4.2.7 may:
(a) 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, improve, dredge, erect, remove, repair and replace any new or present street, highway, road, alley, waterway, park, crosswalk, wharf, dock, boat ramp, sewer, drain, gutter, aqueduct or pipeline or portion thereof, or any new or present curb, or gutter or portion thereof in the Town and the beach or strand in or contiguous to the Town;
(a) specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done;
(a) enter into contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, highway, road, alley, waterway, sidewalk or other public thoroughfare within the Town;
4.2.8 may provide, construct, extend, maintain, manage and control groins, bulkheads, embankments, rip rap, piers or fills for the preservation of any waterway, beach, strand or high land within the corporate limits of the Town and contiguous thereto to the end that the same may be preserved and properly protected that the general public might enjoy the use thereof;
4.2.9 may regulate and control the planting, growing, treatment and preserving of ornamental shade trees in the streets, avenues, highways, parks and lands of the Town and may authorize or prohibit the removal or destruction of said trees;
4.2.10 may fully control the drainage of all surface water within the Town, and to that end, may provide, construct, extend, maintain, manage and control a surface water drainage system for the health, sanitation, and convenience of the inhabitants of the Town;
4.2.11 may provide an adequate supply of potable water for the Town and its inhabitants and, to this end, may:
(a) acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, water treatment facilities, 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; 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 of the Town;
(b) furnish or refuse to furnish water from the Town system to places and properties outside the Town corporate limits; and
(c) contract for
and
purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the Town itself;
4.2.12 may:
(a) provide,
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:
(a) 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 the said system, plant or facilities;
(a) furnish or refuse to furnish sewer disposal service from the Town system to places and properties outside the Town limits;
(a) compel any and all properties in the Town to be connected to the sewer system of the Town; and
(a) 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 therefor of the Town itself;
4.2.13 may provide for and control the lighting of the streets, highways, roads, alleys, waterways, parks, strands, crosswalks, wharfs, docks, public buildings or other public places in the Town;
4.2.14 may regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin and all other combustible or dangerous materials and the use of candles, lamps and other lights in stores, shops, and other places; and may regulate, suppress, remove or secure any fireplace, stove chimney, oven broiler or other apparatus which may pose a danger of causing fires;
4.2.15 may:
(a) provide for the organization of a fire department and the control and government thereof;
(b) establish fire limits and do all things necessary for the prevention or extinguishment of fires; and
(c) contribute or donate funds to 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 or donation may be made subject to such conditions as to the use thereof as the Town Council may deem advisable;
4.2.16 may provide for the organization of ambulance, rescue or paramedic services and the control and government thereof, may establish territories within the Town for such services; and may, at the discretion of the Town Council, contribute or donate funds to any such service formed or incorporated under the Laws of the State of Delaware, or to any volunteer service maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the Town, provided that any such contribution or donation may be made subject to such conditions to the use thereof as the Town Council may deem advisable;
4.2.17 may prohibit drunkenness, use or distribution of any controlled substance, gaming and fraudulent devices and riots, disturbances and disorderly assemblies;
4.2.18 may adopt and enforce such ordinances regulating traffic on all streets, highways, roads, alleys and public ways within the Town as are consistent with the motor vehicle laws of the State of Delaware;
4.2.19 may adopt and enforce such ordinances regulating traffic on all waterways within the Town as are consistent with U. S. Coast Guard and Delaware Marine Police regulations;
4.2.20 may regulate or prohibit the use of streets, highways, roads, alleys, beaches, parks, rights-of-way, other public places and Town-owned lands for commercial use, or activities not otherwise protected from such regulation or prohibition by the Constitution and Laws of the United States and the State of Delaware;
4.2.21 may regulate or prohibit the use of guns, air guns, spring guns, pistols, sling shots, bean shooters, and any other device for discharging missiles which may cause bodily injury or injuries or harm to persons or property; and may regulate or prevent the use of bonfires, open fires, fireworks, bombs and detonating works of all kinds within the Town;
4.2.22 may provide for and preserve the health, peace, safety, cleanliness, beauty, good order and public welfare of the Town;
4.2.23 may prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games;
4.2.24 may direct the excavation, draining, filling, cleaning, curbing or fencing of privately owned lots, tracts, pieces or parcels of land in the Town which are deemed dangerous or unwholesome, or necessary to carry out any improvements authorized by this Charter and may assess the cost thereof against the owner thereof;
4.2.25 may define, prevent, abate or remove nuisances, obstructions or any other conditions detrimental to the public safety, health or welfare; and may cause the cost of such abatement or removal to be paid by the person or other legal entity causing or permitting same to exist;
4.2.26 may adopt ordinances providing for the condemnation of any building or structure in the Town which is determined, on the basis of standards set forth in such ordinances to be a fire hazard or otherwise unsafe, and may cause the same to be torn down or removed;
4.2.27 may adopt ordinances to establish and regulate animal pounds and restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large within the corporate limits of the Town; authorize the destruction of the same; and may regulate the keeping of pets within the Town, and provide for registration and fees thereof;
4.2.28 may provide for the punishment of a violation of any ordinance of the Town by appropriate fine, penalty, or forfeiture;
4.2.29 may regulate and control the construction, alteration, or removal of dwellings or other structures and provide for granting permits for same;
4.2.30 may regulate and control construction activities by private individuals or companies at such times and seasons of the year and at such hour of the day as the Town Council may determine necessary and appropriate for the public health, welfare and convenience.
4.2.31 may provide for and regulate the naming of the streets and waterways and the numbering of houses and commercial establishments within the Town corporate limits;
4.2.32 may:
(a) establish setback lines for buildings and other structures to be erected;
(b) zone or district the Town and establish standards for construction and building materials;
(c) prohibit any construction except that for which a building permit has been issued pursuant to ordinances as prescribed by the Town Council; and
(d) exercise all powers and authorities pursuant to 22 Del. C., Chapter 3, or any future corresponding provisions of law;
4.2.33 may regulate the conduct of any business, profession or occupation within the corporate limits of the Town;
4.2.34 may license, tax, and collect fees annually for any and all municipal purposes of such various amounts as the Town 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 corporate limits of the Town;
4.2.35 may grant licenses, issue permits, and regulate any
activity within the corporate limits of the Town; specifically including any beach property, whether previously dedicated to or owned by the State of Delaware;
4.2.36 may impose upon new development or construction or upon first-time occupancy of new construction such "impact fees" as are reasonably calculated to recover the cost of installing, enlarging, improving or expanding public or municipal improvements which have a rational relationship to such new construction;
4.2.37 may borrow and appropriate money to pay the debts and liabilities of the Town, or any portion thereof, from any funds available therefor; and may, in case of emergency, temporarily transfer money from one fiscal account to another fiscal account of the Town;
4.2.38 may raise revenue for the Town by the levying and collecting of taxes on real property, taxes on business activities, special assessments, licensing fees and other charges for services;
4.2.39 may investigate the conduct of any officer, employee or representative of the Town, in the conduct of his or her official duties, and for such purpose may compel the attendance of witnesses and the production of books, records, or other evidence by subpoena, and may administer oaths or affirmations;
4.2.40 may establish a pension plan or a health and welfare plan or both, for the employees of the Town under such terms and conditions as the Town Council may deem appropriate, with the funding accomplished through an insurance company licensed by and authorized to do business in the State of Delaware, approved by the Town Council; 4.2.41 may, by condemnation proceedings, take private property or the right to use private property within the corporate limits of the Town for any of the purposes specified in this Charter, such proceedings to be in conformity with 10 Del.C. Chapter 61, or any future corresponding provision of law;
4.2.42 may adopt, alter, and amend all such ordinances, regulations, resolutions, and rules not contrary to the Constitution and Laws of the United States and the State of Delaware as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any Federal or State law relating generally to municipal corporations or which may be deemed proper and necessary for the order, protection, and good government of the Town; the protection of persons and preservation of property; and the protection of the public health and welfare of the Town and its inhabitants. Any ordinance relating to the public health of the Town and its inhabitants or designed to prevent the 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 its corporate limits.
4.3 Liberal Construction: Manner of Exercise. The powers of the Town under this Charter shall be liberally construed in favor of the Town, and the enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein or implied hereby, appropriate to the exercise thereof, the Town shall have and may exercise any and all powers which, under the Constitution and Laws of the United States and the State of Delaware, it would be competent for this Charter to specifically enumerate.
All powers of the Town, whether express or implied, shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by ordinances, regulations, resolutions, and rules of the Town Council. The Council may, by ordinance or resolution, do such other act or thing incidental, necessary, or useful in connection with any of the matters duly authorized in this Charter.
4.4 Intergovernmental Cooperation. The Town may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise with any one (1) or more states or civil divisions or agencies thereof, or the United States or any agency thereof, except as prohibited or restricted by the Constitution and Laws of the United States and the State of Delaware or by this Charter.
5. Town Council.
5.1 Governing Body.
The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided therein, shall be vested in and exercised by a seven (7) member Town Council composed of a Mayor and six (6) other members, each of whom shall be elected by popular vote as hereinafter provided.
5 2 Qualifications.
5.2.1 General.
A candidate for the Town Council shall be a
natural person at least twenty one (21) years of age, a citizen of the United States, and otherwise qualified to vote at the annual municipal election as provided in Sec. 6.1.
5.2.2 Residency Requirement_for_Council Candidates.
At least four
(4) members of the Town Council shall be residents of the State of
Delaware, as defined by the Laws of the State of Delaware.
(a) If a "resident" member of the Council who is also a freeholder, should, during term of office, fail to maintain residency in the State, but continue to be a freeholder during his or her term of office, that person shall continue to be deemed a "resident" member of the Town Council.
(b) If a non-resident member of the Council, during his or her term, establishes residency in the State, that person shall be deemed a resident member of the Council as of the next regularly scheduled annual municipal election.
5.2.3 Residency Requirement for Mayoral Candidates.
The Mayor shall be a resident of and property owner in the Town of South Bethany, Delaware, twenty-one (21) years of age and otherwise qualified as provided in Sec. 5.2.1 and 5.2.2.
5.2.4 Council to Act as__Final Judge.
The Town Council, by majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members, and shall interpret and apply the standards set forth in this Charter.
5.3
Term of Office. Staggered Tells.
5.3.1__Ierm of Office.
The term of office for each member of the Town Council shall be two (2) years.
5.3.2 Staggered Terms
The present Mayor and Council members of
the Town of South Bethany, and other officers appointed to serve in the office under Chapter 78, Volume 67, Laws of Delaware, as amended, shall continue to serve as Council members and Officers of the Town from and after the effective date of this Charter, until the successors are duly elected or appointed. At the annual Town election in 1995, three (3) Council members shall be elected to fill the vacancies created by the expiration of the terms of Office of the four (4) then-outgoing Council members. At the annual Town election in 1996, the Mayor and three (3) Council members shall be elected to fill the vacancies created by the expiration of the terms of office of the three (3) then-outgoing Council members. Thereafter, the Mayor and three (3) members of the Town Council shall be elected in even years and three (3) members shall be elected In odd years.
6. Municipal Elections.
6.1__Ioter_ qualifications.
Any natural person shall be qualified to vote in any annual municipal election, special election or referendum who, on voting day shall:
(a) have attained eighteen (18) years of age;
(b) be a citizen of the United States;
(c) shall be registered under the Town's Voter Registration ordinance (if one be in effect); and
(d) shall have been either:
(1) a freeholder in the Town, as defined herein, for a period of ninety (90) consecutive days immediately preceding the date of the election; or
(2) a resident of the Town, as defined herein, for at least nine (9) months, consecutively or non-consecutively of the twelve (12) month period immediately preceding the date of the election in which he or she seeks to vote.
