Chapter - Delaware General Assembly

CHAPTER 115

FORMERLY

SENATE BILL NO. 233

AN ACT TO REINCORPORATE THE CITY OF HARRINGTON

WHEREAS, it is deemed advisable that the Charter of the City of Harrington, set forth in Chapter 215, Volume 64, Laws of Delaware, with subsequent amendments, be consolidated into one complete Act and in certain respects be further amended and revised.

NOW THEREFORE:

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

1. Incorporation. The inhabitants of the City of Harrington within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided, are hereby constituted and declared to be a body politic incorporated in law and equity, by the corporate name of the "City of Harrington" (hereinafter "City"), with power to govern themselves by such ordinances, rules, resolutions, and regulations for municipal purposes as they, through their duly-elected officers and agents may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States; and as such shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts.

The City shall have perpetual succession and shall succeed to own or possess all property, wherever situated, whether real, personal, or mixed, tangible or intangible, of whatever kind and nature, and all the powers, rights, privileges or immunities now or heretofore belonging to, possessed, or enjoyed by the City of Harrington previously incorporated at Chapter 215, Volume 64, Laws of Delaware, as amended.

2. Territorial Rights. The present territorial limits of the City have been established and declared to be as follows:

Beginning at a concrete monument located on the westerly right-of-way line of the southbound lane of U.S. Route #13, which monument is 55.85 feet South of utility pole no. DST 608, and 91.81 feet North of utility pole no. DST 609, and 76.20 feet from the corner of a storm water catch basin located in the median of U.S. Route #13. THENCE running from said beginning point North eighty-four (84) degrees West a distance of four thousand nine hundred twenty-two and ninety hundredths feet (4922.90') to a concrete monument; thence running North six (6) degrees East a distance of five thousand two hundred eighty feet (5280') to a concrete monument, thence running South eighty-four (84) degrees East a distance of five thousand eight hundred fifteen and fourteen hundredths feet (5815.14') to a concrete monument on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and running with westerly right-of-way line of the southbound lane of U.S. Rt. #13 in a southerly direction, a distance of 2700 feet, more or less, thence turning and crossing the southbound lane of U.S. Rt. #13, and following the northerly boundary of parcel number 14 in the median of U.S. Rt. #13, thence turning in a northerly direction and following the westerly boundary of parcel number 18, and crossing the northbound lane of U.S. Route #13, thence turning and following the easterly right-of-way line of the northbound lane of U.S. Rt. #13, in a southerly direction, to the northerly right-of-way line of Porter Street, thence along the aforesaid northerly right-of-way line of Porter Street, in an easterly direction, five hundred seventy feet, more or less, (570') to the westerly property line of the City of Harrington Sewage Treatment Plant Site, thence turning and running in a northerly direction with the lands now or formerly of Jacob Camper, to a pipe set in the line of lands now or formerly of Camper, at a corner for lands now or formerly of Hitchens, which point bears South 25 degrees 15 minutes West a distance of 325' from the southerly right-of-way line of Delaware Rt. #14, thence turning and running with the lands of Hitchens, lands of Patman, and with lands of Breeding a distance of 363' more or less, to a pipe set at a corner for lands of Breeding and lands of Ken Meredith; thence, turning and running North 15 degrees 30 minutes East a distance of 141' to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with the southerly right-of-way line of Delaware Rt. #14 South 74 degrees 30 minutes East 350', thence turning and running North 15 degrees 30 minutes East a distance of 200' to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with said right-of-way line South 75 degrees East to a point on the line of the lands now or formerly of Cook Creadick;

Thence, turning and running South 7 degrees 15 minutes West a distance of 960', and continuing to the center line of Brown's Branch ditch, thence running in a westerly direction with the center of Brown's Branch Ditch to a corner point for lands now or formerly of Albert Thistlewood, (said corner-points bears North 10 degrees, 14 minutes, 01 second East, 4.24 feet from a concrete monument on the southerly bank of said ditch), thence turning and running South 10 degrees 14 minutes 01 second West, a distance of 1966.40' passing over the aforementioned concrete monument on the southerly bank of Brown's Branch Ditch, to a concrete monument on the northerly right-of-way line of the 60' right-of-way of the Conrail Railroad, thence turning and running along said right-of-way of the Conrail Railroad North 82 degrees 22 minutes 30 seconds West 1417.16' to a point of curvature; thence, continuing along the aforementioned railroad right-of-way line on a 2834.79' radius curve, the chord of which bears North 76 degrees, 24 minutes 30 seconds West a distance of 589.35', an arc distance of 590.42', to a concrete monument of the easterly right-of-way line of the northbound lane of U.S. Rt. #13, thence turning and running with the said right-of-way line of U.S. Rt. #13 North, 16 degrees 15 minutes 52 seconds East a distance of 843.02', to a point of curvature; thence continuing with the aforementioned right-of-way line of U.S. Rt. #13 along a 5673.58 foot radius curve, the chord of which bears North 19 degrees 25 minutes 22 seconds East a distance of 625.98', an arc distance of 626.30' to a point, thence turning and crossing the northbound and southbound lanes of U.S. Rt. #13 North 73 degrees 25 minutes 57 seconds West to a point on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and following the westerly right-of-way line of the southbound lane of U.S. Rt. #13, in a southerly direction, a distance of 600', more or less, to the point of beginning.

The above boundaries are acknowledged by: The Kent County Mapping Division as shown on the official maps of Harrington made by Kent County and the State Dept. of Transportation.

The Council may, at any time hereafter, cause a survey and plot to be made of said City, and the said plot, or any supplement thereto, when made and approved by said Council, signed by the Mayor, and attested to by the Clerk of Council, with the municipal seal affixed, upon being recorded in the Office of the Recorder of Deeds in and for Kent County, State of Delaware, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.

3. Annexation of Territory. The City shall have power to annex any additional contiguous territory adjoining the then-existing corporate limits of the City as hereinbefore set forth or as hereafter extended pursuant to the procedures set forth in this section, and to apply to all such additional territory all laws, ordinances, resolutions, and policies in force in the City so far as they may be locally applicable.

3.1 Initiation of Annexation Proceedings.

3.1.1 As Authorized By General Statute. In addition to any other procedures authorized in this municipal Charter, the City may extend its municipal limits so as to include any portion of territory contiguous to the then-existing corporate limits of the City in accordance with the provisions of 22 Del.C. §101, as it may from time to time hereafter be amended, or in accordance with any future corresponding provision of law.

