges and challengers the town will follow procedures outlined in Title 15 Del. C. § 7558 (d).

(i) Eligibility to register as a voter in the Town of Milton, the applicant must be and prove:

A legal primary resident of the Town of Milton for 60 days; and

At least 18 years of age by Election Day; and not convicted of a felony; Registered by the close of business thirty (30) days prior to the election date in order to vote in that years election.

When registering to vote the voter must show two forms of identification, one being a current State of Delaware driver’s license or ID card (they can be obtained from the Delaware Department of Motor vehicles), along with:

A uniformed service ID card; or

Another current photo ID issued by the State of Delaware; U. S. Government; the voter’s employer, high school or higher education institution; or

A current utility bill, bank statement, credit card statement, a paycheck or pay advice, or another type of bill or statement; or

A lease or sales agreement; or

Any other documentation that a person can reasonably and commonly accept as proof of identity and address.

If voting in person on Election Day, one must provide a current State of Delaware driver’s license or ID card. The only exception is personal recognition by a majority of the Election Officers in the polling place, which can attest to a voter’s identity and address.

(k) All votes offered at the Annual Municipal Election shall be offered in person or by absentee vote submitted in accordance with rules and procedures governing absentee ballots as set forth by Title 15 Del. Code.

(l) In the event that no person files for an office for which an election is to be held within the time set forth in Section 6 of this Charter, the incumbent shall be deemed to be reelected for a full term and it shall not be necessary to have an election.

(m) In the event that only one person files for an office for which an election is to be held within the time set forth in Section 6 of this Charter, the person who files shall be deemed to be elected for a full term and it shall not be necessary to have election.

(n) If fewer persons file for the Office of Council member than there are positions to be filled at any Annual Municipal Election and all such person who file are members of the Town Council, the persons who file and those members of Council who did not file and whose terms expire shall be deemed to be elected for a full term and it shall not be necessary to have an election. If fewer persons file for the position of Council member than there are positions to be filled at any Annual Municipal Election and any such person is not a Council member, such person shall be deemed to be elected and it shall not be necessary to have an election and any member of Council whose term expired and who did not file shall be deemed to have vacated his/her office which shall be filled by the remaining members of Council for the full term.

(o) In the event of a tie vote for any office, a Special Election shall be held within thirty (30) days following the Annual Municipal Election pursuant to a resolution approved by the Town Council. At such Special Election, all persons who were eligible to vote in the Annual Municipal Election for Mayor and Town Council shall be eligible to vote in the Special Election.  However, no person shall be permitted to register and vote if such person was not registered to vote in the Annual Municipal election. In the event that a regular Town Council meeting has been held and the election was held after the meeting a special meeting must be called.

(p) For results, recounts, and contests the town will follow procedures outlined in Title 15 Del. C. §7559.

Section 8. Organization and Annual Meeting of Council

Section 9. Regular and Special Meetings

(a) The Town Council of the Town of Milton shall hold at least one (1) Meeting in each month on the first Monday of the month. If the first Monday of the month shall be a legal holiday or Council deems they are unable to meet the requirements for the first Monday of the month, the monthly meeting of the Town Council of the Town of Milton shall be held on the following Monday of the month. Special meetings shall be called by the Secretary upon the written request of the Mayor of the Town of Milton stating the day, hour, and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the Town Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary shall be deposited in the town mailboxes and each council member will be notified via phone call and email by the Town Clerk or his/her designee. In addition, notice of the meeting shall be placed in the place of public notices in the Town bulletin board and posted on the Milton Town website.  A second regular meeting of the Town Council may be held in the same month, scheduled on an ‘as needed’ basis, and notification procedures shall be the same as those for a special meeting.

(b) The Mayor shall be paid seventy-five dollars ($75.00) for each regular meeting attended by him/her and shall be paid thirty dollars ($30.00) for each special meeting attended by him/her. Each member of the Town Council shall be paid forty dollars ($40.00) for each regular meeting attended by him/her and twenty dollars ($20.00) for each special meeting attended by him/her. The Mayor and the members of the Town Council shall receive no other compensation for their services but shall receive an allowance for every mile necessarily driven in his or her private automobile, such allowance to be paid at the same rate as that assessed by the Federal rate for the serving of papers, and shall be reimbursed for expenses necessarily incurred while on the business of the Town, provided a voucher for such expenses is delivered to the Town Treasurer.

Section 10. Quorum

A majority of the Mayor and all the members to the Town Council shall constitute a quorum at any regular or special meeting. If there is no quorum present, Council must adjourn, but may re-convene if a quorum is present. The Town Council may compel the attendance of absent members in such manner and under such penalties as may be prescribed by Ordinance.