For purposes of this Charter except for Sec. 5.2.2,
(a) a "freeholder" shall be deemed to include any natural
person who holds title of record to a fee simple estate or a life estate in and to real property located within the corporate limits of the Town; and
(a) a "resident of the Town" shall mean any natural person who has actually lived within the corporate limits of the Town at least nine (9) months, consecutively or non-consecutively, of the twelve (12) month period immediately preceding the date of the election.
6.1.1 Determination of Voter Eligibility.
The Board of Elections is responsible to determine voter qualifications as prescribed in this Charter, as provided in Sec. 6.1.
6.2 Voter registration.
The Town Council may, by ordinance, provide for the registration of voters and may prescribe registration and voting places. Such ordinance shall not alter the qualifications of voters as defined in this Charter nor unduly impair the right to vote In any election,
6.3 Uncontested Election. Where there Is only one (l) official
candidate for any office on the day of the annual municipal election, the official candidate shall be deemed elected thereto without the holding of such an election.
6.4 Annual Municipal Election Procedures.
(a) Notice of Candidacy.
In order to be listed on the ballot for election of Mayor and other Town Council Members, each candidate shall file a written notice of intention to seek such office with the Town Manager during normal business hours at ?east forty-five (45) days prior to the date set for the election.
If the Election Board (Sec. 6.4.(g)) determines that any candidate may not meet the qualifications for office, it shall notify the Mayor who shall call a special meeting of the Town Council to be held not less than thirty (30) days prior to the date set for the election, at which the Town Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, by registered mail, of the date, time and place of the meeting, at which he or she may appear and testify. If the Town Council determines that the candidate does not meet the qualifications of office, it shall reject the notice of intention to seek office and his or her name shall not appear on the ballot. In making the determination, only those members of the Town Council who are not running for re-election shall be entitled to vote on the question.
(b) Date -_Time—and place.
Annual municipal elections for the Town Council shall be held on the last Saturday before the last Monday In May at such time and place, within the Town, as shall be determined by the Town Council, The polls shall remain open for at least a six (6) hour period to
be determined
by the Town Council,
(c) Notice of Elections
Public notice of any election to elect members to the Town Council shall be given by posting notices thereof in at least five (5) public places in the Town not less than thirty (30) days before the date of such election and by publishing notices at least once in two (2) newspapers of general circulation in the Town at least thirty (30) days before the date of the election. Such notices shall state the date, time, and place of the election as well as a description of the offices to be filled. Such notices as shall be in bold print or bordered in black in such manner as to call attention thereto. In the event that the publications and/or posting do not
appear on the sarhe date, the date of the last publication or posting shall control.
(a) Voting Machines. Paper Ballots.
Elections shall be by voting machine, electronic voting system, or by paper ballot as the Town Council shall determine; provided, however, that voting machines or electronic voting systems shall be used If required by State law.
(b) Absentee Voting.
Any qualified voter may vote by absentee ballot at any election.
(a) Rules Governing Conduct of Elections . The Town Council shall adopt rules, consistent with the provisions of this Charter, and with applicable state or federal law governing the conduct of elections,
including absentee voting.
(g)Election Board.
Every election shall be held under the supervision of an Election Board. The Election Board shall consist of three (3) Judges of Election. Such Judges shall be qualified voters of the Town and shall be appointed for that purpose by the Town Council at least sixty (60) days before such election. If, at the opening of the polls, there shall not be present any member of the Election Board, in such case, the ranking Town officer available at the opening of the polls shall appoint a qualified voter or voters to act as a member or members of the Election Board to fill vacancies caused by such absence. Members of the Election Board shall be the sole and final judges of the conduct of the election, the legality of the votes offered, and the election results. The Election Board shall have the power to subpoena persons and records relative to the determination of the qualifications of voters and the legality of any vote or votes offered.
(h)___Election Results
Upon the close of such election, the votes
shall be counted by the Election Board. The persons having the highest number of votes shall be declared by the Election Board to be duly elected to such vacant offices as then exist. Persons holding office shall continue in office until their successors are duly elected and installed.
(1) Tie Vote.
In the event of a tie vote for any office, the election to such office shall be determined by a run-off election within thirty (30) days pursuant to the election procedures of this Sec.
(3) Preservation of_Records_and_Ballots.
The custody of election records and all ballots cast shall be maintained in the Town Office for a minimum period of six (6) months.
(k)._Election Record Book. The Election Board shall enter in anElection Record Book the complete results of the election, to be subscribed by all Election Board Members. Such Book shall be preserved by the Town Council.
7.
Organization of Town Council.
7.1 Organizational Meeting.
An organizational meeting of the Town Council shall be held on the first Saturday following the date of the election. Such meeting shall be held at the usual place for holding regular Town Council meetings and shall be open to the public. The
newly elected Mayor and other Town Council members shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity. Such oath or affirmation shall be taken before a Notary Public, a Justice of the Peace, the Town Alderman, or by one (1) of the holdover Town Council members. At the organizational meeting, the Mayor shall appoint a President
Pro-tempore, a Council Secretary, and a Treasurer subject to ratification by majority vote of the Town Council. The Council Secretary and Treasurer need not be members of the Town Council. Each of these officers of the Town Council shall serve in that position for a term of one (1) year or until the organizational meeting after the next succeeding election.
7.2 Duties of Mayor The Mayor shall preside at all meetings of the Town Council and shall have a vote on all pending issues. The Mayor shall execute, on behalf of the Town, when authorized by Town Council majority vote, all agreements, contracts, bonds, deeds, leases, and other legal documents. The Mayor shall appoint such standing and other committees as the Town Council shall require, provided that a member of the Town Council shall serve as Chairman of each standing committee. It shall be the duty of the Mayor to see that the ordinances, regulations, resolutions, and rules of the Town are duly executed; he or she shall perform all additional duties as are imposed by this Charter. The Mayor shall be empowered to delegate specific duties and responsibilities and to administer oaths and affirmations.
7.2.1 Emergency Powers.
The Mayor shall be empowered to act on behalf of the Town, without prior Town Council approval, in the event of a sudden emergency requiring prompt action, in order to protect the public health, safety, and welfare of the Town, its inhabitants and property owners. A "sudden emergency", for purposes of this Section shall include, by way of example and not in limitation, a major fire or conflagration, significant flooding, or serious storm threatening significant damage, a civic disturbance, or a toxic spill. A "sudden emergency" shall also include any emergency situation as declared by any county, state or federal agency having jurisdiction over the Town where the scope of the emergency so declared includes the Town.
7.3 Duties of President Pro Tempore.
The President Pro-tempore shall function as Mayor during the absence or disability of the Mayor.
7 Duties of Council Secretary.
The Council Secretary shall be responsible for recording the proceedings of the Town Council and for maintaining safe custody of other Town records and shall perform such other duties as directed by ordinance or the Town Council.
7.5 Duties of Treasurer.
It shall be the duty of the Treasurer to attend all Town Council meetings. The Treasurer shall be responsible for maintaining custody of all Town funds in a banking institution selected by the Town Council; for deposit of all Town receipts and disbursement of Town funds in payment of bills presented for payment; for presenting an annual financial report to the Town Council at the end of the fiscal year; and for performing such other duties as directed by ordinance or the Town Council. The Treasurer, before assuming the duties of such office, shall be required to give bond with sufficient surety to the Town Council in an amount at least equal to the funds likely to be handled in the discharge of such duties. The Treasurer shall at the end of such term of office deliver to his/her successor in office all fiscal records relating to such office and all Town funds then held in the Treasurer's custody as part of the settlement of final account. The cost of said bond shall be paid out of Town funds. In case of resignation, incapacitation, or at the expiration of the term of office an audit shall be performed.
7.6 Filling Vacancies of Appointed Officers.
If a vacancy shall occur in the office of any officer appointed pursuant to Sec. 7.1 of this Charter, the successor shall be selected for the unexpired term pursuant to the procedures of Sec. 7.1.
7 7__Code of Ethics.
7.7.1 Conflict of Interest.
No Town Council member, officer,
employee, or representative shall represent the Town in any business or governmental transaction involving any corporation or other private party in which he or she has a direct or indirect financial interest.
7.7.2 Abuse of Office.
No Town Council member, officer, employee, or representative shall use his or her official position to obtain an undue, unwarranted, or unfair advantage, privilege or exception.
7.7.3 Disclosure of Information.
No Town Council member, officer,
employee, or representative shall disclose to any unauthorized person, confidential information gained by reason of official position, nor shall such information be used for personal gain or benefit.
7.7.4 Contracts for Materials and Services.
(a) No Town Council member, officer, employee or
representative may contract with the .Town to provide personal services or materials for the benefit of the Town, nor may any corporation or other private party in which such official holds a pecuniary interest contract with the Town to provide such services or materials, except with the unanimous consent of all other Town Council members.
(a) Notice of all bids for street, sewer, or water systems, installations, improvements, extensions, or repairs shall be published at least once in at least two (2) newspapers having general circulation in the Town.
7.7.5 Competitive Bidding.
All contracts for purchase or lease of materials or services authorized by this Charter shall be consummated by competitive bidding, and each such contract shall be awarded to the lowest responsible bidder who submits a responsive bid, provided, however, that competitive bidding shall not be required where:
(a) the aggregate amount involved is not more than $2,500.00;
(b) the contract is for any service to be rendered by the State of Delaware, or by any political subdivision thereof;
(a) the contract is for any service to be rendered by a
university, college, or other educational institution;
(b) the contract Is for property or services for which it is impractical to obtain competitive bids;
(c) the Town Council determines that due to an emergency or special exigency, the time required for competitive bidding is inadequate; or
(d) the Town Council determines that the bids received were: (l) unreasonable as to all or part of the requirement; or (2) were not independently reached in open competition.
7.8 Vacancies. Forfeiture of Office.
7.8.1 Vacancies. The office of a Town Council member shall become
vacant upon death, incapacitation, resignation or forfeiture of such office.
7.8.2 Forfeiture Proceedings.
A forfeiture of such office shall occur when any Town Council member:
(a) is no longer qualified to hold such office;
(b) willfully violates any provision of this Charter;
(a) is convicted of any felony or crime involving moral
turpitude; or
(b) fails to attend three (3) consecutive regular Town Council meetings without being excused by Town Council vote.
7.8.3 Determination Concerning Forfeiture.
Where the conditions set forth in Sec. 7.8.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in Sec. 7.8.2 (a) or (b) are alleged, forfeiture shall be approved by the remaining Town Council members. Such decision shall be made in executive session and if the Town Council determines by a majority vote that a forfeiture has occurred, it shall, within forty-eight (48) hours thereafter, provide written notice thereof to the affected Town Council member, by certified mail, return receipt requested, sufficiently posted. "Written notice" shall be deemed provided when deposited in first-class mail with sufficient postage. The affected member shall be entitled to a hearing and shall then have thirty (30) days In which to make a written request for a public hearing before the Town Council, to be held within forty-five (45) days of the written request, at which hearing such member may appear with the assistance of counsel and present evidence to the relevant issues. The Town Council shall also hear any other relevant evidence and vote again on the question of forfeiture. A determination of forfeiture shall be made only by unanimous vote of the Town Council members present and entitled to vote on the question.
7.8.4 Failure to__Request Hearing as a Bar.
Failure of the affected member to make written request for a public hearing as hereinabove stated shall be an absolute bar to his or her right to challenge the Town Council's decision. If a public hearing is held, the Town Council shall have authority to subpoena witnesses, administer oaths, take testimony, and require the production of documentary or physical evidence, all of which shall be done if requested in writing by the affected person.
7.9
Filling Vacancies
A vacancy in the office of the Mayor or of any other Town Council member shall be filled for the unexpired term by a person qualified to fill the position.