3.1.2 By Petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous to the then existing corporate limits of the City may petition the City Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe with reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein, and state the reasons for the requested annexation. The City Council may, within 90 days following the filing of such petition in the City Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. Any petition not so accepted within said 90 days shall be null and void. For purposes of this §§3.1.1, 3.1.2, and 3.1.3 "territory contiguous to the then existing corporate limits of the City" shall include both real property which, though itself not contiguous to the City's then existing corporate limits, is contiguous to other real property which is proposed to be included in the annexation, and real property which would be contiguous under §3.2.8(b).

3.1.3 By Resolution of the City Council The City Council may, at any time, adopt a resolution proposing the annexation of any territory contiguous to the City. Such resolution shall describe, with reasonable certainty, the territory proposed to be annexed, state the reasons for the proposed annexation, and establish the date, time and place for the holding of an election as hereinafter provided. If more than one territory is involved in any resolution, elections may be held in more than one of them on the same day, but the elections shall be separate; only the qualified voters and real property owners of a territory shall be counted in the election to determine whether that territory shall be annexed. Upon adoption of such resolution, the City Council shall proceed as hereafter provided.

3.2 Annexation Procedure. Whether annexation is proposed by petition of the property owners or by resolution of the City Council, the following procedure shall be complied with:

3.2.1 Notice. Notice of the election for annexation shall be published in a newspaper of general circulation in the area to be annexed at least ten (10) days prior to the day of the election. The notice shall contain a description of the area to be annexed, the time, place, and date of the election, and the eligibility of those who are entitled to vote.

In addition to publication as herein provided, the City Council shall, not less than 10 days prior to the date of such election: (1) cause a public notice, containing the full text of the Resolution, to be posted in at least 3 different public places in the City and in at least one place, viewable to the public, in the territory proposed to be annexed; and (2) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their address as shown on the public tax records. Written notice to one co-owner shall be notice to all.

3.2.2 Those Entitled to Vote.

(a) At such annexation election, any natural person who is a "qualified voter" or an owner of real property in the territory to be annexed shall be entitled to one vote; and each legal entity other than a natural person, (e.g. a corporation, partnership, trust, or association) owning property in its own name in the territory proposed to be annexed, shall be entitled to one vote.

For purposes hereof, a "qualified voter" shall mean a bona fide domiciliary of the territory proposed to be annexed who is registered and qualified to vote according to the voter registration lists of the State Department of Elections.

(b) These provisions shall be construed in accordance with the principle of pone-man, one vote". Where a voter is entitled to vote by virtue of being both a "qualified voter" and an owner of real property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more parcels of real property, that voter shall be entitled to only one vote. Where real property is held in a life estate, the holders of the life estate shall be deemed to be the sole owners and entitled to vote accordingly. Persons in joint ownership of real property shall be entitled to only one vote.

(c) Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and notarized power of attorney from the legal entity granting the authority to cast its vote to its designated attorney-in-fact. Such Power of Attorney shall be surrendered to the Election Officials who shall file same in the Office of the City Manager. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Annexation Election on behalf of the legal entity granting the power.

3.2.3 Conduct of Annexation Election: Election Officials.

(a) Ballots. The City Council may cause voting machines, electronic voting systems, or paper ballots to be used in the Annexation Election, as permitted or required by law, the form of ballot to be printed as follows:

_____________ For the proposed annexation.

_____________ Against the proposed annexation.

Any person (including a person acting pursuant to a valid Power of Attorney from a legal entity other than a natural person) who is entitled to vote in the election, but who shall be unable to appear in person, may vote by absentee ballot in accordance with such standards and procedures as established by city ordinance.

(b) Election Officials. The Mayor shall appoint three (3) persons to act as a Board of Special Election for the Annexation Election. One (1) of the said persons so appointed shall be designated the Presiding Officer. The Board of Special Elections shall be the sole and final judge of the legality of the votes offered at such Annexation Election. It shall keep a true and accurate list of all natural persons and other legal entities voting.

(c) Polling Place. Voting shall be conducted in a public place as designated by the Resolution setting the Annexation Election. The polling place shall be open for not less than two (2) consecutive hours as set by the City Council, on the date set for the Annexation Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls.

3.2.4 Results of Annexation Election. A majority of votes cast shall determine the result of the election. Upon the close of the voting, the results shall be publicly announced by the Presiding Officer of the Board of Special Elections. After public announcement of the votes cast, the total votes cast For and the total votes cast "Against" shall be certified to by the Board of Special Elections and presented to the City Council at its next regular meeting. The City Council at this regular meeting shall approve the votes as certified.

3.2.5 Resolution of Annexation.

(a) If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council shall thereupon adopt a resolution annexing the said territory and including same within the limits of the City of Harrington. Upon adoption of a resolution of annexation, a copy thereof signed by the Mayor and certified by the Clerk of Council with municipal seal affixed, together with a plot of the area annexed, shall forthwith be filed for record with the Recorder of Deeds of Kent County. The territory so annexed shall be considered to be a part of the City from the moment the last mentioned resolution is adopted by the City Council. Failure to record said resolution, or the plot accompanying same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus.

3 2 6 Annexing City—Owned Property. Not withstanding any provisions herein to the contrary, the City by resolution of Council may extend its corporate boundaries without an election, provided, that the said territory to be annexed is owned entirely by the City.

3.2.7 Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to §3.1.2 of this Charter, annexation proceedings are initiated by a property owner(s) holding record title to real property in territory contiguous to the then existing corporate limits of the City, such petition may be made contingent upon an annexation agreement with the City which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the City Council approves such an agreement and votes to accept a petition under §3.1.2 of this Charter, such Annexation Agreement shall be deemed a material part of the annexation and shall be included in all subsequent steps of the annexation procedure; that is: (1) the resolution and notices adopted by the City Council pursuant to §3.1.3 shall recite that the proposed annexation includes and is subject to annexation agreement, shall briefly summarize its terms, and shall state that copies of the Agreement are available for inspection upon request at the City Hall; (2) if the results of the election are favorable to the proposed annexation, the resolution annexing the territory (as provided by §3.2.5) shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and the City shall be bound to honor the provisions of such agreement unless released therefrom by the petitioner(s).

Provided further, that no agreement made at the time of annexation under this §3.2.7 shall extend beyond seven years from the date the property is annexed into the City; and such agreements shall be null, void, and unenforceable after the expiration of said seven years.

An annexation agreement may be modified or amended by mutual agreement of the petitioner and the City Council at any time prior to the resolution ordering the Annexation Election pursuant to §3.1.3 of this Charter, but any material modification or amendment thereafter shall be deemed to be the withdrawal of the original petition and the filing of a new petition under §3.1.2.

3.2.8. Property Owned by the State of Delaware: Property Owned by the City: Highways. Streets Roads and Alleys: Ponds. Canals. Streams and Other Waters.