Section 11. Rules and Minutes of Council

The Council shall generally follow Roberts Rules of Order, determine its agenda, and shall keep a journal of its proceedings, and the yeas and nays taken in a roll call vote shall be taken upon the passage of every ordinance and resolution, and shall be entered in the journal with the text of the ordinance or resolution. However, at the discretion of the Mayor, Roberts Rules of Order may be suspended. In addition the Town Solicitor or his/her designee shall serve as Parliamentarian during Milton Town Meetings. Furthermore, Roberts Rules of Order shall prevail during meetings of Milton’s Town Boards and Commissions and the Solicitor or his/her designee shall serve as Parliamentarian.

Section. 12. Vacancies

If any vacancy shall occur in the office of Mayor or Council member by death, resignation, loss of residence in The Town of Milton, refusal to serve, or otherwise, the office shall be filled by a majority vote of the remaining members of the Town Council.  The person or persons so chosen to fill such vacancy shall be qualified only after completing the Ethics Form in Appendix C of this Charter, and it being reviewed by the Mayor and Council members as in the case of newly elected members, and shall hold office for until the end of fixed term of the Council Member they were appointed to replace. Any person appointed to a vacancy must meet the requirements as stated in Section 5.

Section 13. Disqualifications

If the Mayor or any Council member, during his/her term of office, shall be sentenced for a felony or shall for any reason cease to be a resident of The Town of Milton, he/she shall forthwith be disqualified to act as Mayor, or as a member of Council and his/her office shall be deemed vacant and shall be filled by the Town Council, as aforesaid.

Section 14. Contracts

(a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Fifty Thousand Dollars ($50,000.00) for materials, supplies, services, work or labor, for the benefit and use of the Town of Milton with the Mayor or any member of the Town Council, or with any partnership in which the Mayor or any member of the Town Council is a General Partner, or with any corporation in which the Mayor or any member of the Town Council is a Director or controlling stockholder, or with any firm or company in which the Mayor or any member of the Town Council is pecuniary interested.  A disclosure form is required to be on file in Town Hall for each elected and/or appointed official and kept up-to-date and current at all times by such incumbents. These forms shall be examined with reference to a bid or contract, to assure full disclosure and compliance with best ethical practice and standards. This procedure is to reveal actual or implied potential conflicts of interest.  Once this examination is completed and all Town Council members are apprised of any actual or implied potential conflicts of interest, if the members of the Town Council shall vote to enter into such contract, then the Town may enter into such contract.  Any such contract executed without such unanimous vote shall be absolutely null and void.

(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the contract awarded to the lowest responsible bidder who submits a responsive bid; provided however, that competitive bidding shall not be required in any of the following circumstances:

If, at the completion of a competitive bidding process for the purchase or contracting of property or services, the Town Council determines that the prices received after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in open competition, the Town Council shall announce this finding at its next Town Council meeting, and vote as to whether to open a new bidding process.

Section 15. Duties of the Mayor and President of Council

(a) The Mayor shall be the Chair of the Town Council and shall preside at all meetings thereof, and shall vote on all matters brought before the Town Council for a vote. He/she shall appoint all committees; receive complaints of nuisances, and other complaints of citizens concerning violations of law and ordinances. He/she shall present a report of complaints and nuisances and violations of law and ordinances to the Town Council at the first regular meeting after receiving such complaints.

(b)Members appointed to Boards and Commissions of the Town of Milton, including the Board of Adjustment and the Town’s Planning and Zoning Commission, are appointed by the Mayor, with the advice and consent of the Council, but only after completing the Ethics Form in Appendix C and reviewed by the Mayor and members of the Town Council for a three (3) year, fixed term of service.  Members of these Boards and Commissions must be legally registered voters in the Town of Milton and have their legal primary residence within the town limits in the Town of Milton.  If a sitting Board or Commission member changes his/her primary legal residence to a location outside of the Town limits, he/she will become ineligible to serve and will be deemed to have resigned from the Board or Commission. To avoid any appearance of a conflict of interest, Board and Commission members are required to recuse themselves from participating in discussion relating to a matter in which they might have a personal interest.  As the number serving on such Boards and Commissions is fixed at a minimum of five and a maximum of nine, new appointees may be added to a Board or Commission up to the maximum number, with the same fixed term of three (3) years from the date of appointment.  The Mayor shall appoint to all Boards and Commissions a replacement to fill such vacancy at the next regular Town Council Meeting.

(c) The Mayor may, with the advice and consent of a majority of the Town Council, for the proper administration of the Town of Milton, create committees and/or appoint any and all persons to such committees. The appointed members of such committees shall serve at the pleasure of Mayor and Council.  In addition to committees, the Mayor and Council may create, and appoint members to: Ad Hoc Committees, working groups, and other such entities so as to engage Milton citizens in the work of administrating and serving the Town.  Members of committees, ad hoc committees, working groups and other such entities shall not be required to have their primary residence within the town limits of the Town of Milton. 