7.9.1 Procedure: Office of the Mayor.
Upon the occurrence of a vacancy in the office of the Mayor, the President Pro-tempore shall assume the duties and responsibilities of Mayor until such time as a new Mayor is elected and installed in office. A vacancy in the office of Mayor shall be filled for the remainder of the unexpired
term at the next annual municipal election. If the next annual municipal election is to occur more than 120 days from the occurrence of the vacancy, the Town Council shall, within 24 hours of notice of the vacancy, announce the existence of the vacancy and the date and time for a special election to be held for the remainder of the term of office. Said election shall be held within sixty (60) days of the announcement of said vacancy. Said special election shall be held pursuant to the provisions as provided in Sec. 6.4 of this Charter.
7.9.2 Other Council Members.
A vacancy in the office of any Council member other than Mayor shall be filled for the remainder of the unexpired term at the next annual municipal election. If the next annual municipal election occurs more than sixty (60) days after the occurrence of the vacancy, the Town Council, by a majority vote of the remaining members in an open meeting, shall appoint a qualified person to fill such vacancy until the next annual municipal election. If the vacancy occurs within sixty (60) days of the expiration of term of office, such vacancy shall not be filled.
7.10 Meetings
•
7.10.1 Regular Meetings.
The Town Council shall hold at least eleven (11) regular meetings during the year. The time and place of each regular meeting shall be set by the Town Council each year at its organizational meeting, but such meetings may be rescheduled by the Mayor as need arises, subject to the requirement of adequate public notice. All such meetings shall be open to the public.
7.10.2 Special Meetings.
Special meetings of the Town Council shall be called upon the written request of the Mayor or any four (4) members of the Council stating the day, hour, and place of such meeting and the subject or subjects to be considered thereat. Notice shall be given thereafter at least seven (7) days prior to said meeting date to the Mayor and each member of the Council of the day, hour, and place of such special meeting and the subject or subjects to be considered thereat. A written waiver of such notice, (written, telegraphic, telefacsimile or recorded telephonic message), by all members of the Council prior to or immediately at the beginning of the convening of such special meeting shall make the forty-eight (48) hour written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time and for any purpose named in such waiver, or the transaction of any other business at the meeting, if the waiver so states. Subject to the scope of the notice, the Town Council shall have the same power and authority to enact all ordinances, adopt all regulations, resolutions and rules, pass all motions, make all orders and transact all business at any such special meeting, called as aforesaid, as Council has at a regular meeting. The aforesaid procedure shall not apply to any emergency meeting which is necessary for the immediate preservation of the public peace, health or safety.
7.10.3
Adjourned Meetings.
The Town Council may adjourn its meetings from time to time, provided that adequate public notice shall be given of the date, place, and time for the resumption of such meetings.
(a) adopt or amend administrative rules, or establish or reorganize any Town department, office or agency;
(a) provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(a) grant, renew, extend, or terminate a franchise; and
(a) amend or repeal any ordinances previously adopted.
Every ordinance shall be introduced in writing. Voting on any ordinance shall be by roll call vote, and the vote of each Town Council member on any ordinance shall be entered on the record. No ordinance shall be adopted unless it shall have the affirmative vote of a majority of the entire Town Council.
The Town Council shall not have the power to exempt any individual from the application of any ordinance, regulation, resolution, or rule of the Town, except as set out in this Charter or as provided by the Constitution and Laws of the United States and the State of Delaware.
7.11.4 Emergency _Ordinances.
To meet an emergency affecting public health, safety, and welfare the Town Council may adopt one (I) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for Its service, or authorize the borrowing of money except as provided in Sec. 13 of this Charter. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it was introduced, but the majority vote of all Town Council members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time- as it may specify. Every emergency ordinance shall automatically stand repealed as of the one hundred twentieth (120th) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Sub-section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for the adoption of emergency ordinances.
7.11.5 Nom. Four (4) members of the Town Council shall be present in order to constitute a quorum to conduct business. Council decisions shall require voting approval of a majority of the entire Council.
7.11.6 Vote Necessary to Carry Action. All powers of the Town
Council, whether expressed or implied, shall be exercised in the manner provided herein, or if not prescribed herein, then by ordinances, regulations, resolutions, and rules. In the general performance of their duties, the acts, doings and determinations of a majority of the entire Council shall be as valid as the acts, and determinations of all the members of the Council.
7.11.7 Compensation of Council Members. Each Town Council member
may receive compensation for services to the Town as may be prescribed by ordinance.
7.12
Succession of Authority. In the event that the Mayor is absent or incapable of assuming responsibilities, such
responsibility shall be carried out by the following Town officials in the following order: 1) President Pro-tempore, 2) each of the remaining Council members in order of seniority in years of Council service, 3) Council Secretary, and 4) Treasurer.
8. Appointed Officers.
8.1 Town Manager.
8.1.1
Appointment and Removal. Pursuant to ordinance the Town
Council, by a majority vote of all members, may appoint a Town manager who shall be the chief managerial administrative officer of the Town. The terms and conditions of such employment shall be included in a written agreement between the Town Council and the Town Manager. The Town Manager shall be appointed solely on the basis of professional, executive, and administrative qualifications and experience. Such person shall reside no farther than thirty (30) miles from the Town. No member of the Town Council may serve as Town Manager unless he or she first resigns. Subject to any limitations set forth in the written agreement between the Town Manager and the Town Council, the Town Manager shall serve at the pleasure of the Town Council. In case of the temporary absence, disability, or other interruption of service of the Town Manager, the Town Council may designate- some other competent person to perform the duties of the office during such period.
8.1.2 Functions and Duties of Town Manager.
The Town Manager shall be responsible for the administration of all governmental activities of the Town which are assigned by or under this Charter. The functions and duties of the Town Manager shall be set forth in an ordinance enacted by the Town Council.
8.2 Town Solicitor. The Town Council shall appoint a Town Solicitor who shall be removable at the pleasure of the Town Council. The Solicitor shall be a member in good standing of the Bar of the State of Delaware with law offices in Sussex County. It shall be the Solicitor's duty to give legal advice to the Town Council, the Town Manager, and other officers of the Town, and to perform such other legal services as may be required by the Town Council.
8.3 Other_Officers and Employees.
8.3.1 Appointment and Employment.
The Town Council may authorize the Town Manager to appoint or employ such other officers and employees deemed necessary for the proper management of the Town.
8.3.2 Termination of Appointment of Employment
The Town Manager
may at any time terminate the service of any Town officer, after he or she has obtained approval from the Mayor and Town Council, or employee unless otherwise proscribed by the terms of a written contract, a written personnel policy, a written personnel or merit system, a written grievance or disciplinary procedure adopted by the Town Council. The Town Manager's decision shall be deemed to be upheld after a majority of the Town Council votes to approve the Town Manager's decision.
8.4 Compensation.
The Town Council shall by ordinance or resolution fix the amount of any compensation of the officers, employees and representatives of the Town, as well as reimbursement for actual and necessary expenses incurred by them in the performance of their duties.
8.5 Personnel Records
The Town Office shall maintain a full and complete record of all officers, employees and representatives hired by the Town, containing the names of such persons, the dates of their employment, job descriptions, compensation paid and the date of the termination of their services.
9. Assessment for Taxes,
9.1 Board of Assessment.
9.1.1 Appointment. The Mayor may, with the approval of the entire Town Council, appoint a Board of Assessment composed of three (3) members, each of whom shall be a property owner within the corporate limits of the Town, and who shall serve for a three (3) year term, established on a staggered basis, one (1) term expiring annually.
The Mayor may, with the approval of the entire Town Council, appoint a Board of Assessment Review, composed of three (3) members, none of whom shall be a property owner within the corporate limits of the Town, and who shall serve for a three (3) year term, established on a staggered basis, one (1) term expiring annually.
The Town Council may authorize the retention of professional services to assist the Board of Assessment and Board of Assessment Review. In all instances the Board of Assessment shall be responsible for making final assessment determinations, subject to assessment review.
9.1.2
Oaths. Duties. Compensation.
The Members of the Board of
Assessment shall be sworn or affirmed by the Mayor, a Justice of Peace, or Town Alderman, to perform their duties diligently, with fidelity and without favor to the best of their ability, knowledge and judgment. It shall be the duty of the Board of Assessment to make a fair and Impartial assessment of property subject to taxation situate within the corporate limits of the Town and to perform such other duties with reference thereto as shall be prescribed from time to time by the Town Council. The compensation received by such members for the performance of their duties, and the hiring of employees or consultants to assist them in the performance of their duties, shall be approved by the Town Council.
9.1.3 Adoption of Sussex County Assessments.
The Town Council may elect to use the assessment by the Sussex County Board of Assessment for all property located within the corporate limits of the Town In lieu of making its own independent valuation and assessment of such property. In such event, the assessed values established by Sussex County shall be conclusive for purposes of levying Town taxes, and the Town Council shall have no authority to hear appeals (under Sec. 9.3) regarding same. If the Town Council elects to adopt the Sussex County assessments, then Sections 9.1.1, 9.1.2, 9.2, and 9.3 shall not apply.
9.1.4 Addition to Tax Bills.
Whether utilizing the Sussex County assessments or those prepared by the Town's own Board of Assessments, the Town Council shall annually, prior to the posting of the assessment list, by resolution, provide a list of any and all charges, costs or other assessments owed to the Town, which list of charges incurred shall include, but not be limited to, the following: Water assessments, weed and grass cutting bills, trash collection bills and past due water rents.
9.2. Assessment Procedure
9.2.1 Making the Assessment.
If appointed, the Board of Assessment shall, prior to the first day of April of each year, make a just, true and impartial annual valuation and assessment of all real estate located within the corporate limits of the Town, based on current fair market value. All real estate shall be described with sufficient particularity to be identified and shall be assessed to the owner or owners thereof. If such owner or owners of real estate cannot be found or ascertained, the property shall be assessed to "Owner Unknown". A mistake in the name of the owner or owners or a wrong name of an assessment to "Owner Unknown" shall not affect the validity of the assessment or the tax based thereon; provided, however, that the assessment shall specify the last record owner or owners of the property as the same shall appear in the records of the Office of the Recorder of Deeds, in and for Sussex County.
9.2.2 Assessment of Members of the Board of Assessment.
The real property of the members of the Board of Assessment shall be valued by an ad hoc group of three (3) local real estate brokers selected by the Town Council.
9.2.3 Delivery of Assessment List.
The Board of Assessment, after making such annual valuation and assessment, shall deliver to the Town Council a list containing the names of owners of all properties assessed and the amount of assessment against each.
9.3 Assessment Appeals.
9.3.1 Authorization of Appeal.
Any aggrieved property owner may appeal (1) his property assessment and (2) additions to his tax bill pursuant to the provisions of this Section and procedures established by the Town Council.
9.3.2 Posting of Assessment List: Notice. Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council shall cause a full and complete copy of the same, containing the amount assessed to each property, to be made available for public inspection at the Town Office for a period of at least sixty (60) days. Appended thereto, and also in five (5) or more public places in the Town, shall be posted a notice of the date and place where the assessment list has been made available, stating that, a day shall be set (not earlier than sixty (60) days after the assessment list has been made available), for the Board of Assessment Review to hear assessment appeals and make such corrections and revisions deemed appropriate. Any aggrieved property owner may file an appeal within ninety (90) days after the first day of posting of the assessment list. Such notice shall also be published at least once in at least two (2) newspapers of general circulation in the Town not less than thirty (30) days prior to the date set for such appeals.
9.3.3 Appeals Bar.
On the day set for such appeals, the Board of Assessment Review will hear appeals from the said assessment and correct and revise the assessment as deemed appropriate. The Board of Assessment Review shall have full power and authority to alter, revise, increase, or reduce the said assessment. The decision of a majority of the Board of Assessment Review shall be final and conclusive, unless an appeal is taken to the Superior Court of the State of Delaware in and for Sussex County within thirty (30) days from the date of the Board's decision.