(a) Real Property Owned by the State of Delaware Real property owned by the State of Delaware may be annexed into the City without the State's casting a vote in the Annexation Election, provided the state agency having control and supervision thereof does not notify the City, in writing, of its objection to such annexation within ten (10) days after receiving written notice of the resolution proposing the annexation as provided in §3.2.1.

(b) Real Property Owned by the City Real property owned by the City of Harrington may be annexed into the City by ordinance without the necessity of an election.

(c) Highways Streets Roads. and Alleys: Ponds. Canals. Streams. and Other Waters. Territory which would otherwise be contiguous with the City's then-existing corporate limits, or with other territory which is itself contiguous with the City's then-existing corporate limits, shall not be deemed non-contiguous merely by the existence of any highway, street, road, alley, pond, canal, stream, or other body of water which passes between or separates them.

3.3 Limitations. No action contesting the annexation of any territory under this section shall be brought after the expiration of 60 days from the publication of a notice in a newspaper of general circulation in the City and in the territory annexed, which notice shall contain the following information:

(a) Notice that the City has annexed such territory and a description thereof.

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

(c) In addition to publication as herein provided, the City Council shall cause a public notice, containing the information set out in subsections (a) and (b) above (using date of "posting" for date of "publication"), to be posted in at least three public places in the City and in at least one place, viewable to the public, in the territory proposed to be annexed.

(d) In the event the publication and postings do not appear on the same date, the date of the last publication or posting shall control.

4. Powers of the City

4.1 General. The City shall have and enjoy all the powers possible for a municipal corporation to have under the Constitution and laws of the State of Delaware, as fully and completely as though they were specifically enumerated in this Charter.

4.2 Enumeration of Powers Not by way of limitation upon the scope of the powers vested in the City Council to exercise all powers delegated by this Charter or general law to the City (except as may expressly appear herein to the contrary), but rather by way of enumeration and example, the City Council is vested by this Charter with (among others) the following powers, that is to say, the City Council:

4.2.1 May have and use a corporate seal which may be altered, changed, or renewed at pleasure.

4.2.2 May hold and acquire by gift, negotiation and purchase, devise, lease, or condemnation, property both real (improved or unimproved) and personal, or mixed, within or without the boundaries of the City, in fee or lesser estate or interest, necessary or desirable for any municipal or public purpose, including but not limited to, providing sites for constructing, improving, extending, altering, or demolishing:

(a) public buildings;

(a) parks;

(a) streets, squares, lanes, alleys, and sidewalks;

(b) sewer systems, including but not limited to sewage lines, conduits, lift stations, sewage disposal or treatment plants, and all appurtenances thereto;

(a) water systems, including but not limited to, water treatment plants, water storage facilities, wells, lines, conduits and all appurtenances thereto;

(b) electric systems, including but not limited to, electric plants, substations, transmission and/or distribution systems, lines, conduits and all appurtenances thereto;

(c) gas systems, including but not limited to, storage tanks, distribution systems, conduits and all appurtenances thereto;

(d) recreational facilities, including but not limited to, public bathing beaches, gymnasiums, athletic fields, bicycle paths, tennis, basketball, or paddleball courts and all appurtenances thereto;

(e) for slum clearance and redevelopment, urban renewal, revitalization, or rehabilitation of blighted areas, or removal of dangerous buildings;

(j) for the protection of the health of the citizens of the City;

(k) for the proper furnishing of adequate municipal services to the citizens of the City and those persons residing in such proximity to, but beyond, the corporate limits of the City who can be furnished with such municipal services, in the discretion of the City Council to the mutual benefit and advantage of the City and such non—residents thereto, upon such terms, charges, and conditions as the City Council may determine and approve.

4.2.3 May sell, grant, alienate, lease, mortgage, manage, hold and control such property as the interests of the City may require except as prohibited by the Constitution of the State of Delaware or as restricted by this Charter.

4.2.4 May pay for the acquisition, construction, improvement, repair, extension, alteration, or demolition of any municipal or public property, real, personal, or mixed, from the general fund of the City, from the proceeds of any bond issue which may be authorized and sold for any of the purposes for which lands and premises are authorized by this Charter to be acquired, and/or from the proceeds of any grant or loan made to the City by any governmental entity of the United States or the State of Delaware, where the proceeds of the grant or loan are for the purposes for which lands and premises are authorized by this Charter to be acquired.

4.2.5 May acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping the offices of the City.

4.2.6 May purchase, take and hold real and/or personal property when sold for collection of any delinquent tax, assessment, water or sewer rent, electric bill, gas bill, license fee, tapping fee, impact fee, or for any charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charges due the City, and to later re-sell the same.

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

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

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

4.2.10 May direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, avenues, highways, parks and grounds of the City and to authorize or prohibit the removal or destruction of said trees.

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

4.2.12 May provide an ample supply of potable water for the City and its inhabitants and to this end may 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, distribution or sale of water; may regulate and prescribe for what public or private purposes the water furnished by the City 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 wilful or negligent injury, or damage to or interference with the water system or the equipment of the City; to furnish, refuse to furnish, or impose additional fees, charges, or conditions for furnishing water from the City water system to places and properties outside the City limits; and may contract for and purchase water and distribute the same to users within or without the City with the same full powers as though such water had been initially reduced to usefulness by the City itself.

4.2.13 May provide, construct, extend, maintain, manage and control a sanitary sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the City; may 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 wilful or negligent injury or damage to, or interference with the said system, plant or facilities; may furnish, refuse to furnish, or impose additional fees, charges or conditions for the furnishing of sanitary sewer service from the City system to places and properties outside the City limits; in the interest of the public's health, may compel any and all properties in the City to be connected to the City's sanitary sewer system; and may enter into contracts or joint agreements for sanitary sewage disposal services for users within or without the City with the same full powers as though such services had been initially provided by the facilities therefor owned and operated by the City itself.

4.2.14 May provide, construct, extend, maintain, manage and control the plant and system, or plants and systems, for the generation, manufacture and/or distribution of electric power and energy or gas, or both, to the inhabitants of the City and/or for lighting the streets, highways, lanes, alleys, parks, sidewalks, crosswalks, public buildings or other public places in the City; and to this end may acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and/or distribution facilities, for any such electric power and energy and/or gas as may be necessary or proper to light the City, to furnish proper connections for electric power and energy and/or gas to the properties of the inhabitants of the City who may desire the same; may regulate and prescribe for what private or public purpose the electric power and energy and/or gas furnished by the City may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be collected and the fines or penalties, or both, for any wilful or negligent injury or damage to or interference with the electric and/or gas system(s) of the City; may furnish, refuse to furnish, or impose additional fees, charges, or conditions for furnishing electric power and energy and/or gas from the City's system(s), to places and properties outside the City limits; and may contract for and purchase electric power and energy and/or gas and distribute the same to users within or without the City with the same full powers as though such electric power and energy and/or gas had been initially produced by the City itself.