In the case of any appointment to committees, ad hoc committees, working groups and other such entities, each person being considered for such an appointment must first complete the Ethics Form, Appendix C and be reviewed by the Mayor and members of the Town Council prior to the appointment. The Mayor, with the advice and consent of the Town Council may replace any and all appointees to any such created entities, and/or add individuals to such bodies.  However, it is required that those being replaced on any such entity, receive a letter from the Council thanking them for their service, and notifying them of the date upon which their services are no longer required by the Town.  That letter is to be received prior to the date stipulated as the final day of service.  The Mayor and Council shall have the right to set sunset dates for any such committees or other entities, and/or to assign completion dates for the work of any such committees or other entities. 

(d) It shall be the duty of the Vice-Mayor, in the absence of the Mayor, to preside at all meetings of the Town Council and to perform such other duties and to have such other powers of the Mayor as are prescribed by the Charter of The Town of Milton or by any Ordinance of the Town Council.

Section 16. Secretary

(a) The Secretary of the Town Council shall have charge and custody of books, journals, records, papers and other effects of the Town and shall keep and maintain the same in a safe and secure place at the Town Office. He/she shall keep a full and complete record of all the transactions of The Town of Milton as may be prescribed by this Charter or by Ordinance or rules of the Town Council of The Town of Milton. He/she shall file and keep in a safe at the Town Office the seal of The Town of Milton and all papers and documents arising out of the proceedings of the Town Council of The Town of Milton relative to the affairs of the Town. He/she shall deliver the same to his/her successor in office. He/she shall attest the seal of The Town of Milton when authorized by the Town Council and shall perform such other duties and have such other powers as may be prescribed by Ordinance.

(b) All books, records and journals of The Town of Milton in the custody of the Secretary or his/her designee may, in the presence of the Mayor, Secretary, Assistant Secretary or any member of the Town Council of The Town of Milton, Town Manager, or Town Clerk be inspected by anyone desiring legitimate information at any time, or times, as may be convenient and will not interfere with the regular routine of business of the Town.

(c) All books, records, papers and documents in the custody of the Secretary shall be open for inspection by members of the Town Council of Milton.

(d) The duties and powers of the Secretary, as herein before prescribed, shall devolve upon the Assistant Secretary in the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such other powers as may be prescribed by resolution of the Town Council of the Town of Milton and he/she shall receive no compensation.

Section 17. Treasurer

(a) The Treasurer of the Town Council shall have oversight responsibility as the official custodian of all the funds of the Town. He/she or their designees shall deposit, or cause to be deposited within one business day of receipt, such funds in such banking institutions prescribed by the Town Council. The Treasurer or his/her designee shall pay out no money except by check or warrant countersigned by two (2) authorized signers and authorized by the Town Council.

(b) The Treasurer shall assure that the Town Manager keeps a true, accurate and detailed account of all monies received and of all monies paid out by him/her. The Town Manager shall receive copies of all vouchers for monies paid out by him/her, and his/her books and accounts shall, at all times, be opened to inspection to any member of the Town Council. He/she shall make such financial reports at such times as the Town Council shall direct.

(c) The Treasurer or his/her designee shall assure that a monthly report of the financial condition of the Town, showing receipts and expenditures, shall be submitted to the Town Council and such report shall be opened to inspection by any resident of the Town. The Treasurer shall make an affidavit to his/her belief in the truth and correctness of such monthly report.

(d) The Treasurer or his/her designee shall file with the Town of Milton a bond with corporate surety approved by the Town Council in the sum not less than Two hundred and Fifty Thousand Dollars ( $250,000.00), the premium for said bond to be paid by the Town Council. (The Town of Milton shall pay the premium for such a bond to be in effect, and to include, all elected or appointed officials and Town employees who have responsibilities for financial matters and/or who handle Town monies.)  The bond shall be conditioned upon the faithful performance by the Treasurer of his/her duties of office and the restoration to the Town in case of his/her death, resignation or removal from office of all books, papers, vouchers, funds, and other property of whatever kind in his/her possession belonging to the Town of Milton.

(e) The Treasurer of the Town Council shall perform such other duties relative to finances as the Town Council may from time to time prescribe or require.

(f) The duties and powers of the Treasurer as hereinbefore prescribed shall devolve upon the Assistant Treasurer in the absence or inability of the Treasurer. The Assistant Treasurer shall likewise perform such other duties and have such other powers as may be prescribed by resolution of the Town Council of The Town of Milton and he/she shall receive no compensation.

Section 18. Town Manager

(a) The Town Council of the Town of Milton shall hire a Town Manager (who shall also or alternatively hold the title of Town Administrator) who shall have such duties as described by the Town Charter. Further, the Town Council may contract with the Town Manager for a fixed term contract they shall find appropriate, which may be renewed by simple majority vote of the Town Council.

(b) The Town Council of the Town of Milton shall impose qualifications for the Town Manager as may be deemed necessary;  however,  no person holding the office of Mayor or Town Council member shall hold the position of  Town Manager during his/her term of office.

(c) The Town Manager shall hold office for the fixed period of time stated in his/her contract, if one exists as approved by a simple majority vote of the Mayor and Town Council.  If no contract exists the Town Manager shall be considered an “at will employee” and serve at the discretion of the Mayor and Town Council.