The Board of Assessment shall be present at all appeal hearings and shall furnish to the Board of Assessment Review such information as it may require in respect to any assessment for which an appeal has been taken.
10. Levy of Taxes. Fees Special Assessments and Other Charges (hereinafter referred to as "taxes").
10.1 Establishment of Balanced Budget.
After the valuation and assessment process has been completed, the Town Council shall adopt an annual balanced operating budget, and may adopt a capital budget for the ensuing fiscal year, including sufficient revenue to meet the fixed and anticipated expenses and obligations of the Town, reasonable and appropriate reserves and a reasonable amount to cover emergencies.
10.2 Determination of Revenue Sources. The Town Council shall determine the appropriate revenue sources within the limits prescribed by this Charter, with respect to the amount to be raised from each such source. It shall then determine, assess, fix and/or levy as follows:
10.2.1 Real Estate and Improvements. The rate of tax on real estate including improvements, shall be fixed per one hundred dollars ($100.00) of the assessed value. and/or
10.2.2 Real Estate Transfer Tax.
Appropriate transfer taxes to be charged upon the transfer of real property, or any interest in real property, situate within the corporate limits of the Town, provided, however, that no tax levied under this Section shall exceed one percent (1%) of the sales price (including the value of any assumed mortgage or mortgages) or fair market value of the real property so transferred; and provided, further, that no tax shall be levied upon an organization exempted from ad valorem real estate taxes; and/or
10.2.3 License Fees
Appropriate license fees to be charged for carrying on or conducting of the several businesses, professions or occupations as authorized by Sec. 4.2.35 of this Charter; and/or
10.2.4 Municipal Services.
Appropriate charges for furnishing water service, front footage assessment, trash collection, and other services authorized by the Town Council; and/or
10.2.5 Other Services.
The fees or rates to be charged in respect to any other authorized source of revenue; and/or
10.2.6 Business Taxes
Appropriate taxes on the gross receipts of any business activity, as defined by the Town Council, conducted within the corporate limits of the Town.
10.3
Levy of Real Property_141.
The setting of the tax rate by Town Council resolution shall constitute the levy of such taxes in accordance with the assessment list (subject to any pending assessment appeals to the Superior Court).
10.4 Special Assessment
The Town Council is empowered to levy a special assessment against any or all real property situated within the corporate limits of the Town, when determined by the Council to provide a necessary public work, improvement, or municipal service. Such assessments shall be duly collected, the proceeds of which shall be applied for the payment of the cost of such work, improvement, or service, provided, however, that if such assessment shall apply to all properties within the Town, it shall first be approved by majority vote of the Town voters in a special election. In order to proceed under the powers granted in this Section, the Town Council shall authorize such special assessment in the following manner:
10.4.1 The Town Council, by resolution, shall give notice to the voters of the Town that the Town Council proposes to levy a special assessment against any or all real property situated within the corporate limits of the Town. The resolution shall state the amount of money desired, the purpose for which it is desired, and all other pertinent facts relating to the assessment which are deemed pertinent by the Council in its possession at the time of the passage of the resolution and shall fix a time and place for a public hearing on the said resolution.
10.4.2 Notice of the time and place of the public hearing on the
resolution authorizing the special assessment shall be published at least once in at least two (2) newspapers having a general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the public hearing. In addition to such publication, the Town Council shall cause notices to be posted in at least five (5) public places in the Town not less than thirty (30) days, and not more than forty-five (45) days prior to the day set for the public hearing. Notices concerning such public hearings shall be in bold print or bordered in black, in such manner as to call attention thereto;
10.4.3 If, following the public hearing, the Town Council
determines to proceed with the proposed special assessment, it shall adopt a second resolution ordering a special election, to be held not less than thirty (30) days, nor more than sixty (60) days after the said public hearing relating to the special assessment. The adoption of the second resolution calling a special election shall be considered the determination of the Town Council to proceed with the matter in issue; 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 the Town Council pursuant to this Section, the election on the proposed special assessment may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly.
10.4.4 The notice of the time and place of holding such special election shall be printed in one (1) issue of two (2) newspapers having general circulation in the Town of South Bethany, not less than thirty (30) days, nor more than forty-five (45) days prior to the special election. In addition to such publication, the Town shall cause to be posted in at least five (5) public places in the Town, not less than thirty (30) days and not more than forty-five (45) days prior to the special election, public notices concerning the special election. In addition to the time and place of the special election, such notices shall contain the same information as required under Sec. 10.4.1, and shall be in bold print or bordered in black, in such manner as to call attention thereto.
10.4.5 At such special election, any person who is entitled to vote in the annual municipal election, if ft were held on that day, shall be entitled to one (1) vote. For purposes of this Section, "entitled to vote" shall include "registered to vote" if voter registration is required for the annual election. 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 Special Assessment
( ) Against the proposed Special Assessment
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 Election. The polling place shall be opened for a minimum of six (6) hours, as specified by resolutions of the Town Council. Persons in the polling place at the time scheduled for closing of the polls shall be entitled to vote;
10.4.6 The Board of Special Election shall be the sole and final judge of the legality of the 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 special assessment and shall announce the result thereof. The Board of Special Election shall execute a certificate of the number of votes cast "for" and "against" the proposed Special Assessment and the number of void votes, and shall deliver the same to the Town Office.
10.4.7 If a majority of the votes cast at such special election shall be in favor of such special assessment, the Town Council shall proceed with the special assessment.
10.5 Limitation on Taxes.
The total amount of money to be raised by real property taxes and special taxes levied or imposed in connection with any municipal bond issued (Sec.13.2.7), shall in no year exceed two (2) percent of the total appraised valuation of all taxable real estate (and improvements thereon) in the Town.
10.6 Savings Clause. Nothing contained in this Charter shall be
construed to affect or impair, in any way, the validity of any taxes lawfully levied, assessed or due the Town under existing laws in reference to said Town.
11. Collection of Taxes. Fees. Special Assessments and Other Charges (hereinafter referred to as taxes).
11.1 Collection by Town Manager or Tax Collector
(a) After the Town Council shall have set the real estate tax rate pursuant to Sec. 10.2.1, the Town Manager or duly appointed Tax Collector, shall proceed to collect the taxes so levied.
(a) The Town Manager or duly appointed Tax Collector, shall
collect the taxes fixed pursuant to Sec. 10.2.
(b) The Town Council shall obtain a bond for the Town Manager or duly appointed Tax Collector, in a form suitable to the Town Council with sufficient surety, in favor of the Town, in a sum to be determined by the Town Council for the collection of all such taxes and for the payment of them to the Town Treasurer.
11.2
Posting of Charges
Whether utilizing the Sussex County assessments or those prepared by the Town's own Board of Assessment, the Town Council prior to posting the assessment list shall provide annually for the Town Manager or duly appointed Tax Collector, a list of any and all charges, costs or other assessments owed to the- Town, which list shall include but not be limited to, the following: water bond sinking funds assessments, water assessments, weed and grass cutting bills, trash collection bills, past due water use charges, and other special assessments. Said amounts shall be shown on the copies of the assessment list posted pursuant to the provisions of Sec. 9.3.2 of this Charter.
11.3
Lien. All taxes imposed by the Town- shall be and constitute a lien for a period of ten (10) years from the date so levied, upon the real property against which such charges are imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any charges so levied. Such lien shall have preference and priority over all other prior liens on such real property, although such lien or liens be of a time and date prior to the time of attaching of such lien for taxes.
11.4 Due Date.
All taxes and other charges, when and as collected by the Town Manager or duly appointed Tax Collector, shall be paid to or deposited to the credit of the Town in federally insured banking institutions, or the Delaware Local Government Investment Pool, and State of Delaware agencies approved by the Town Council. All taxes shall be due and payable at and from the time the tax rate is set pursuant to Sec. 10.2.1.
11.5 Place of Payment
All taxes shall be payable at the Town Office during the normal business hours of that office.
11.6 Penalty_for Late_Pament:testion _Fee.
All taxes unpaid on such date as specified by ordinance, shall be considered- delinquent. On such delinquencies, an appropriate penalty shall be imposed by the Town Council except that the Town Council may make just allowances. In addition, a collection charge, reasonably calculated to recover the cost of such collection, may be Imposed.
11.7 Exemption from Taxation
The Council shall have the power by ordinance to allow credits to reduce the taxes otherwise imposed by this Section with respect to real property owned by taxpayers of low income who have an annual adjusted gross income not exceeding an amount as set by ordinance, excluding Social Security and/or Railroad Pension Fund, and who are over sixty-two (62) years of age.
12. Remedies. Powers and Methods for Collection of Taxes Fees. Special
Assessments and Other Charges (hereinafter referred to as taxes).
12.1 Prior Notice
Before exercising any of the powers herein given
for the collection of taxes written notice of the amount due shall be sent to the delinquent taxpayer at his/her last known address.
12.2 __QghtAraism. When any tax has become delinquent, the Town Manager may, in the name of the Town of South Bethany, institute suit before any court of competent jurisdiction for the recovery of the unpaid amount in an action of debt. Upon judgment obtained, the Town Manager may sue out writs of execution as in the case of other judgments recovered before any court of competent jurisdiction provided, however, that as to any personal property of the delinquent taxpayer located in Sussex County and levied upon by the Sheriff within sixty (60) days after the writ of execution was delivered into his or her hands, the lien of judgment shall have priority over all other prior liens against such personal property created or suffered by the delinquent taxpayer (excepting only the liens of the Federal, State or Sussex County governments).
12.3 Sale of Lands.
Should the Town Manager so elect, and without the necessity of employing any or all of the other remedies provided herein, the Town Manager is authorized and empowered to sell the lands and tenements of a delinquent taxpayer or the lands and tenements alienated by a delinquent taxpayer subsequent to the levy of the tax by the following procedure:
12.3.1 The Town Manager shall present, in the name of the Town of South Bethany, to the Superior Court of the State of Delaware, in and for Sussex County, a petition in which shall be stated:
(a) the name of the person owing payment;
(b) the year for which tax was levied, assessed or charged;
(c) the rate of tax;
(d) the total, amount due; the date from which the penalty for nonpayment, if any, shall commence and the rate of such penalty and any collection charge permitted;
(f) a short description of the lands and tenements proposed to be sold, sufficient to reasonably identify same;
(g) a statement that the bill of said tax has been mailed to the delinquent taxpayer at his or her last known post office address with return receipt requested by certified mall and postage prepaid, together with a notice that the Town Manager will proceed to sell the lands and tenements of the delinquent taxpayer for payment of the tax due the Town; and the date of such mailing; and
(h) the petition shall be signed by the Town Manager and shall be verified before a Notary Public.
12.3.2 At least ten (10) days prior to the filing of any such petition as described herein, the Town Manager shall deposit in the mail in a sealed and stamped envelope and addressed to the delinquent taxpayer at his or her last known post office address requiring a return receipt, an itemized statement of the tax together with all penalties, collection charges, and costs then due thereon, together with a notice to the delinquent taxpayer that he/she shall proceed to sell the lands and tenements of such taxpayer for the payment of the tax. The Town Manager shall exhibit the return registry receipt to the Superior Court by filing the same with the petition; provided, however, that if the taxpayer cannot be found, or if delivery is refused, it shall be sufficient for the Town Manager to file with said petition evidence that such statement has been mailed in accordance with this subsection and has been returned.
12.3.3 Upon the filing of the petition, the prothonotary shall record the same in a properly indexed record of the Superior Court of the State of Delaware, in and for Sussex County, and shall endorse upon the said record of said petition the following:
This petition, filed the _day of A.D. . (giving
year and date) and the Town Manager is hereby authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the delinquent amount. This endorsement shall be signed by the prothonotary.