4.2.15 May regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin, and any other combustible or dangerous materials within the City, the use of candles, lamps, and other lights in stores, shops, and other public places; and may regulate, suppress, remove or secure any bonfire, outdoor burning, or any fireplace, stove chimney, oven broiler, or other apparatus which may pose a danger of causing fires;

4.2.16 May provide for the organization of a fire department and the control and government thereof; may establish fire limits and do all things necessary for the prevention or extinguishment of fires; and at the discretion of the City Council, may contribute, donate or give an amount or amounts to any volunteer fire company or companies existing under the laws of the State of Delaware providing fire service(s) to or within the City, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as the City Council shall deem advisable;

4.2.17 May provide for the organization of ambulance, rescue or paramedic service(s) and the control and government thereof, may establish territories within the City for such services; may, at the discretion of the City Council, contribute, donate or give an amount or amounts to any such service existing under the laws of the State of Delaware, maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the City, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations to the use thereof as the City Council may deem advisable.

4.2.18 May prevent vice, drunkenness and immorality;

4.2.19 May prohibit gaming and fraudulent devices;

4.2.20 May prevent and quell riots, disturbances, and disorderly assemblages;

4.2.21 May adopt and enforce such ordinances regulating traffic, on all streets, alleys, avenues, and public ways within the City as are not inconsistent with the motor vehicle laws of the State of Delaware.

4.2.22 May regulate or prohibit the use of public streets, alleys, sidewalks, parks, right-of-ways, public places and City-owned lands for commercial uses or activities not otherwise protected from such regulation or prohibition by the Constitutions of either the United States or the State of Delaware, or by any controlling federal statute.

4.2.23 May regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, or any other device for discharging missiles which may cause bodily injury or harm to persons or property; and may regulate or prevent the use of fireworks, bombs and detonating works of all kinds;

4.2.24 May provide for and preserve the health, peace, safety, cleanliness, ornament, good order and public welfare of the City and its inhabitants;

4.2.25 May prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games within the City;

4.2.26 May direct the digging up, draining, filling up, cleaning, cutting, clearing or fencing of lots, tracts, pieces or parcels of ground in the City which may be deemed dangerous or unwholesome or when necessary to carry out any improvements authorized by this Charter, and to assess the cost thereof against the owner thereof.

4.2.27 May define, prevent, abate or remove nuisances, obstructions or any other condition detrimental to the public safety, health or welfare; and may cause the cost of such abatement or removal to be paid by the legal entity causing or permitting the same to exist.

4.2.28 May adopt ordinances providing for the condemnation, upon inspection, of any building or structure, or portion thereof, in the City which is determined, on the basis of standards set forth in such ordinance(s) to be a fire hazard or otherwise unsanitary, uninhabitable, or unsafe, and cause the same to be torn down or removed.

4.2.29 May establish and regulate pounds; may restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large and authorize the destruction of the same; may regulate the keeping of dogs within the City, and may provide for registration and fees thereof.

4.2.30 May provide for the punishment of a violation of any ordinance of the City by civil fine not exceeding $1,000.00.

4.2.31 May acquire, build, erect and maintain a suitable place as a lock-up or jail for the City which may be used as a temporary place of detention of persons taken into custody for violations of State or Federal laws or City ordinances, or for detention of persons accused of violations of law or ordinances, for a reasonable time in cases of necessity prior to hearing; provided that any correctional institution located in Kent County may be used for any such purpose, in which event the City shall pay for the board of persons detained therein when taken into custody for violations of ordinances which are not violations of any general law of the State.

4.2.32 May provide as an option for payment of any fine, penalty, forfeiture, assessment, fee, Charge, or other amount due the City, the performance of labor or service for the City by any person owing the same.

4.2.33 May regulate and control the manner of construction, alteration, repair, demolition or removal of dwellings or other structures and provide for granting permits for same; and may appoint a suitable Building Inspector and prescribe his powers and duties in accordance herewith.

4.2.34 May prohibit and prevent the carrying on of construction at such times and seasons of the year and at such hours of the day as the City Council may determine necessary and appropriate for the public health and welfare.

4.2.35 May provide for or regulate the numbering of houses and lots on the streets and the naming of the streets and avenues, subject to approval by Kent County Emergency Services (911).

4.2.36 May, for the prevention of fire and the preservation of the beauty of the City, establish a building setback line for buildings to be erected; may prohibit any building or construction except those for which a building permit has been issued as prescribed by the City Council; and generally may exercise all zoning powers and authority vested in municipal corporations by virtue of 22 Del.C. Chapter 3, as it may hereafter from time to time be amended, or by any future corresponding provision of law.

4.2.37 May license, tax, and collect fees for any and all municipal purposes of such various amounts as the City Council from time to time shall fix from any person, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the City;

4.2.38 May impose, upon new development or construction, upon first-time occupancy of new construction, or upon newly-annexed territory, 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 nexus to such development, new construction, occupancy, or newly annexed territory;

4.2.39 May grant franchises or licenses to any responsible person, firm, association or corporation for such period of time, upon such terms, restrictions, stipulations and conditions, and for such consideration, as the City Council shall deem in the best interest of the municipality, for the use of the present and future streets, highways, lanes, alleys, water courses, parks, lakes, sidewalks, crosswalks, wharfs, docks, and other public places of the City for the purpose of furnishing heat, light, electric power and energy, gas, water, sanitary sewer, drainage, telephone, telegraph, television, railroad (excepting the railroads or railways engaged in Interstate Commerce), bus, taxi or other transportation carrier or public service to the City, and/or for the purpose of transmitting the same from or through the City to points outside the limits thereof; provided, however, that whenever any state or federal law grants exclusive jurisdiction over any such activity to a state or federal agency, the City shall have no authority inconsistent herewith.

4.2.40 May regulate and control the exercise of any license or franchise mentioned in Section 4.2.39 of this Charter.

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

4.2.42 May inquire into and investigate the conduct of any officer, agent or employee of the City or any municipal affair and for such purpose or purpose(s) may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena.

4.2.43 May establish a Pension Plan or a Health and Welfare Plan, or both, for the employees of the City under such terms and conditions as the City Council, in its discretion, may deem most appropriate. The method of funding may, if deemed desirable by the City Council, be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of the elected members of the City Council.