(d) In the case of absence or disability of the Town Manager, the Town Council may designate a qualified person who may be awarded a short term contract to perform the duties of such office during his or her absence or disability.

(e) The compensation which the Town Manager shall receive for the performance of his or her duties shall be determined by the terms of his/her contract or shall be fixed by the Town Council of the Town of Milton as approved by a simple majority vote of the Mayor and Town Council.

(f) The Town Manager shall be responsible to the Mayor and Town Council of the Town of Milton for the proper administration of the affairs of the Town placed in his/her charge.  It is the intention of this Charter that, in the performance of his/her duties, and in the exercise of his/her powers, the Town Manager shall not be influenced by any matters whatsoever of a political or fractional nature. It is the intention of this Charter that the Town Manager shall be guided solely by the best and most appropriate interests of the Town and its taxpayers, and to achieve efficiencies in the administration of the affairs of the Town placed in his/her charge. Except for purpose of inquiry, the Town Council shall deal with that portion of the administrative service for which the Town Manager is responsible, solely through the Town Manager.

(g) It shall be the duty of the Town Manager to supervise the administration of the affairs of the Town under his/her charge and to make such reports to the Town Council as are required by the Town Council. He/she shall make such recommendations to the Town Council concerning the affairs of the Town as may seem to him/her desirable. He/she shall keep the Treasurer and the Town Council advised of the financial condition and future needs of the Town. He/she shall render to the Town Council, at the regular monthly meeting of each and every month a true, accurate and detailed account of all the monies collected or received by him/her or his/her staff in the performance of their duties and shall provide this report to the Treasurer of the Town Council.

(h) The Town Manager shall have all of the authority and responsibility enumerated in this Charter.

(i) In addition, the Town Manager's responsibilities shall include:

Section 19. Town Clerk

(a) The Town Manager of The Town of Milton shall hire a Town Clerk who shall have such duties as shall be prescribed by the Town Manager. Further, the Town Council may contract with the Town Clerk for a fixed term contract they shall find appropriate, which may be renewed by simple majority vote of the Town Council.

(b) The Town Council of The Town of Milton shall impose such qualifications for Town Clerk as may be deemed necessary; however no person holding the office of Mayor or Town Council member shall be chosen to be the Town Clerk during his/her term of office as Mayor or Council member.

(c) In case of the absence or disability of the Town Clerk, the Town Manager may designate some qualified person who may not be an elected official of the Town of Milton.

(d) The compensation which The Town Clerk shall receive for the performance of his/her duties shall be fixed by the Town Manager of the Town of Milton in consultation with the Town Council.

(e) The Town Clerk shall be responsible to the Town Manager for the proper administration of the affairs of the Town placed in his/her charge by the Town Manager.

(f) It is the intention of this Charter that, in the performance of his/her duties, and in the exercise of his/her powers, the Town Clerk shall not be influenced by any matters whatsoever of a political or fractional nature. It is the intention of this Charter that the Town Clerk shall be guided solely by the matters and requirements of the Town Manager, in service to the town taxpayers and to achieve efficiency in the administration of the affairs of the Town placed in his/her charge. Except for purpose of inquiry, the Town Council shall deal with that portion of the administrative service for which the Town Clerk is responsible through the Town Manager.

(g) It shall be the duty of the Town Clerk to supervise the administration of the affairs of the Town under his/her charge and to prepare such reports to the Town Council as are required by the Town Council and/or Town Manager.  He/she shall make such recommendations to the Town Manager concerning the affairs of the Town as may seem to him/her desirable. He/she shall keep the Town Manager advised of these matters, and of the financial condition and future needs of the Town.

(h) The Town Clerk and such other officers of the Town, as may be designated by vote of the Town Council, shall be entitled to seats in the meetings of the Town Council, but shall not vote therein.

Section 20. Town Solicitor

The Mayor of The Town of Milton with the advice and consent of a majority of the members of the Town Council shall select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of the Town Council of The Town of Milton either with or without due cause stated. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware, with offices in Sussex County. It shall be his/her duty to give legal advice to the Town Council and other officers of the Town, as well as serve as Parliamentarian for the Town Council and all Boards and Commissions, and to perform other legal services as may be required of him/her by the Town Council, and/or the Town Manager.

Section 21. Board of Health

(a) The Board of Health shall consist of no less than four (4) or more than six (6) members. The Board shall be appointed by the Mayor of The Town of Milton with the advice and consent of a majority of the members of the Town Council, at the Annual Meeting, following the annual Town election of Council members, as herein before provided, and shall serve for three (3) years or until their successors are duly appointed and qualified. Members of the Board of Health must have their primary residence -- or in the case of a medical or scientific professional, the site of their professional practice – within the town limits of the Town of Milton. The Board of Health shall have cognizance of and interest in the life and health of the people of the Town, including oversight of air, water and land quality, and shall inform the Mayor, Town Manager, and Town Council of necessary measures to be taken to protect public health.  The Board shall report to the Town Council quarterly, in writing, on whatever is deemed by the Board to be potentially injurious to the health of the people of the Town, and shall make recommendations to the Town Council concerning whatever actions the Town should take to contribute to the health of the citizens and the sanitation of The Town of Milton. The Board of Health shall organize the election of a Chair and a Secretary from within Board membership within ten (10) days after notice of their appointment and shall keep a record of their proceedings and acts. The Chair shall be the executive officer of the Board. 