12.3.4 Any sale of lands and tenements of a delinquent taxpayer shall be advertised in five (5) public places in the Town, one (1) of which shall be on the premises to be sold and by printing the notice of said sale at least one (1) time in a newspaper of general circulation in the Town. Such public notice shall be in bold print or bordered in black, in such manner as to call attention thereto, and shall contain the day, hour, place of sale and a short description of the premises sufficient to identify the same. The handbills shall be posted at least fifteen (15) days before the day of the sale.
12.3.5 Each sale of lands and tenements shall be returned to the Superior Court of the State of Delaware, in and for Sussex County, at the next Motion Day thereof following the sale, and the Court shall inquire into the circumstances and either approve or set aside the sale. If the sale be set aside, the said Superior Court may order another sale until the tax be collected. No sale shall be approved by the Superior Court if the owner or his or her designee be ready at court to pay the taxes, penalty, collection fees, and costs. If the sale be approved, the Town Manager making the sale shall execute a deed to the purchaser which shall convey the right, title and interest of the delinquent taxpayer or his alienee; provided however, that no deed shall be delivered to the purchaser until the expiration of one (1) year from the date of the sale within which time the taxpayer or his alienee, heirs, executors, administrators or assigns, shall have the power to redeem the lands on payment to the purchaser, his personal representatives or assigns of the costs._ the amount of the purchase price, plus twenty (20) percent, and the expense of having the deed prepared. All taxes assessed after the sale and before the delivery of the deed shall be paid by the purchaser at said sale who shall be reimbursed by the delinquent taxpayer in the event of redemption to which shall be added twenty (20) percent thereon.
In the event the purchaser refuses to accept the same, or in the event he or she, or his or her heirs or assigns, cannot be located within the State of Delaware, it shall be lawful for the owner, his or her heirs, executors, administrators, and assigns, to pay the redemption money to the Town Manager and upon obtaining from him or her a receipt therefor, such receipt shall be considered a valid and lawful exercise of the power to redeem the said lands.
In the event the lands have not been redeemed within the redemption year, the Town Manager shall deliver to the purchaser,
his or her heirs, executors, administrators, or assigns, a deed which shall convey the title of the delinquent taxpayer(s).
The petition, return and deed shall be presumptive evidence of the regularity of the proceeding.
12.3.6 After satisfying the taxes or other charge due and the courts costs and expenses of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land. If he or she shall refuse to accept said remainder, or if the owner be unknown or cannot be found, the amount remaining shall be deposited in a bank either to the credit of the owner or in a manner in which the fund may be identified.
12.3.7 In the sale of the lands and tenements for the payment of delinquent taxes, the following costs shall be allowed to be deducted from the proceeds of the sale or chargeable against the owner, as the case may be, in the amount customarily charged;
(a) to the prothonotary for filing and recording the petition;
(a) to the Recorder of Deeds for filing and recording the
return of sale; and
(b) to the Town Manager for:(1) preparing the certificate, (2) making the sale of lands and tenements, (3) preparing and filing a return, and (4) posting sale bills; and
(c) attorneys' fees.
In addition, the costs of printing handbills, the publication of the advertisement of sale in a newspaper, and the auctioneer's fee, if any, shall be chargeable as costs. The costs of the deed shall not be chargeable as costs, but shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware transfer tax shall be paid by the purchaser of said lands and tenements at the tax sale.
12.3.8 If the owner of any lands and tenements against which a tax or other charge shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale and in the petition to the Court.
12.3.9 If any person be assessed for several parcels of land and tenements in the same assessment in the Town, the total of said taxes or other charges may be collected from the sale of any part or portion of said 'encl..; and tenements.
12.3.10 In the event of death, resignation, or removal from office of the Town Manager, before the proceedings for the sale of lands shall have been completed, the successor in office shall succeed to all powers, rights, and duties in respect to said sale. In the event of the death of the purchaser at said sale prior to receiving a deed for the property purchased thereat, the person having right by consent, devise, assignment or otherwise, may file with the Superior Court of the State of Delaware, In and for Sussex County, a petition representing the facts and praying for an order authorizing and requiring the Town Manager to execute and acknowledge a deed conveying to the petitioner the premises so sold, and thereupon the Court may make such order adjudging the conveyance of the premises as shall be according to justice and equity.
12.3.11 The Town Manager shall have the same right to require the aid or assistance of any person or persons in the performance of the Manager's duty of sate which the Sheriff of Sussex County now has by law or may hereafter have.
12.4 In addition to all of the remedies, methods, and authorities for the collection of taxes, the Tax Collector shall have the same rights in the collection of taxes as the Tax Collector or Receiver of Taxes as Sussex County now has by law or may hereafter have including the monition method for the collection of such taxes.
13. Borrowing Powers.
13.1 Short-Term Borrowing. Voter Approval Not Required.
The Town Council shall have the power to borrow money on the full faith and credit of the Town, without approval of the voters and without regard to the provisions of Sec. 13.2 of this Charter, such principal sum or sums not exceeding in the aggregate one hundred thousand dollars ($100,000.00), for general purposes only when, in the opinion of the majority of the Town Council, the needs of the Town require it; provided, however, that any new borrowing under this Section made after the effective date of this Charter shall, by its terms, be repayable in full within five (5) 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 Town Council duly authorized by resolution of the Town Council and signed by the Mayor and attested by the Secretary of the Town with the Town Seal affixed. No Town Council member shall be liable for the payment of any such note or any other evidence of indebtedness because it is signed by such Town Council member, provided that such signature be authorized by the Town Council. Such notes or evidences of indebtedness and the interest thereon shall be exempt from all taxation by the State of Delaware, its agencies and political subdivisions. Any sum(s) of money borrowed on the full faith and credit of the Town shall be repaid from the general fund of the Town. At no time shall the amount of outstanding principal from any such borrowing or borrowings under this Section exceed the sum of one hundred thousand dollars ($100,000.00).
13.2 Long-Term Borrowing, Voter Approval Required. In addition to other borrowing powers granted to the Town under this Charter or by State law, the Town Council shall have authority to borrow money for any proper municipal purpose through the issuance of bonds or other evidence of indebtedness to secure the repayment thereof, on the full faith and credit of the Town, or such other security or securities as the Town Council shall elect, for the payment of principal thereof and interest due thereon.
13.2.1 Proper Municipal Purpose. By way of illustration and not in limitation, any proper municipal purpose" includes, but is not limited to:
(a) refunding any or all outstanding bonds or other
indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein;
(b) erecting, extending, enlarging, maintaining or repairing any plant, building machinery or equipment for the manufacture, supplying or distribution of water, sewerage or drainage system, or any of them, and the condemning or purchasing of any lands, easements, and rights-of-way which may be required therefor;
(c) constructing, paving, laying out, widening, extending, repairing, and maintaining of streets, curbing and gutters, including storm sewers along the same and the condemning or purchasing of lands, easements or rights-of-way which may be required therefor;
(d) constructing, laying out, widening, extending, repairing and maintaining piers, bulkheads, cross walks, embankments, beach nourishment, revetments, groins or dunes or any of them, and the condemning or purchasing of any lands, easements, or rights-of-way which may be required therefor;
(a) defraying the costs to the Town of any other municipal improvement provided for or authorized or implied by the provisions of this Charter; and
(a) paying all expenses deemed necessary by the Town Council for the issuance of said bonds or other evidence of indebtedness, including bond discount and legal expenses of bond counsel.
13.2.2 Exempt from Taxation.
All bonds or other evidences of indebtedness issued by the Town pursuant to the provisions of this Section, and the interest thereon, shall be exempt from all state, county, or municipal taxes.
13.2.3 Limit of Aggregate Long-Term Indebtedness.
In no event shall the indebtedness of the Town, authorized by this Section, at any one time exceed, in the aggregate, five (5) percent of the appraised value of all real property within the corporate limits of the Town and subject to assessment for the purpose of levying the annual taxes as provided in this Charter.
13.2.4 Procedure: Notice Hearing. Special_Election.
In order to proceed under the power granted in this Section, the Town Council shall authorize such borrowing in the following manner:
(a) The Town Council, by resolution, shall give notice to the voters of the Town that the Town Council proposes to borrow a certain sum of money for a stated municipal purpose. The Town Council 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 the same, and all other pertinent facts relating to the loan which are deemed pertinent by the Council and in its possession at the time of the passage of the resolution and shall fix a time and place for a public hearing on the said resolution.
(b) Notice of the time and place of the public hearing on the resolution authorizing said loan shall be published at least once in at least two (2) newspapers having a general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days period to the day set for the public hearing. In addition to such publication, the Town Council shall cause to be posted, in at least five (5) public places in the Town of South Bethany, not less than thirty (30) days and not more than forty-five (45) days prior to the day set for the public hearing and notices concerning such public hearing; such public notice shall be in bold print or bordered In black, in such manner as to call attention thereto, and shall contain the purpose for which the loan is desired and the manner of securing the same, plus all other pertinent facts relating to the loan. The last date of publication or posting
shall control.
(a) If at any time following the public hearing, the Town Council determines to proceed with the proposed borrowing it shall pass a second resolution ordering a special election, to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing, to borrow the said money. The said special election shall be for the purpose of voting for or against the proposed loan. The passage of the second resolution calling a special election shall be considered the determination of the Town Council to proceed with the matter in issue.
(b) The notice of the time and place of holding such special election shall be printed in two (2) consecutive issues of two (2) newspapers having general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the special election; such public notice shall be in bold print or bordered in black, in such manner as to call attention thereto and the last date of publication or posting shall control; in addition to such publication, the Town Council shall cause to be posted in at least five (5) public places in the Town not less than thirty (30) days and not more than forty-five (45) days prior to the special election, public notices concerning the special election; in addition to the time and place of the special election, such notices shall contain the same information as required under Sec. 13.2.4(a) above;
(a) At such special election, any person who is entitled to vote in the annual municipal election, if it were held on that day, shall be entitled to one (1) vote. (For purposes of this Section,
"entitled to vote" shall include "registered to vote" if voter registration is required for the annual municipal election); 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 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 Election. The polling place shall be opened for a minimum of six (6) hours, as specified by resolution of the Town Council. Persons in the polling place at the time scheduled for closing of the polls shall be entitled to vote;
(f) The Board of Special Election shall be the sole and final judge of the legality of the 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 Election shall execute a certificate 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 Town Office.
(g) If a majority of the votes cast at such special election shall be in favor of such borrowing, the Town Council shall proceed with the issuance of the said bonds or evidences of indebtedness.
13.2.5 Form of Bonds.
The form of the bonds or evidences of indebtedness, attached coupons, if any, the time or times of payment, the interest rate, the classes, the series, the maturity date, the registration and any callable or redeemable feature, the denomination, the name thereof and any other relative or appurtenant matter pertaining thereto shall all be determined by the Town Council after said special election.
13.2.6 Public or Private Sale.
Bonds may be sold at either public or private sale. If the bonds shall be offered for public sale, they shall be sold to the best and most responsible bidder(s) therefor after advertisement in a manner to be prescribed by the Town Council for at least one (1) month before offering the same for sale.
13.2.7 Provision for Payment: Special Tax. Sinking Fund.
The Town
Council shall provide for the payment of interest and principal on the said bonds or evidences of indebtedness at the maturity thereof. The Council is authorized and empowered, at its discretion, to levy a special tax upon all the real estate within the Town, or only upon such real estate as is directly benefitted by the improvements paid for by the proceeds of such borrowing, to pay interest and/or principal; and at its discretion, to establish a sinking fund adequate to the redemption, at or before maturity, of all bonds or evidences of indebtedness which may be issued under the provisions of this Section; provided, that the amount to be raised under any special tax for this purpose shall not, in any one (1) year, exceed a sum equal to five (5) percent of the total of such indebtedness, The special tax provided for in this Section shall be collected from the owners of real estate in the same manner as other taxes levied by the Town Council are collected. The Town Council may also appropriate and set aside for such sinking fund as much of the general fund of said Town as it may from time to time think advisable. The sinking fund provided for by this Section shall be deposited in federally insured accounts in a bank, trust company, or other banking institution until such time as it may be needed for the redemption of the bonds.