4.2.44 May determine what purpose's are deemed to be public purposes or municipal purposes.

4.2.45 May make, adopt, and establish, alter and amend all such Ordinances, Regulations, Rules, and By-Laws not contrary to the laws of this State and the United States as the City Council may deem necessary to carry into effect any of the provisions of this Charter or of any other law of the State relating generally to municipal corporations, or which they may deem proper and necessary for the order, protection and good government of the City, the protection and preservation of persons and property, and of the public health and welfare of the City and its inhabitants; provided, however that any Ordinance relating to the public health of the City 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 City but as well to all areas and persons outside the City within one (1) mile from said limits.

4.3 Liberal Construction: Manner of Exercise. The powers of the City under this Charter shall be liberally construed in favor of the City, 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, implied hereby, or appropriate to the exercise thereof, the City shall have and may exercise any and all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter to specifically enumerate.

All powers of the City, 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 ordinance or resolution of the City Council.

4.4 Intergovernmental Cooperation. The City 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 or more States or civil divisions or agencies thereof, or the Untied States or any agency thereof, except as prohibited or restricted by the Constitution or laws of the State of Delaware or by this Charter.

5. Governing Body.

5.1 City Council. The government of the City and the exercise of all powers conferred by this Charter (except as otherwise provided herein) shall be vested in and exercised by a Mayor and Council as hereinafter provided.

5.2 Qualifications for Office.

5.2.1 Basic Qualifications. Candidates for the City Council or for the office of Mayor must be at least 20 years of age, have filed a nominating petition in accordance with §5.4 of this Charter, shall be in good standing with Harrington taxes and utility fees, and be otherwise qualified to vote at the annual City election as provided in §6.2.

5.2.2 Conviction of Felony or Crime of Moral Turpitude. No person having been convicted of a felony or crime of moral turpitude shall be qualified to be a candidate for office on the City Council or for the office of Mayor. For this reason, complete criminal history shall be researched by proper authorities.

5.2.3 Limitation on Terms. No person shall hold the office of Mayor for more than four (4) consecutive terms, or portion of terms, of office under this Charter. No person shall hold the office of Councilman for more than three (3) successive terms, or portion of terms, of office under this Charter.

5.2.4 Commitment to Mental Institution. No person having been committed to a mental institution shall be qualified to be a candidate for office of Mayor or Councilperson.

5.3 Election Districts. The Council shall be the legislative body of the City composed of at least six (6) members nominated and elected as herein provided.

In order that the members of Council shall be distributed over the City, the City is presently divided into six (6) representative districts and one of said members of Council shall be a resident of each district.

The six election districts shall be as follows:

5 3 1 First Election District. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of East Street to the centerline of Thorpe Street, then West along the centerline of Thorpe Street to the centerline of Ward Street, then North along the centerline of Ward Street to the centerline of Clark Street, then East along the centerline of Clark Street to the centerline of Thomas Street, then North along the centerline of Thomas Street to the centerline of Liberty Street, then East along the centerline of Liberty Street to the centerline of Dixon Street, then North along the centerline of Dixon Street to the centerline of Shaw Avenue, then East along the centerline of Shaw Avenue to the Easterly City Limits, then South along the Easterly City Limits of Liberty Street, then East following the City Limits to the West side of the northbound lane of U.S. #13, then south along the City Limits to State Route #14, then East following the meanderings of the City Limits to its juncture with the Easterly City Limits, then South along the Easterly City Limits to its juncture with the Southerly City Limits, then West following the meanderings of the Southerly City Limits, then West following the meanderings of the Southerly City Limits, to its juncture with the centerline of East Street, which is the point of beginning.

5.3.2 Second Election District All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Harrington Avenue and the centerline of Liberty Street, North along the centerline of Harrington Avenue to the centerline of Carrow Street, then East along the centerline of Carrow Street to the centerline of Second Avenue, then North along the centerline of Second Avenue to the Northerly City Limits, then East along the Northerly City Limits to its juncture with the Easterly City Limits, then South along the Easterly City Limits to the centerline of Shaw Avenue, then west along the centerline of Shaw Avenue to the centerline of Dixon Street then South along the centerline of Dixon Street to the centerline of Liberty Street, then West along the centerline of Liberty Street to the centerline of Harrington Avenue, which is the point of beginning.

5.3.3 Third Election District. All the territory within the City Limits contained within the following boundaries: Starting at a point at the juncture of the Westerly City Limits and the Southerly City Limits, North along the Westerly City Limits to the centerline of County Road #275, then Southeast along the centerline of County Road #275, then Southeast along the centerline of County Road #275 to include Clark's Corner, to the centerline of Center Street and West Street, then South along the centerline of West Street to the centerline of High Street, then East along the centerline of High Street to the centerline of Short Street, then South along the centerline of Short Street to the centerline of Mispillion Street, then East along the centerline of Mispillion Street to the centerline of Commerce Street. Then South along the centerline of Commerce Street to the centerline of Reese Avenue and County Road #314. Then South along the centerline of County Road #314 to the Southerly City Limits, then West along the Southerly City Limits to its juncture with the Westerly City Limits, which is the point of beginning.

5.3.4 Fourth Election District All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Liberty Street and West Street, North along the centerline of West Street to the centerline of Center Street and County Road #275, then Northwest along the centerline of County Road #275 to the Westerly City Limits, then North along the Westerly City Limits, then East along the Northerly City Limits to the centerline of Second Avenue, then South along the centerline of Second Avenue to the centerline of Carrow Street, then West along the centerline of Carrow Street to the centerline of Harrington Avenue, then South along the centerline of Harrington Avenue to the centerline of Liberty Street, then West along the centerline of Liberty Street to the centerline of West Street, which is the point of beginning.

5.3.5 Fifth Election District. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Mechanic Street and the centerline of West Street, then North along the centerline of West Street to the centerline of Liberty Street, then East along the centerline of Liberty Street to the centerline of Thomas Street, then South along the centerline of Thomas Street to the centerline of Clark Street, then West along the centerline of Clark Street to the centerline of Commerce Street and Fleming Street, then West and North along the centerline of Fleming Street to the centerline of Mechanic Street, then West along the centerline of Mechanic Street to the centerline of West Street, which is the point of beginning.