(b) The Board of Health shall make recommendations to the Town Council regarding the adoption of ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infectious or contagious diseases or nuisances, or to mitigate against environmental contamination.  Such ordinances adopted by the Town Council shall extend to an area outside the Town limits for a distance of one (1) mile.

Section 22. Police Force

(a) The Town Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of the police force. The police force shall preserve peace and order and shall compel obedience within the Town limits to the Ordinances of the Town and the laws of the State of Delaware. The police force shall have such other duties as the Town Council shall, from time to time, prescribe. The Chief of Police and the members of the police force shall be subject to the direction of the Mayor (or in his/her absence, the Vice Mayor) acting on behalf of the Town Council.

(b) Each member of the police force shall have police powers similar to those of state police officers, and shall be conservators of the peace throughout The Town of Milton, and they shall suppress all acts of violence and enforce all laws relating to the safety of persons and property. In the case of a pursuit of an offender, the power and authority of the police force shall extend outside the territorial limitations of the Town of Milton.  They shall compel the enforcement of all ordinances enacted by the Mayor and Town Council and all criminal and motor vehicle laws enacted by the State of Delaware.

(c) Every person sentenced to imprisonment by a Justice of the Peace, as the case may be, shall be delivered by a member of the police force to the correctional institution located in Sussex County to be there imprisoned for the term of his/her sentence.

(d) In case of an arrest, the person arrested may be taken before the nearest available Justice of the Peace with offices in Sussex County, who shall hear and determine the charge.

(e) It shall be the duty of the police force to suppress riotous disorderly conduct in the streets of the Town, or the noisy conduct of any person in the same, and if a police officer witnesses such conduct or witnesses the violation of any Ordinance of the Town relating to peace and good order thereof, he/she shall have the right and power to arrest without warrant.  Nothing in this section, however, shall be construed to allow the violation of any person’s First Amendment rights under the United States Constitution.

Section 23. Annual Audit

At the Annual Meeting, as hereinbefore provided, the Mayor, with the advice and consent of a majority of the members of the Town Council shall retain the services of a Delaware licensed Certified Public Accountant or Accounting Firm to examine the financial statements and accounts of The Town of Milton. The selected accountant or accounting firm shall have the duty to audit the accounts of the Town and all of its officers whose duty involves the collection, custody and payment of monies to the Town. The auditor shall, on or before the expiration of ninety (90) days from the end of the fiscal year, annually make and deliver to the Town Council’s Treasurer and Town Manager a detailed report of any and all accounts, records, and books by him/her examined and audited, and such report under his/her hand and seal, or the Executive Summary of its findings, shall be published in three (3) newspapers having a general circulation in the Town of Milton, in the issue immediately following the presentation of the Annual Audit report to the Mayor and Town Council.  The auditor, in the performance of his/her duties, shall have access to all records and accounts of the offices of the Town Council and he/she is hereby authorized and empowered to employ such clerks as in his/her judgment may be necessary in the proper performance of his/her duties.

Section 24. Town Assessor

(a) The Town Assessor shall be hired and managed by the Town Manager with the advice and consent of a majority of the members of the Town Council for a one (1) year fixed term contract with the right of annual renewal, such contract to include terms of compensation.

(b) He/she shall be sworn or affirmed by the Mayor of the Town of Milton or by a Notary Public to perform his/her duties with fidelity and without favor. It shall be his/her duty to make a fair and impartial assessment of property subject to taxation situated within the corporate limits of the Town and to perform such other duties and reference thereto as shall be prescribed from time to time by the Town Council of The Town of Milton.

(c) In making such assessment, the rules and exemptions now applicable by law to the making of the assessment for Sussex County of persons and property shall be applicable insofar as consistent with the provisions of this Charter. The Town Assessor may adopt, as the annual assessment for Town of Milton, the assessment for real estate and improvements located thereon as compiled by the Board of Assessments of Sussex County.

Section 25. Assessment of Taxes

(a) The Town Assessor shall, within one hundred twenty (120) days prior to the beginning of the next fiscal year, make a just, true and impartial annual valuation or assessment of all real estate and improvements located thereon located within The Town of Milton. A full town assessment shall be completed every ten (10) years. All real estate shall be described with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he/she or they both be known. If the owner, or owners, of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown".   A mistake in the name of the owner, or owners, or a wrong name or an assessment to "Owner Unknown", shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided, however, the assessment shall specify the last owner or owners of record, as it appears from the records in the Office of the Recorder of Deeds, in and for Sussex County.