13.2.8 Full Faith and Credit Unless Otherwise Stated.
Unless any
such bond(s) or evidence(s) of indebtedness shall provide
otherwise, the full faith and credit of the Town shall be deemed to be pledged for the due payment thereof and the interest thereon issued under the provisions of this Section when the same shall have been properly executed and delivered for value, notwithstanding any other provisions of this Charter.
13.2.9 Statute of Limitations.
No action contesting any
proceeding conducted or action taken by the Town Council hereunder regarding the authorization of any bond(s) or evidence(s) of indebtedness issued under this Section shall be brought after the expiration of sixty (60) days from the date of a notice published at least once in at least two (2) newspapers, one (1) of which shall be of general circulation in the Town and one (1) of which shall be of general circulation in the State of Delaware, which notice shall announce the following information:
(a) that the Town Council has determined to borrow a certain sum of money and to issue bonds or evidences of indebtedness therefor;
(b) that the proposal has been approved 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;
(c) the amount of money to be borrowed;
(d) the purpose for which it is to be borrowed; and
(e) that any person desiring to challenge the authorization of such bond(s) or evidence(s) of indebtedness must bring his or her action within sixty (60) days from the date of publication of such notice or forever be barred from doing so. In the event that the two (2) newspapers do not publish the notice 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.
14. Use of Town Monies
The Town Council shall have full power and
authority to use the money in the Treasury of the Town, or any portion thereof, from time to time, for the improvement, benefit, protection, ornamentation, and best interest of the Town, as the Council may deem proper, and to use Town money to accomplish and carry into effect all acts and things which it has power to do by virtue of the Laws of the State of Delaware, this Charter and all ordinances and resolutions enacted by Town Council.
14.1 Proposed Capital Expenditure. Any proposed capital expenditure of Town funds in an amount exceeding one hundred thousand dollars ($100,000.00) shall first be submitted for approval by the qualified voters of the Town in a special election. Funds derived from long-term loans (Sec. 13.2) are not subject to this requirement.
14.2 Procedure: Notice. Hearing. Special Election.
In order to proceed under the power granted in this Section, the Town Council shall propose the expenditure of an amount exceeding one hundred thousand dollars ($100,000.00) in the following manner:
(a) The Town Council, by resolution, shall give notice to the voters of the Town that the Town Council proposes to spend monies in excess of one hundred thousand dollars ($)00,000.00) for a stated municipal purpose. The resolution shall state the amount of money
which may be stated as a "not to exceed" amount, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the expenditure which are deemed pertinent by the Council and in its possession at the time of the passage of the resolution and shall fix a time and place for a public hearing on the said resolution;
(a) Notice of the time and place of the public hearing on the resolution authorizing the expenditure shall be published at least once in at least two (2) newspapers having a general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days prior
to the day set for the public hearing. In addition to such publication, the Town Council shall cause to be posted, in at least five (5) public places in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the day set for the public hearing, notices concerning such public hearings; such public notice shall be In bold print or bordered in black in such manner to call attention thereto, and shall contain the purpose of the expenditure and all pertinent facts relating to the expenditure. The last date of publication or posting shall control.
(c) If, at any time, following the public hearing, the Town
Council determines to proceed with the proposed expenditure, it shall pass a second resolution ordering a special election to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing, to authorize the expenditure.
The said special election shall be for the purpose of voting for or against the proposed expenditure. The passage of the second resolution calling for a special election shall be considered the determination of the Town Council to proceed with the matter in issue, 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 the Town Council pursuant to this Section, the election on the proposed expenditure may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly.
(a) The notice of the time and place of holding such special election shall be printed in one (1) issue of two (2) newspapers having general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the special election; such public notice shall be in bold print or bordered in black in such manner as to call attention thereto and the last date of publication or posting shall control; in addition to such publication the Town Council shall cause to be posted in at least five (5) places in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the special election, public notices concerning the special election; in addition to the time and place of the special election, such notices shall contain the same information as required under this Section.
(a) At such special election, any person who is entitled to vote in the annual municipal election, if it were held on that day, shall be entitled to one (1) vote. (For purposes of this Section, "entitled to vote" shall include "registered to vote" if voter registration is required for the annual municipal election). Any special election held pursuant to the provision 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 expenditure
( ) Against the proposed expenditure
The Mayor, by and with the advice of the Town Council, shall appoint three (3) persons to act as a Board of Special Election. The polling place shall be opened for a minimum of six (6) hours, as specified in the resolution of the Town Council. Persons in the polling place at the time scheduled for closing of the polls shall be entitled to vote;
(a) The Board of Special Election shall be the sole and final
judge of the legality of the votes offered at such election. It shall keep a true and accurate list of all persons voting. It shall count the votes for and against the proposed expenditure and shall announce the result thereof. The Board of Special Election shall execute a certificate of the number of votes cast for and against the proposed expenditure and the number of void votes and shall deliver the same to the Town Office.
15. Annual Audit
The Town Council shall retain a certified public accountant to be the Auditor of Accounts of the Town. It shall be the duty of the Auditor to audit the accounts of the Town and all its officers whose duties involve the collection, custody, or disbursement of Town monies. The Auditor shall audit the books of the Alderman and the Assistant Alderman and the records of all fines, penalties, costs imposed or collected by them pursuant to any judgment, order or decree made. The Auditor shall, on or before expiration of one hundred twenty (120) days after the end of each fiscal year, make and deliver a detailed report of all accounts, records, and books examined and audited by such Auditor which report shall be available for public inspection. Notice of the filing of the Auditor's report shall be published at least once in a newspaper of general circulation in the Town within thirty (30) days of its receipt by the Town Council. The Auditor, in the performance of official duties, shall have access to all records and accounts of the Town.
16. Alderman's Court,
16.1 Establishment and Appointment.
The Town Council may establish an Alderman's Court and may appoint a suitable person to serve as Alderman who shall serve for a term of two (2) years, or for a lesser term as determined by Town Council, or until a successor is duly appointed, subject, however, to being removed from office for just cause at any time by majority vote of the Town Council. The Town Council may, in addition, appoint an Assistant Alderman subject to the same conditions.
16.2 Qualifications.
Any person appointed to serve as Alderman or Assistant Alderman shall be at least twenty—five (25) years of age, a United States citizen of good character and reputation, and shall reside in Delaware no farther than fifteen (15) miles from the corporate limits of the Town. Such person shall not be a member of the
Town Council, an officer, or an employee of the Town.
16.3 Oath of Office.
Before entering upon the duties of such office, the persons appointed to serve as Alderman and Assistant Alderman shall be sworn or affirmed by the Mayor to perform the duties of such office honestly, faithfully and diligently.
16.4 Duties.
It shall be the duty of the Alderman and Assistant Alderman to render judgements on charges of breaches of the peace, offenses and violations of the Town Charter, Town ordinances, and the Constitution and Laws of the United States and the State of Delaware, and impose penalties in accordance with existing law.
16.5 Jurisdiction
The Alderman and Assistant Alderman shall have jurisdiction and cognizance of all such breaches of the peace, offenses and violations committed within the corporate limits of the Town, provided that they shall have no jurisdiction over any dispute between or among private parties. The Alderman and Assistant Alderman shall be authorized and empowered to, hold for bail, set bail, impose fines or imprison offenders for any such breach of the peace, offense or violation in accordance with appropriate penalties, provided, however, that the maximum penalty which the Alderman or Assistant Alderman may impose shall not exceed the limits established by the Town Charter, Town ordinances, and the Laws of the State of Delaware. The Delaware Correctional Institution, in Georgetown, Delaware, may be used for imprisonment under this Charter.
Neither the Alderman nor the Assistant Alderman shall be authorized to impose any fine in excess of five hundred dollars ($500.00), exclusive of costs, nor imprisonment for more than thirty (30) days, or both.
16.6 Costs.
The Alderman and Assistant Alderman may, in addition to any fine or term of imprisonment permitted to be imposed, assess and collect such costs as are set by an ordinance- enacted by the Town Council, provided that no such costs may be imposed which are in excess of those which may be imposed by a Justice of the Peace for like service.
16.7 Alderman's Docket.
Appropriate enforcement records shall be provided for
the use of the Alderman and the Assistant Alderman. Such records shall be known as the "Alderman's Docket". The Alderman and Assistant Alderman shall record all official acts and proceedings in the Alderman's Docket.
16.8 Monthly Report to Town
Council The Alderman and Assistant Alderman shall prepare and submit a monthly report to the Town Council reporting all fines, penalties, and costs imposed during the preceding calendar month and shall pay to the Town all such fines and costs at such times as the Town Council shall direct. They shall submit periodic reports as required by the State of Delaware.
16.9 Compensation.
The Alderman and Assistant Alderman shall receive such compensation as may be fixed from time to time by action of the Town Council, which compensation shall not be contingent upon or related to the amount of any fines imposed or collected.
16.10 Bonding.
The Alderman and Assistant Alderman shall be bonded by a company duly authorized to do business in the State of Delaware in such amount as determined by the Town Council. The cost of said bond shall be paid out of Town funds.
16.11 Removal from Office.
If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he or she shall deliver to the Mayor within five (5) days after removal from office, all the books and papers belonging to the office, and shall pay over to the Town all funds on hand within five (5) days after reviewing the notice of such removal from office. The Mayor shall require an immediate audit to be made of the books and papers of the official so removed from office. Upon the neglect or failure to deliver all the books and papers to the Mayor within the time specified by this Charter, or to pay over all of the moneys to the Town within the time specified, the Alderman or Assistant Alderman, so removed, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each day of such delinquent behavior.
17. Police and Public Safety.
17.1 Appointment of Chief of Police and Other Police Department Personnel.
The Town Council shall establish a Police Department consisting of a Chief of Police and such police officers and subordinates as the Town Council shall determine. The Town Council shall from time to time make such administrative rules and regulations as may be necessary for the staffing, organization and operation of the Police Department. The Chief of Police shall be appointed by the Mayor subject to ratification by the Town Council and shall serve at the pleasure of the Town Council.
17.2 Police Department Operational Control
Staffing shall be determined by the Town Council and operational control of the Police Department shall be the responsibility of the Chief of Police. The Chief of Police shall be answerable to the Town Manager for all administrative duties and responsibilities, but he or she shall be subordinate to the Mayor and Town Council.
17.3 Police Department Duties and Functions.
Each member of the
Police Department shall have all the police powers and authority of a State Police Officer and shall be a conservator of the peace throughout the Town, and shall suppress all acts of violence and enforce all laws relating to the safety of persons and property. Such member shall, within the corporate limits of the Town of South Bethany, compel the enforcement of all ordinances enacted by the Town Council of the Town of South Bethany and all criminal laws and motor vehicle laws enacted by the State of Delaware. In the case of a pursuit of an offender, the power and authority of the Police Department shall extend outside the corporate limits of the Town of South Bethany to any part of the State of Delaware. It shall be the duty of the Police Department to suppress riotous, disorderly, or turbulent assemblies of persons in all public places of the Town, and upon view of the above or upon view of any violation of any ordinance of the Town relating to the peace and good order thereof, the Police Department shall have the right and power to arrest without warrant.