5.3.6 Sixth Election District. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of East Street and the Southerly City Limits, West along the Southerly City Limits to the centerline of County Road #314, then North along the centerline of County Road #314 to the juncture of the centerline of West Street, Reese Avenue, County Road #314 and Commerce Street, then North along the centerline of Commerce Street to the centerline of Mispillion Street, then West along the centerline of Mispillion Street to the centerline of Short Street, then North along the centerline of Short Street to the centerline of High Street, then West along the centerline of High Street to the centerline of West Street, then North along the centerline of West Street to the centerline of Mechanic Street to the centerline of Fleming Street, then South and East along the centerline of Fleming Street to the centerline of Commerce Street and Clark Street, then East along the centerline of Clark Street to the centerline of Ward Street, then South along the centerline of Ward Street to the centerline of Thorpe Street, then East along the centerline of Thorpe Street to the centerline of East Street, then South along the centerline of East Street to the Southerly City Limits, which is the point of beginning.

5.3.7 Re-Apportionment: Additional Districts.

(a). The City Council may provide for additional districts and/or rearrange the boundaries of the existing districts as provided herein in the event of annexation or reapportionment, but in no event shall there be less than six districts.

In the event additional district(s) are created, there shall be created a vacancy in the office of Councilman for the additional district(s) and Council shall fill such vacancies as herein provided.

(b). For the 1994 regular municipal election and for each election thereafter, the City shall be divided into six (6) election districts, the boundaries of which shall be established by City Council so that the districts are nearly equal in population as shown on the 1990 federal decennial census. The district boundaries so established shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time the City Council shall redistrict the City so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election. Thereafter this procedure shall be followed by the Council after each succeeding federal decennial census in this manner so that the districts shall be maintained as nearly equal in population as possible at all times.

(c). In the event that any action is required hereunder to create new election districts and/or reapportion existing election districts, the City Council shall hold at least one public hearing on not less than 10 days public notice stating the date, time, place and purpose of the hearing which public notice shall be: (1) published in a newspaper of general circulation in the City and (2) posted in at least five (5) public places in the City.

The City Council shall conduct its review and any proceedings or actions resulting therefrom, so that the boundaries of the new or re-apportioned election districts are finalized and incorporated into this Charter by July 1st of the year in which the review was performed. Notice of such new or re-apportioned election districts shall be published in a newspaper of general circulation and posted in five (5) public places in the City by August 1st of that year.

5.4 Nominations to Be By Petition. The mode of nomination of candidates for the Council and for the office of Mayor shall be by petition signed by not less than ten nor more than twenty-five electors of the City, and filed with the Clerk of Council, in the City Hall on or before 4:00 p.m. local time of the first Tuesday of October preceding the next municipal election. Should the first Tuesday of October fall on a legal holiday, the filing date shall be 4:00 p.m. local time on the next working day thereafter.

Whenever a petition nominating a person for the office of Mayor or Councilman shall have been filed as above described, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the office for which the person was nominated, provided, the person possesses the qualifications prescribed by this Charter for a candidate of such office.

No nominating petition shall designate more than one person to be voted as a member for Council or Mayor.

The signers of a nominating petition for a member of the Council must be electors of the City residing in the same election district in which the nominee resides; but the signers to the nominating petition for the Mayor may be electors residing in the City at large.

There must be attached to each nominating petition an affidavit of the Nominee thereof, stating the number of signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be, and that all of the said signers are entitled to vote at the regular municipal election referred to.

And, in the case of petition nominating a candidate for Councilman, that the Nominee of the petition verily believes that each signer of said petition is a resident of the same election district in which the nominee resides.

With each signature there shall be stated the place of residence of the signer, giving street and number or other description sufficient to identify the same. The form of the nominating petition shall be substantially as follows:

"We, the undersigned, electors of the City of Harrington, nominate (name of Nominee) who resides in the (number) Election District of the said City of Harrington, for the office of (Councilman, or for the office of Mayor as the case may be) to be voted for at the regular municipal election to be held in the City, on the _____ day of _____ in the year_____; and we individually certify that we are qualified to vote for the candidate for the office named, and that we have not signed any other nominating petition for that office, and that our places of residence are truly stated after our signatures.

Name Street and Number

(space for signatures)

State of Delaware:

:SS

County of Kent :

(Nominee name) being duly sworn (or affirmed) deposes and says that his and the signatures appended thereto were made in his presence, and are the signatures of the person whose names they purport to be, and he verily believes the residences of each signer thereof to be truly stated, and that all of said signers are entitled to vote at the regular municipal election referred to in said paper.

(SIGNED)

Subscribed and sworn to (or affirmed) before me this_day of _. Justice of the Peace (or Notary Public)."

5.5 Council to Act as Final Judge. The City 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.

If the City Clerk preliminarily determines that any candidate may not meet the qualifications for office, he shall notify the Mayor who shall call a special meeting of the City Council to be held not less than ten (10) days prior to the date set for the election, at which the disinterested members of the City Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, in writing by registered mail or personal delivery, of the date, time and place of the hearing, at which he or she may appear and testify. If the City Council determines that the candidate does not meet the qualifications for office, it shall reject his/her nominating petition and his or her name shall not appear on the ballot. In making the determination, only those members of the City Council who are not up for re-election shall be entitled to vote on the question.

5.6 Terms of Office.

5.6.1 Mayor. The Mayor shall be elected by the qualified voters of the City, as defined in §6.2 of this Charter, of the several election districts, to serve a term of two (2) years.

5.6.2 Members of Council. The members of Council shall be elected for their respective election district by the qualified voters of the City (as defined in §6.2 of this Charter) residing in the respective election district, to serve a term of three (3) years.

5.7 Continuity in Office For the purpose of carrying into effect the provisions of this Charter, the Mayor and members of Council now serving shall continue to serve as herein provided until the completion of the terms for which they were elected and/or until their successors are duly elected or appointed.

6. Municipal Elections.

6.1 Date of Regular Municipal Election.

An annual municipal election shall be held on the first Tuesday of November of each year which shall be known as the Regular Municipal Election for the purpose of electing members of Council or the Mayor or both as the case may be to fill expired terms. All other elections that may be held shall be known as Special Municipal Elections.

6 2 Voter Qualifications. Any natural person shall be qualified to vote who, on the date of the election, is a resident of the City of Harrington, a United States citizen, has attained eighteen (18) years of age, and is registered under the City's Voter Registration ordinances. A "resident" shall mean any person who has been residing in the City for at least six (6) months prior to the date of the election.

6.3 Voter Registration. The City Council may enact such ordinances concerning the registration of qualified voters for municipal elections in the City as it deems reasonable or necessary to provide for the orderly and efficient conduct of municipal elections; provided that no such ordinances shall alter the qualifications of voters as hereinabove set forth, nor shall any such ordinances unduly impair the right to vote. Nothing herein shall be construed to prohibit the City from using the voter registration lists of the Department of Elections for Kent County in lieu of establishing its own registration procedures.

6.4 Uncontested Elections. Where there is only one official candidate for each office, if none of the official candidates has a formal opponent on the day of election, the official candidates may assume office without the holding of a formal election.