(b) The Town Assessor, after making such annual assessment, shall, at least ninety (90) days prior to the end of the fiscal year, deliver to the Town Council of The Town of Milton a list containing the descriptions of all  real estate properties and the names of all persons assessed and the amount of assessment. They shall also deliver at such time as many copies of said list as the Town Council shall direct.

(c) The annual assessment shall also be arranged so that the land and the improvements thereon in separate columns or spaces. In making this assessment, the Assessor shall make its valuation accordingly.

(d) If the Town Assessor owns real property in the Town of Milton, said property shall be assessed by the Town Council of The Town of Milton.

(e) Immediately upon receiving the annual assessment list from the Town Assessor, the Town Council of The Town of Milton shall cause a full and complete copy of said list, containing the amount assessed to each taxable person or entity, to be posted on the Town website for a period of at least thirty (30) days and available at Town Hall for the information of and examination by all concerned. The Town of Milton shall also post, along with the assessment list notices advertising to all concerned, the date, not earlier than thirty (30) days after the date of posting of the true and correct copy of the annual assessment list, on which the Town Council will sit and hear appeals from the said annual assessment. The decision of the Town Council, sitting as the Board of Appeals, shall be final and conclusive, and said Town Council shall revise and complete said assessment at this sitting.  No member of the Town Council shall sit upon his own appeal but said appeal shall be heard and determined by the other council members.

(f) Any taxable person or entity may file an appeal to be heard by the Town Council by filing an application in writing at the Town Hall, stating the reason, or reasons, for the appeal, no later than fifteen (15) days before the date on which the Town Council will sit to consider such appeals.  Once such an application for appeal has been filed, the Town of Milton shall notify the appellant, by certified mail, of the date, time and location of the scheduled appeals hearing and shall confirm that the appellant’s appeal shall be heard at said hearing.

(g) The Town Assessor and his/her staff shall be present on the day fixed for hearing appeals, and shall furnish to the Town Council any information it requires, and answer any questions the Town Council may have with respect to any assessment for which an appeal has been taken. The Town Council shall have the authority to enforce the attendance of the Town Assessor by appropriate process. 

Section 26. Levy of Annual Taxes

(a) At the last regular meeting in the fiscal year, after having revised and completed the assessment, the Town Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised by the Town to meet the fixed and anticipated expenses and obligations of the Town, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.

(b) The Town Council should then proceed to determine, in consultation with the Town Manager, from which sources of the authorized revenues of the Town the amount of such shortfall, if any, shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. They shall then proceed to determine, assess, fix and/or levy as follows:

(c) Immediately after the last regular meeting prior to the end of the fiscal year of each and every year, the Town Council shall make, or cause to be made, a full, true and correct Annual Tax list showing the amount of tax levied against each taxable entity thereon from sources (1) and (3) above mentioned. This list shall be known as the Annual Tax List of The Town of Milton. In addition to the information contained in the assessment list, it shall also contain information as to the rate of tax upon real estate for each One Hundred Dollars ($100.00) of assessed valuation thereof.

(d) The Town Council shall cause to be delivered to the Town Manager a duplicate of said Annual Tax List and the Town Manager shall immediately proceed to collect the same as hereinafter provided.

(e) Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due The Town of Milton under existing laws in reference to said Town and the same are hereby declared to be to be valid, binding and vested in The Town of Milton.

Section 27. Collection of Revenues

(a) The Town Manager, as soon as the Town Council shall have placed in his/her hands a duplicate Annual Tax List, shall proceed at once to collect the taxes, other charges and fees on said list.

(b) All taxes, other charges, or fees so imposed by the Town of Milton in such Annual Tax List, or as levied or imposed pursuant to Section 26 of this Charter shall be and constitute a lien upon all the real estate within the Town of Milton owned by the taxable person or entity for a period of ten (10) years. The lien shall be applied to any such real estate within the Town of Milton owned by that taxable person or entity at any time after the taxes, fees or charges are imposed.  Such lien shall have preference and priority to all other liens on such real estate, as aforesaid, even if such other lien or liens attached at a time and date prior to the time of the attaching of such lien for taxes, charges or fees due to the Town of Milton.

(c) All taxes, charges or fees, when and as collected by the Town Clerk, shall be paid to The Town of Milton, and all taxes, charges or fees shall be due and payable at, and from the time of the delivery of the Annual Tax List, to the Town Clerk or when the charge or fee is imposed.

(d) All taxes, charges or fees shall be payable at the Town Office of The Town of Milton during the regular business hours of that office.