17.4 Beach Patrol. There shall be a Beach Patrol, the number of which shall be determined by the Town Council. The Beach Patrol shall consist of a Captain and such other members and subordinates as the Town Council shall determine. The Town Council shall have the power to
establish administrative rules and regulations governing the qualifications of members of the Beach Patrol; provided, however, that each member of the Beach Patrol shall pass a test substantially equal to the test required of a senior lifesaver by the American Red Cross. The primary responsibility of the Beach Patrol shall be the preservation of human life on and adjacent to all beaches of the Town. In addition, the Beach Patrol shall have such other related duties as the Town Manager may prescribe.
18. Subdivision and Land Development.
18.1 Power to Regulate.
In order to provide for the orderly growth and development of. the Town; to promote the health, safety, prosperity and welfare of the inhabitants and property owners in the Town; to insure the conservation of property values and natural resources, including the protection and beauty of the Town's open lands, water resources, beaches and recreational potential; to preserve the character of the Town as a single-family detached home community; and to afford adequate provisions for public utilities, water supply, drainage, sanitation, vehicular access, educational and recreational
facilities, parkland and open space, among other and related activities, the Town Council shall regulate the subdivision and development of all land in the Town.
18.2 Recording Plats Plots or Plans.
In the event an ordinance of the Town so provides, no plat, plot or plan of land shall be received for filing or recording by the Recorder of Deeds in and for Sussex County unless and until such plat, plot or plan shall have been approved by the Town body so authorized to grant such approvals and the fact of such approvals shall have been endorsed in writing on such plan documents.
1. Streets.
19.1 "Street" Defined.
For all purposes of this Section, the word "street" shall be deemed to include streets, roadways, lanes, guttering, curbing, crosswalks and parking areas but shall not include any state or federal highways.
19.2 Power to Lay Out. Locate Construct Open Close Vacate or Abandon.
The Town Council shall have the power and authority to lay out, locate, construct, open, close, vacate or abandon any street within the Town corporate limits.
19.3 Initiation of Proceedings.
The procedures for taking the action described in Sub-section 19.2 shall be established by ordinance of the Town Council.
19.4 Notice of Nearing.
Such procedures shall require a notice of hearing that contains a description of the proposed action and fixes a date, time and place when the Town Council shall hold a hearing to hear comments and objections concerning the proposal. Such notice of hearing shall be in bold print or bordered in black, in such manner as to call attention thereto. At least thirty (30) days before the date set for such hearing, the notice of hearing shall be printed in a newspaper having a general circulation in the Town and shall be posted in five (5) public places in the Town.
19.5 Notice to Affected Property Owners.
The Town Council shall cause to be sent by certified mail, return receipt requested, to the owner(s) of record of the real estate abutting such street. If the address of the owner be unknown, a copy shall be delivered to any persons occupying the premises, or, If none, posted thereon. Notice to affected property owners under this Sub-section shall be provided at least thirty (30) days before the date set for the hearing.
19.6 Rearing.
At the time and place specified, the Town Council shall permit such residents of the Town or owners of properties affected thereby, to present oral or written comments. After receiving all comments, the Town Council shall, at said hearing, or at a subsequent date, as It may deem proper, adopt a resolution to proceed with the proposed laying out, locating, constructing, widening, altering, opening, closing, vacating or abandoning of any street(s) or parts hereof.
19.7 Payment of Compensation.
In every case where the Town Council shall resolve to proceed with the plan contemplated, or a portion thereof, the Town Council shall award just and reasonable compensation to any person or persons who will thereby be deprived of property by virtue of the execution of the plan so contemplated. Such compensation, if any be awarded, shall be paid by the Treasurer of the Town on a warrant drawn upon him by authority of the Town Council upon delivery of a good and sufficient deed conveying a fee simple title unto the "Town of South Bethany"; which title shall be free and clear of all liens and encumbrances. Notice of compensation shall be given to affected property owners as provided in Sub-section 19.4.
19.8 Property Owner Right of Appeal.
If the owner of the affected property be dissatisfied with the amount of compensation allowed by the Town, said property owner may, within thirty (30) days after such notice was mailed, delivered, or posted on the property, appeal from the written notice of award of compensation such written appeal shall be deposited in the United States mail, by certified mail with return receipt requested and postage prepaid, to the Mayor of the Town, to the effect that such owner is dissatisfied with the amount of such compensation, and that it is the owner's intention to require the Town to condemn such property, or any compensable interest therein, in accordance with Section 23 of this Charter and 10 Del.C. Chapter 61, or any future corresponding provisions of law. In such event, the Town shall proceed in accordance with Section 23 of this Charter and 10 Del.C. Chapter 61, or any future corresponding provisions of law, to condemn such property, or any interest therein, for the purposes herein stated.
19.9 Disposal of Abandoned and Vacated Streets.
Whenever any street or part thereof vacated or abandoned under this Section be owned by the Town, the Town Council may, in its discretion, sell such land at public or private sale and for such consideration as the Town Council shall deem proper. The Town 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.
19.10 Maintaining and Repairing of Streets
The Town Council shall
have full power and authority (1) to regrade, redress and otherwise repair and rebuild all existing streets in the Town; and (2) to reconstruct, rebuild, repave and in any manner improve all existing streets now open or to be hereafter opened for public use in the Town.
19.11 Construction Supervision Standards. The Town Council, in
exercising the authority granted by this Section, may use such materials and substances and such methods of construction and may employ such contractors, engineers, inspectors and other persons as the Town Council may deem necessary. To this end, the Town Council shall have full power and authority to enter into contracts or agreements with the State Highway Department of the State of Delaware for the permanent maintenance and repair of any street within the corporate limits of the Town.
20. Water Systems.
The Town Council shall have full power and authority to provide an adequate supply of potable water for the Town and the inhabitants thereof. To this end, it shall have full power and authority to purchase, acquire by grant or gift, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace and control wells, reservoirs, pumping machines and stations, tanks, standpipes, water mains, fire hydrants and all other instruments for the collection, storage, purification, conveyance and distribution of water, over, on, under or through the lands owned by the Town or belonging to any private individual(s).
The Town Council shall have power to enact ordinances, resolutions, regulations and rules in regard to the use for public or private purposes of water furnished by the Town; the amounts to be paid by the users thereof; the means or methods whereby the same amounts are to be paid by the users thereof; the means or methods whereby the same shall
be collected; the fixing of fines, or penalties, or both, for any willful or negligent injury or damage to or interference with any water system facilities, equipment, or services of the Town.
The Town Council shall have the power to make contracts for the purchase or sale of water and to distribute the same to users within or without the corporate limits of the Town.
The Town Council shall have the power to enter into contracts for the sale of water outside the corporate limits of the Town upon such terms and conditions as the Town Council shall deem necessary; and also to enter into mutual aid agreements with other water suppliers conducting operations near the boundaries of the Town upon such terms and conditions as Town Council shall deem appropriate.
The Town Council shall have the power to grant franchises for an appropriate term of years to use the present or future streets and beach strands of the Town for the purpose of furnishing water to the Town and the inhabitants thereof.
In the interest of the public's health and welfare, the Town Council shall have the power to compel any and all properties to be connected to the water system of the Town.
21. Water Structures.
The Town Council shall have the power and authority to lay out, locate, construct, widen, alter, extend, improve, repair, vacate or abandon structures including, but not limited to, bulkheads, groins, revetments and embankments for the preservation of any beach, strand or waterway within the corporate limits of the Town. In the exercise of such power and authority, such materials and substances and such methods of construction shall be used, and such contractors, engineers, inspectors and other persons shall be employed as the Town Council shall deem necessary, subject to any controlling Federal or State law. In addition, the Town Council may require such actions to be taken.
22. Referendum.
22.1 Referendum Power.
The qualified voters of the Town shall have the right of referendum, and may exercise such right in order to approve or reject, at an election provided for herein, any ordinance, regulation, resolution, or rule promulgated by the Town Council in accord with the provisions of this Charter; provided, however, that such power of referendum shall not extend to any emergency ordinance, to any ordinance authorizing the borrowing of money under Sec. 13.2 ("Long-Term Borrowing"), to any ordinance annexing lands to the Town, to the adoption of an annual balanced operating budget to any ordinance relating to the appropriation of money, to any ordinance relating to the levy of taxes or to any ordinance otherwise subject to Special Election procedures provided under this Charter.
22.2 Petition for Referendum.
In order to initiate a referendum under this Section, a referendum petition shall be presented to the Town Manager or the Town Council, signed by qualified voters, qualified as of the date of such presentation, equal in number to not less than twenty-five (25) percent of the total number of persons who voted in the most recent annual municipal election. Each copy of such petition shall contain the South Bethany address of each of the signers and shall have attached thereto, the full text of the ordinance, resolution, regulation, or rule proposed for reconsideration. The Town shall supply up to five (5) copies of the measure for attachment to the petition(s), and all additional copies shall be furnished by the petitioners. Each signature on a petition shall be executed in ink or indelible pencil.
Each copy of the petition presented to the Town Council shall have attached thereto an affidavit executed by the person circulating such petition, stating that he/she personally circulated the petition and stating further the number of signatures thereon and that such signatures are the genuine signatures of the persons who signed, and that each signer had an opportunity, before signing, to read the full text of the ordinance, regulation, resolution, or rule proposed for consideration.
22.3 Determination of Sufficiency of Petition.
The Town Council shall examine any petition filed under this Section in order to determine whether or not the petition contains the required number of signatures and whether or not each signer is a qualified voter of the Town. If the petition Is found to have an insufficient number of valid signatures, it shall be rejected by the Town Council. Such insufficiency may be "cured" by the addition of signatures of qualified voters and re-submitted within sixty (60) days from the date of rejection by the Town Council.
22.4 Appeal of Council Decision
Any person or persons aggrieved by
the rejection by the Town Council may present to the Superior Court of the State of Delaware for Sussex County, an appeal petition duly verified, setting forth that such rejection is invalid, in whole or in part, specifying the grounds of such invalidity. Such petition shall be presented to the Court within thirty (30) days following the determination by the Town Council as to the insufficiency of the referendum petition. Upon presentation of the appeal petition, the Court may direct the Town Council to reconsider its decision and shall prescribe the time within which a response to the Court must be made and also served upon the petitioner or his attorney. Such time shall not be less than ten (10) days and may be extended by the Court. The Court may reverse or affirm, wholly or in part, or may modify the Council's determination brought up for review.
22.5 Reconsideration Upon Receipt of Petition.
Upon a determination that the referendum petition is sufficient, either by the Town Council or by the Superior Court on appeal, the Town Council shall reconsider the referred ordinance, regulation, resolution, or rule at its next regular meeting following such determination. If the Town Council fails to adopt, amend, or repeal such ordinance, regulation, resolution, or rule, it shall be submitted to the qualified voters for a referendum as hereinafter provided.
22.6 Voting Procedure.
The referendum on a referred ordinance,
regulation, resolution, or rule shall be held not less than sixty (60) days nor more than (90) days from the date on which the Town Council failed to adopt, amend, or repeal such measure. If the annual municipal election is to be held within ninety (90) days from such date, the referendum prescribed in Sub-sec. 22.5 shall be held at that time. If the annual municipal election is not to be held within ninety (90) days from such date, the Town Council shall specify the date for the referendum. If the Town Council fails to hold a referendum within the time specified in this Section, the measure under review shall be deemed to be adopted, amended, or repealed at the expiration of the ninety (90) day period. The referendum shall be conducted in accordance with the following procedure:
(a) At any referendum conducted under this Section, a qualified voter shall be any person who would be entitled to vote in the annual municipal election if it were held on that day. Each qualified voter shall be entitled to one (1) vote.