6.5 Date Time Place. Notice and Manner of Conducting

6.5.1 Date Time. and Place. The regular municipal election shall be held on the first Tuesday of November at such time and place, within the City, as shall be determined by the City Council. The polls shall remain open for at least a seven hour period to be determined by the City Council.

6.5.2 Notice of Elections Notice of the regular municipal election shall be given by posting notice thereof in at least three public places in the City not less than ten (10) days before the day of such election and by publishing notice in a newspaper of general circulation in the City at least ten (10) days before the day for the election. Such notices shall state the date, time, and place of the election as well as a description of the positions to be filled.

6.6 Manner of Conducting Elections.

6.6.1 Voting Machines., Paper Ballots, Electronic Voting System.

Elections shall be by voting machine, electronic voting system, or by paper ballot as the City Council shall determine; provided however that voting machines or electronic voting systems shall be used if required for municipal elections by general statute.

6.6.2 Absentee Voting. The City Council may, (but shall not be required to), by ordinance, provide for a qualified voter (duly registered if required by ordinance) who shall be unable to appear in person, to cast his or her ballot at any municipal election by absentee ballot.

6.6.3 Rules Governing Conduct of Elections. The City Council may, by resolution, adopt such rules and regulations, not inconsistent with the provisions of this Charter or with applicable state or federal law, governing the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt.

6.6.4 Election Board. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one member of the City Council who is not up for election (who shall serve as the chairman) and two other qualified voters of the City, to be chosen by the Council at the last regular Council meeting of the month prior to the election. At such time, the Council may also designate such others persons it shall deem necessary to assist the members of the Election Board in the conduct of the election and the counting of ballots.

In the event Council is unable to choose one member of Council to serve on the Election Board, Council shall appoint some other qualified voter of the City who shall serve as Chairman of the Election Board.

If, at the opening of the polls, or at any time thereafter, there shall not be present all the members of the Election Board, or in the event they shall fail or neglect to act in the conduct of the election during the times the polls are open until the ballots are counted and the results are certified, then In such case the ranking City officer available shall appoint a qualified voter or voters to act as a member or members of the Election Board to fill such vacancies caused by the absence of one or more members of the Election Board; provided however that no candidate for election nor any member of his/her immediate family shall sit on the Election Board. Members of the Election Board shall be the sole and final judges of the conduct of the election and of the legality of the votes offered. The Election Board shall have the power to subpoena persons, and officers of the City, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered.

6.6.5 Election Results. When the polls are closed, the Election Board shall publicly count the votes and shall certify the results of the election to each of the persons elected and to the Council. The candidate for the office of Mayor who receives the highest number of votes cast for that office shall be declared to be elected Mayor, and the candidate for the office of Councilmember from each district who receives the highest number of votes cast for that office shall be declared to be elected to that office and they shall continue in office during the terms for which they are chosen, or until their successors are duly elected and/or appointed and qualified.

6.6.6 Ties. Challenges. In the event of a tie vote for any office, the Election Board shall determine such tie by lot.

6.6.7 Preservation of Ballots and Records. All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for a period of fifteen (15) days, unless an appeal is filed in a court of appropriate jurisdiction.

7. Organization of City Council.

7.1 Organizational Meeting. An organizational meeting of the City Council shall be held at the first regular City Council meeting held in January of the year following the annual City election. Such meeting shall be held at the usual place for holding regular meetings. The newly elected Council members shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace, or by one of the holdover Council members.

7.2 Officers. The Mayor and members of the City Council shall be elected by the qualified voters of the City. All other officers shall be appointed offices, such appointments to be made by the City Council, as provided in §11 of this Charter. At the organizational meeting, the City Council members shall elect from among their own members a Vice Mayor who shall serve in that position for a term of one year or until the organizational meeting the January following the next succeeding election.

7.2.1 Mayor. It shall be the duty of the Mayor to preside at all meetings of the City Council, to serve as the head of the City government for all ceremonial purposes or for purposes of military law; to appoint such standing or ad hoc committees as he deems necessary or appropriate, such appointments to be subject to council confirmation, and to perform such other duties as may be prescribed by any ordinance or resolution adopted by the City Council. The Mayor shall have no vote on any matter except in case of a tie. For purposes of establishing a quorum, the Mayor shall not be counted, but only members of the Council.

The Mayor shall be authorized to act on behalf of the City, without prior Council approval, in the event of some sudden emergency requiring immediate action in order to protect the public health, safety, and welfare of the City, its residents 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 and dangerous flooding or serious storm threatening significant damage, a major civil 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 City where the scope of the emergency so declared includes the City of Harrington and it is not reasonably possible to convene a special meeting of the Council. If reasonably possible, the Mayor shall notify each Council member, in writing, of the action so taken by him within 24 hours. Notice shall be complete upon depositing such notice in the U.S. Mail, proper postage affixed, to each Council member at his or her last known address or upon personal delivery.

Any action taken by the Mayor under the powers vested in him under this section shall be as good as the act of the entire Council, provided that the Council may at any regular or special meeting held within 15 days of the Mayor's action, cancel the further implementation of any such action not yet completed and notify any persons or legal entities thereby affected.

7.2.2 Vice Mayor. The Vice Mayor shall act as Mayor during the absence or disability of the Mayor, and shall perform such other duties as may be assigned to him by the Mayor or by ordinance or resolution adopted by the City Council.

7.2.3 Treasurer. The City Council shall appoint a City Treasurer who shall be custodian of all City Funds and shall authorize deposit into federally-insured banking institutions located in the City as necessary.

He shall pay no money except upon warrant or check countersigned by the Mayor, or, in the Mayor's absence, by the City Manager.

The Mayor and City Treasurer shall sign no warrant or check on the City Treasury unless authorized by City Council pursuant to appropriation made by Council.

The Treasurer shall be responsible for seeing that a true and detailed account of all monies received by the City is maintained on a current basis. The books and accounts of the City shall at all times be open to inspection by the Council, Mayor or City Manager.

The City Treasurer shall make such reports and at such times as the Council may direct.

The City Treasurer shall be required to give bond in such amount and in such form with such surety as the Council shall determine and approve, the cost of said Bond to be paid by the City.

7.3 Succession of Authority In the event that the Mayor is unavailable or incapable of assuming his responsibilities in a sudden emergency (as defined in §7.2.1) the emergency powers therein vested in the Mayor shall devolve upon the following officers and officials of the City in the following order of sequence: (1) Vice Mayor, (2) Each of the remaining Council members in order of their total number of years served on Council, (3) the City Manager, (4) the Chief of Police, (5) the Clerk of the Council.