(e) In the collection of said taxes, on all taxes unpaid after the March 31st due date, interest shall be added at the rate of two percent (2%) per month, and an additional sum of two percent (2%) per month as a penalty for each month such taxes shall remain unpaid and said penalty shall be collected in the same manner as the original amount of tax. The Town Council shall have the power to make just allowances for delinquencies in the collection of taxes. All taxes unpaid after the expiration of thirty (30) days from the billing date shall be considered delinquent. In effecting a collection of any delinquent tax, the Town Council may impose a collection charge not to exceed twenty-four percent (24%) of the amount of the tax and any interest or penalty imposed thereon.

(f) In the collection of any other charge or fee imposed pursuant to Section 26 of this Charter, or any such fee or charge paid more than thirty (30) days after the mailing of an invoice, interest shall be added at the rate of two percent (2%) per month penalty for each month that such charges or fees remain unpaid and said interest or penalty shall be collected in the same manner as the original amount of such charge or fee. All such charges or fees unpaid after the expiration of thirty (30) days from the date of mailing the invoice shall be considered delinquent. The Town Council shall have the power to make just allowances for delinquencies in the collection of such charges or fees. In effecting a collection of any delinquent charge or fee the Town Council may impose a collection charge not to exceed twenty-four (24%) of the amount of the charge or fee and any interests or penalty imposed thereon.

(g) At the annual meeting of the Town Council of each year, the Town Manager shall account to the Town Council for all taxes, charges, and fees collected by him/her during the year and shall be liable on his/her bond for failure to account for any uncollected taxes, charges, and fees unless he/she can show to the satisfaction of the Town Council that all remedies permitted for the collection of said taxes were pursued without result or, if not pursued, the remedies would have been without avail.

(h) The Town Manager, when any tax has become delinquent, may, in the name of the Town of Milton, institute suit before any Justice of the Peace. or in the Court of Common Pleas of the State of Delaware, in and for Sussex County, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the unpaid tax, charge or fee, together with interest, penalty and collection charge(s), in an action of debt, and upon judgment obtained, may sue out writs of execution as in case of other judgments recovered before a Justice of the Peace or in the Court of Common Pleas or in the Superior Court, as the case may be.

(i) However, should the Town Manager so elect, he/she is empowered to sell the real property(ies) of the delinquent taxpayer, or the real property(ies) of the delinquent taxpayer alienated subsequent to the levy of the tax by the following procedure:

Section 28. Town Budget

(a) The fiscal year for the Town of Milton shall be October 1 through September 30 of each year, unless changed by Resolution of the Town Council.

(b) Each year and not later than sixty (60) days prior to the beginning of the next fiscal year, the Town Manager shall prepare a rough draft of the Town Budget. From this rough draft, the Town Council, shall not later than the next regular meeting following the presentation of the rough draft, prepare the Town Budget, containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year.

(c) The budget shall contain the following information:

(d) This budget document shall be presented at a meeting of the Milton Town Council, and not later than fifteen (15) days later be presented at a public hearing for citizen comments. At the next Town Council meeting the Town Council shall vote on the adoption of the budget, which may include revisions, and said budget shall be effective on the first day of the new fiscal year.

(e) The Town Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations.

Section 29. Enumeration of Powers

(a) Not by way of limitation upon the power vested in the Town Council of The Town of Milton to exercise all powers delegated by this Charter to the municipal corporation or to the Town Council except as may expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, to be exercised by the Town Council in the interest of good government, and the safety, health and public welfare of the Town, its inhabitants and affairs, that is to say:

Section 30. Streets

(a) The Town Council shall have the power and authority to lay out, locate, and open new streets or to widen and alter existing streets or parts thereof and to vacate or abandon streets or parts thereof, whenever the Town Council shall deem it for the best interest of the Town, but only after such recommended action(s) have been presented at a Town Council meeting, and the opportunity for public comment has been provided.

(b) In addition, the procedure to be used for any of those things heretofore listed in this Section shall be as follows:

Section 31. Curbing and Paving

(a) Whenever the Town Council shall have determined that any sidewalk adjacent to private property shall be constructed, replaced or repaired, or any or all of them, the Town shall cause a notice to be sent to the owner or owners along or in front of whose premises the same is to be done, particularly designating the nature and character thereof and thereupon it shall be the duty of such owner or owners to cause such construction, repair or replacement, or any of them, to be done in conformity with said notice and according to Town specifications. In the event any owner or owners neglect to comply with the said notice for the space of thirty (30) days, the said Town Council may proceed to have the same done and when done, the Town Clerk shall, as soon as convenient thereafter, present to the owner or owners of such lands a bill showing expenses of such construction, repair or replacement, or any of them. If such owner or owners be not resident in The Town of Milton, such bills shall be sent by certified mail with postage prepaid or to such owner or owners directed to him, her or them at the last known address. If such bills be not paid by the owner or owners of such lands within sixty (60) days after the presentation thereof, as aforesaid, the Town Clerk may proceed to collect the same in the same manner and under the same terms and conditions as are provided for the collection of taxes.

(b) Any notice sent to one co-owner shall be notice to all owners and in the case no owners shall reside in said Town, notice served as set forth herein or posted upon the premises shall be sufficient.