(b) Notice of the time and place of holding the said referendum shall be communicated to all property owners of the Town by publishing at least once in at least two (2) newspapers having a general circulation in the Town not less than thirty (30) days immediately preceding the date of the referendum. Such notice shall also be posted in five (5) public places in the Town, not less than thirty (30) days immediately preceding the date of referendum. In the event that such publications and posting do not appear on the same date, the date of the last publication or posting shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. The Mayor shall appoint three (3) persons to act as Board of Special Election if the referendum is required. The polling place shall be open for a minimum 'amount of six (6) consecutive hours, the times shall be set by resolution of the Town Council. Persons in the polling place at the time set for the closing of the polls shall be entitled to vote even though such votes may be cast after the time set for the closing of the polls. Immediately after the closing of the polls, the Board of Special Election, or the Board of Election if the referendum is held on the day of the annual municipal election, shall count the ballots for and against the proposition as presented, and shall announce the results thereof. Such Board shall certify the number of votes cast for and against the proposed ordinance and the number of void votes, and shall report the same to the Town Council. Such certification shall be filed with the official records of the Town.
(a) The form of the ballot of the referendum whether held on the day of the annual municipal election or at a special election, shall be as follows:
( ) For the Referred Measure
( ) Against the Referred Measure
(a) If the majority of the qualified voters voting on a referred measure vote in favor of such measure, it shall be considered adopted, amended, or repealed upon the certification of the result of the referendum by the Board of Special Election or by the Board of Election as the case may be. No ordinance, regulation, resolution, or rule
which has been adopted, amended, or repealed as the result of the procedures of Sec. 22 shall be adopted in the same or similar form by the Town Council.
22.7 Non-Binding Referendum.
The Town Council may, on its own initiative, by resolution, determine to hold a non-binding referendum to obtain the opinion of the qualified voters of the Town on any subject which the Council has under consideration.
Any such referendum shall be conducted in such manner and with such public notice, as the Town Council shall determine by resolution provided, however, that any such resolution, and any public notice regarding such non-binding referendum shall clearly specify that such referendum is non-binding. The results of any non-binding referendum conducted under this Section shall not bind or obligate the Town Council to take any action or refrain from taking any action on the subject referred, but shall be informational in nature regarding the opinion of those qualified voters who voted in such election.
23. Eminent Domain.
The Town Council may, by condemnation proceedings, take private property or may exercise the right to use private property within the corporate limits of the Town for any of the purposes authorized by this Charter. The proceedings for such condemnation shall be as prescribed in 10 2al. C. Chapter 61 or any future corresponding provision of law. The right of condemnation shall. not extend to property owned by the United States, the State of Delaware or any agency thereof.
24. Limitation_ on_Liabilttv.
No claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against the Town, any board, commission or agency of the Town, or any Town public officer, employee or member of such Town instrumentalities, whether elected or appointed, and whether now or previously serving as such, in any civil suit, or before any administrative tribunal on any and all tort claims seeking recovery of damages, unless made pursuant to Sub-chapter II, entitled "County and Municipal Tort Claims", consisting of Sections 4010-4013, Title 10 of the Delaware Code or its successor.
25
Indemnification.
The Town shall indemnify, from the general fund of the Town's treasury, to the extent not otherwise covered by appropriate insurance, any person who is a party to, or is threatened to be made a party to, any threatened, pending or completed action, suit or proceedings, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Town itself) by reason of the fact that he or she is or was a member of the Town Council, Mayor or other duly elected or appointed Town Official or employee of the Town, or arising out of actions taken by each or any of them in connection with the performance of their official duties, against expenses (including attorney's fees), judgments, fines and amounts paid in settlement, actually and reasonably incurred by him or her in connection with such action, suit or proceeding 
if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of the Town, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interest of the Town and with respect to any criminal action or proceeding had reasonable cause to believe that his or her conduct was unlawful; provided, however, that in the event of a monetary settlement, the Town Council shall first approve the amount and terms of the settlement before the right to indemnification shall vest.
Indemnification as provided in this Section shall be made by the Town only as authorized in the specific case upon a determination that indemnification of the members of the Town Council, Mayor, Town Officers and/or employee is proper in the circumstances because he or she met the applicable standards of the conduct set forth above. Such determination shall be made:
(a) by a majority vote of the Town Council consisting of Council members who are not parties to such action, suit or proceeding, or
(b) if a quorum is not obtained, by independent legal counsel in a written opinion.
26. Compendium.
It shall be the duty of the Town Council to compile and reproduce the minutes of official meetings as well as ordinances, regulations, resolutions, rules or other decisions adopted by Town governmental bodies. The Town shall have a reasonable number of copies
printed for the use of the officials of the Town and for public information. Copies of such documents shall be made available to private persons at a reasonable cost. At least two (2) copies of the Charter which shall have incorporated within it all amendments enacted by the General
Assembly shall be kept at the Town office. Such copies may be typed,
written, photographically processed or a combination of both. The Town
Office shall make such further copies of the Charter, from time to time, as may be necessary. Copies of the Town Charter shall be available at the Town Office for public review.
27. Survival of Powers and Validating Section.
27.1 All powers conferred upon or vested in the Town Council 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 and/or the Town Council precisely as if each of said powers was expressly set forth in this Charter.
27.2 All ordinances, regulations, resolutions, and rules adopted by the Town Council and in force on the effective date of this Charter, as amended, are continued in force until repealed, modified or altered by the Town Council under the provisions of this Charter.
27.3 All actions of the Town Council or of any Town official taken under the provisions of Delaware law, any Town ordinance, regulation, resolution, or rule or any prior Charter of this Town prior to the effective date of this Charter, as amended, shall continue in effect unless otherwise provided herein.
27.4 All taxes, assessments, license fees, penalties, fines, forfeitures and other charges due to the Town, and all debts owed to or by the Town, prior to the effective date of this Charter, as amended, shall remain due and unimpaired.
27.5 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.
27.7 Each member of the Town Council who holds office at the time of approval of this Charter, as amended, shall continue to serve until the expiration of such term of office, as prescribed at the time of election or appointment.
27.8 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter shall be and are hereby repealed to the extent of any such inconsistency.
28. Separability.
If any section, sub-section, paragraph, sentence, clause or other provision of this Charter shall be held to be unconstitutional or invalid by any court of competent jurisdiction, such holding shall not be deemed to invalidate the remaining sections, sub-sections. paragraphs, sentences, clauses or other
provisions of this Charter.
29. Public Act.
This Charter shall be deemed to constitute a Public Act of the State of Delaware.
30 Effective Date.
This Charter shall take effect as of the day of
enactment."
Section_ 1. Incorporation - Sets out the reincorporation of the Town, including the original Town and all subsequent annexation.
Section 2. Territorial Limits - Describes the geographical and territorial limits of the Incorporated Town, including the original Town and all subsequent annexation.
Section 3 Annexation of Territory - Provides annexation procedures including notice, public hearing, and election.
Section 4. Powers of the Town - Enumerates the powers of the Town.
Section 5. Town Council - Describes the structure of the Town Council. The Council consists of an elected Mayor and six other Council members. The Mayor must be a resident of the Town of South Bethany. In addition, three Council members must be residents of the State of Delaware. The remaining three members of the Council may be residents or non-residents. Each elected Council member and Mayor are elected to a two-year term of office on a staggered, alternating basis.
Section 6. Municipal Elections - Provides for annual Municipal elections, describes the qualifications of voters and the procedures for the annual Municipal election.
Section 7. Organization of Town Council - Describes the organization of the Council. There is a requirement for an annual organizational meeting and procedures for organization of the Council. The duties of the Mayor, President Pro-tem, Council
Secretary, and Treasurer are defined. The Mayor is granted certain emergency powers. There is a procedure to fill vacancies in any office.
There is a code of ethics and a requirement for competitive bidding for purchase or lease of materials and services over $2,500.00. There are also procedures set out for identifying when vacancies or a forfeiture of office exists and how to fill them. This section also provides for regular and special meetings and those requirements. This section also describes the form of actions by the Council, including emergency ordinances.
Section 8. Appointed Officers - Identifies the appointed officers and provides for their authority. More specifically, this section provides the authority to create the position of Town Manager, his appointment, and removal. This section provides that the functions and duties of the Town Manager would be set forth in a Town ordinance. It also creates the position of Town Solicitor and other officials of the Town.
Section 9. Assessment of Taxes - Provides for assessment procedures for taxes. This section creates alternatives of either a Board of Assessment and Procedures or the authority to adopt Sussex County Assessments. In addition, this section provides that the Town may add other charges to the tax bills to be treated in the same way as taxes.
Section 10. Levy of Taxes, Fees, and Other Charges - Provides for the levy
of taxes, fees, and other charges. It requires a balanced budget for the Town. It identifies tax levies, special assessment procedures, including a special election procedure, and limits the amount of money to be raised by real property taxes and bonds to 2% of the total appraised value of the real estate in the Town.
Section 11 Collection of Taxes, Fees, Special Assessments, and Other Charges - Provides procedures for the collection of taxes by the Town Manager or a duly appointed Tax Collector. This section also identifies the powers of the Tax Collector. It allows the Town to exempt tax payers of low income who are over age 62.
Section 12. Remedies, Powers, and Methods for Collection of Taxes and Other Charges - Describes the remedies and powers for the collection of taxes, including authorization to hold a tax sale. Procedures are identified and described.
Section 13. Borrowing Powers - Defines the borrowing power of the Town. It provides authorization to the Town Council to borrow up to $100,000.00 payable within 5 years without a special election. It provides procedures for the Town to borrow greater amounts
of money through the issuance of bonds with a limit of 57. of the appraised value of all real property in the Town.
Section 14. Use of Town Monies - Provides for the use of Town monies for proper purposes. There is also a requirement that any capital expenditure over $100,000.00 must first be approved by voters in a special election. This section also sets out procedures for that special election.
Section 15. Annual Audit - Provides for an annual audit of Town records by a certified public accountant.
Section 16. Alderman's Court - Provides for the creation of and procedures for an Alderman's Court.
Section 17. Police and Public Safety - Provides for the creation of and procedures for a Police Department and Beach Patrol for the protection of the public.
Section_18 Subdivision and Land Development - Authorizes the Town to regulate subdivision and land development within the Town.
Section 19. Streets - Authorizes the Town to lay out, locate, open, construct, widen, alter, close, vacate, or abandon streets and describes procedures to be followed.
Section 20. Mater Systems - Authorizes the Town to provide an adequate supply of potable water and describes the types of powers granted for implementing this purpose.
Section 21. Mater Structures - Authorizes the Town to lay out, open, located, construct, widen, alter, close, vacate, or abandon structures for the preservation of any beach, strand, or waterway within the Town.
Section 22. Referendum - Provides for referendum procedures of acts of the Town excepting therefrom any emergency ordinance, ordinance authorizing long-term borrowing, annexing lands, adopting the annual operating budget, appropriating money, levying taxes or ordinances otherwise subject to special election procedures set out in the Charter.
Section 23. Eminent Domain - Authorizes the Town to exercise the power of eminent domain.
Section 24. Limitation on Liability - Authorizes a limitation on liability of the Town, members of its boards and offices, agents, representatives, officers, or employees.
Section 25, Indemnification - Provides for indemnification of officers, employees, representatives, or agents of the Town and describes procedures which the Town must follow prior to providing such indemnification.
Section 26. Compendium - Requires- the Town to maintain its ordinances, regulations, etc., in a complied form on a reasonably current basis, and to have copies available for Town Council members and Town officials, and for inspection by the public.
Section 27. Survival of Powers and Validating Section - Authorizes survival of powers, acts, taxes, fees, bonds, and officials from the prior Charter to the inception of this Charter so that there is no lapse in the transition from the old municipal corporation to the "re-incorporated" municipal corporation.
Section 28. Separability - Provides that any section which Is Incompatible with the laws of the State of Delaware or otherwise may be separated from the remainder of the Charter.
Section 29. Public Act - Recites this Charter as a Public Act.
Section 3011, Effective Date - Provides the effective date of this Charter to be the day of its enactment.
Approved June 27, 1994.