(c) The provisions contained herein shall apply to any order made by the Town Council in respect to any sidewalk heretofore made or done which the said Town Council may deem insufficient or need repairing.

Section 32. Collection of Charges due the Town

(a) In the collection of any charges due the Town for water rentals, sewer service charges, electric bills, gas bills, license fees, tapping fees, front footage assessments, charges growing out of the abatement of nuisances, laying out and repairing sidewalks, or any of them, such charges shall become a first lien against real estate of the delinquent property owner and/or taxpayer situate within the Town, and such charges shall have preference and priority for a period of ten (10) years from the date the charge became due and owing, over all other liens on real estate created or suffered by the taxable property owner, although such lien or liens be of a date prior to the time for the attaching of such liens for such charges.

(b) The remedies available to the Town Clerk for the collection of such charges shall be the same as those set forth in this Charter for the collection of delinquent taxes.

Section 33. Power to Borrow Money and Issue Bonds

(a) The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the repayment thereof on the faith and credit of the Town of Milton to provide funds for the erection, extension, enlargement, purchase or the repair of any plant, machinery, appliances, or equipment for the supply, or the manufacture and distribution of electricity or gas for light, heat or power purposes; for the furnishing of water to the public, for the construction, repair and improvements of highways, streets or lanes or the paving, curbing or erection of gutters and curbs along the same; for the purchase of real estate for any municipal purpose; for the construction or repair of sewage disposal equipment; or to defray the cost or the share of the Town of the costs of any permanent municipal improvements; provided however, that the borrowing of money therefore shall have been authorized for the Town Council in the manner following;

(b) The bonded indebtedness shall not at any time exceed in the aggregate the total sum of thirty percent (30%) of the assessed value of real property situate within the limits of The Town of Milton shown by the last assessment preceding the creation of the said indebtedness.

Section 34. Acts or Suits

No action, suit or proceeding shall be brought, or maintained against the Town of Milton for damages, either compensatory or punitive on account of any physical injury or injuries, death or injury to property by reason of the negligence, simple, gross, or willful or wanton of the said Town of Milton, or any of its departments, officers, agents, servants or employees unless the person or on behalf of whom such claims or demand is asserted, within one year from the happening of said injury or the suffering of such damages shall notify The Town of Milton in writing of the time, place, cause, character and extent of the injury sustained or damages suffered. Such notice shall be directed to the Mayor of The Town of Milton by certified mail with return receipt requested and postage prepaid.

Section 35. Compendium

It shall be the duty of the Town Council, at reasonable time or times, to compile the ordinances, current regulations, orders, and rules of The Town of Milton. The Town Council shall provide copies of such compilations to Town Officials, shall have copies available to the public for review at the Town Hall, and shall post it on the Town of Milton website.  From time to time, upon enactments of amendments to ordinances, regulations, orders and rules, the Town Council shall enroll the same in the minutes of the Town Council, and shall update all official copies of the compilation and make them public so that the same may readily examined. The Council shall furnish the Mayor of the Town of Milton and Town officials updated compilations, shall update the copies at the Town Hall, and on the Town of Milton’s website.

Section 36. Revival of Powers and Validating Section

(a) All powers conferred upon or vested in the Town Council of The Town of Milton by any act or law of the State of Delaware not in conflict with the provisions of this Charter are hereby expressly conferred upon and vested in The Town of Milton and/or the Town Council of The Town of Milton precisely as of each of said powers was expressly set forth in this Charter.

(b) All ordinances adopted by the Town Council of Milton and in force at the time of approval, acceptance and going into effect of this Charter are continued in force until the same or any of them shall be repealed, modified or altered by the Town Council of The Town of Milton under the provisions of this Charter.

(c) All of the acts and doings of the Town Council of Milton or of any official of The Town of Milton which shall have been unlawfully done or performed under the provisions of any law of this State or of any ordinance of the Town Council of Milton or under any provision of any prior Charter of The Town of Milton, prior to the approval, acceptance and going into effect of this Charter, are hereby ratified and confirmed, unless otherwise provided herein.

(d) All taxes, assessments, license fees, penalties, fines, and forfeitures due the Town of Milton shall be due The Town of Milton and all debts from the Town shall remain unimpaired until paid by The Town of Milton.

(e) All powers granted by this Charter in respect to the collection of taxes, license fees, assessments or other charges shall be deemed to apply and extend to all unpaid taxes, license fees, assessments or other charges heretofore lawfully imposed by the Town Council of The Town of Milton.

(f) The bonds given by or on account of any official of The Town of Milton shall not be impaired or affected by the provision of this Charter.

(g) All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are and the same are hereby repealed to the extent of any such inconsistency.

(h) If any part of this Charter shall be held to be unconstitutional or invalid by a Court of competent jurisdiction, such holding shall not be deemed to invalidate the remaining provisions of this Charter.

(i) This Charter shall be taken as and deemed to be a Public Act of the State of Delaware.