7.4 Prohibitions

7.4.1 Holding Other Office. Except where authorized by law, no member of the City Council, nor the Mayor, shall hold any other City Office or City employment during the term for which he was elected to Council. No councilmember or Mayor may apply for any compensated position with the City of Harrington unless he/she has resigned from the elected position prior to submitting application.

7.4.2 Contracts with the City. It shall be unlawful for the Council or the City's officers, agents, or employees, to make or enter into any contract for materials, supplies, work or labor for the use and benefit of the City with any member of Council or the Mayor, or with any partnership in which any member of Council, or the Mayor, is a partner, or with any corporation in which any member of Council, or the Mayor, is a director or has a controlling interest, except with the unanimous consent of the disinterested Council members, and any such contract shall be absolutely null and void without such unanimous consent.

7 5 Vacancies. Forfeiture of Office.

7.5.1 Vacancies. The office of Mayor or City Councilmember shall become vacant upon death, resignation, lawful removal from, or forfeiture of office.

7.5.2 Forfeiture Proceedings. A forfeiture of his office shall occur when the Mayor or any Councilmember:

(a) lacks, at any time during his or her term of office, any qualification for the office prescribed by this Charter or by law.

(b) willfully violates any express and substantive prohibition in this Charter.

(d) fails to attend three consecutive regular council meetings without being excused by Council.

7.5.3 Determination Concerning Forfeiture.

Where the conditions set forth in 7.5.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in 7.5.2 (a) or (b) are alleged to have occurred, a determination concerning such alleged forfeiture shall be made by the Council, but the affected party shall not have a vote in any such decision. Such deliberations may be held in executive session and if the Council determines by a unanimous vote of the Council members entitled to vote on the question, that a forfeiture has occurred, it shall, within forty—eight hours of that determination, provide written notice thereof to the affected Council member, stating specific reasons. The affected party shall then have ten days in which to make a written demand for a public hearing before the Council, to be held within twenty days of the written demand, at which hearing he or she may appear with the assistance of counsel and present evidence to the relevant issues. Thereafter, the Council shall hear any other relevant evidence and vote again on the question of forfeiture; and if a determination of forfeiture is again made by a unanimous vote by secret ballot of the Council members entitled to vote on the question, that decision, with a statement of the reasons therefor, shall be placed in the minutes and shall be final. Written notice of the decision shall be sent by certified mail, return receipt requested, within 48 hours of the decision.

7.5.4 Failure to Request Hearing as a Bar Failure of the affected person to make written demand for a public hearing as hereinabove stated shall be an absolute bar to his right to challenge the Council's decision. Public hearing may be waived by the affected Council member. During, or in connection with, any such proceedings, the 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.

7.6 Filling Vacancies on Council. In case of a vacancy in the office of Mayor or on the Council, the remaining Council members shall elect another qualified person to serve for the remainder of that vacant seat's term; provided, however, that if a vacancy shall occur in the office of Council member, the unexpired term of which shall be for more than one Cl) year, the Council shall elect another qualified person to serve only until the next annual election, at which time there shall be elected a suitable person to fill the remainder of the term of said office.

7.7 Compensation. The Mayor and Council members shall receive no salary for their services, but each shall be paid the sum of $25.00 for each regular or special meeting of the City Council they attend, effective January 1, 1995.

7.8 Reimbursement of Expenses The Mayor and members of Council shall be reimbursed for their actual and necessary expenses while on City business which has been duly authorized by motion, resolution or order of Council.

8. Annual Report to the Electors of the City At the organizational meeting of the City Council held in January of each year, the City Council shall present an annual report concerning the business of the City for the past year, as well as plans for improvements contemplated to be made during the succeeding year. Due notice of the time and place of the presentation of the annual report shall be published in a newspaper of general circulation within the City at least ten (10) days prior thereto.

The meeting shall be organized and conducted by the Mayor or his appointee and the Clerk of Council.

No action taken at this meeting shall be binding on the Mayor and Council, the intent of this meeting being that it be a means of informing the electors of the business affairs of the City.

9. Meetings.

9.1 Regular Meetings. The City Council shall meet regularly not less than once each month, during the year. The time and place of each regular meeting shall be set by Council each year at their organizational meeting, but Council shall not hereby be prohibited from rescheduling such meetings from time to time during the year as need arises.

9.2 Special Meeting: Waiver of Notice Special meetings shall be called by the Council Clerk upon the written request of the Mayor, or upon the written request of any four members of Council, stating the day, hour and place of the special meeting requested and the subject or subjects proposed to be considered thereat. Such notice to Council must be deposited in the U.S. mail in the main post office in the City at least 24 hours prior to the time set for such special meeting; provided, however, that a waiver of such notice, (written, telegraphic, facsimile, or recorded telephonic message) by all members of Council prior to or immediately upon the convening of such special meeting shall make the 24 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, if the waiver so states. Subject to the scope of the notice, the City Council shall have the same power and authority to enact all ordinances, adopt all resolutions, 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.

9.3 Adjourned Meetings The City Council may adjourn its meetings from time to time, stating the date, place, and time to which such meeting shall be adjourned

9.4 Place of Meetings. In the absence of emergency or other compelling circumstances, no action may be taken by the City Council except at a duly convened regular or special meeting, held in the City of Harrington, Delaware.

10. Manner of Acting

10.1 Rules of Procedure. Record of Proceedings. The City Council may determine its own rules of procedure and order of business. It shall keep a record of its proceedings. The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered, together with the text of the ordinance or resolution upon the Journal of the proceedings of the Council. Any member of the Council who is present at a meeting and who does not vote or who abstains from voting on any ordinance, resolution, or order shall state his reasons for not voting or for abstaining. The Journal shall be deemed conclusive evidence of the facts stated herein.

10.2 Ordinances. The Council is hereby vested with the authority to enact ordinances or resolutions relating to any subject within the powers and functions of the City, or relating to the government of the City, its peace and order, its sanitation, beauty, health, safety, convenience and property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances on any particular subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated.

In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:

(a) Adopt, repeal or amend an administrative code, or establish or abolish any City department, office, or agency;

(b) Provide for a fine or other penalty or establish a rule of regulation for violation of which a fine or other penalty may be imposed;

(d) Amend or repeal any ordinance previously adopted.

Acts other than those referred to in the preceding may be done either by ordinance or by resolution. Every ordinance shall be introduced in writing.

Vote on any ordinance may be by voice vote or written vote and the vote of each Council member on any ordinance shall be entered on the record.

10.3 Qum. A majority of the members elected to the City Council shall be physically present in order to constitute a quorum to conduct business, but if a lesser number be present at any regular or properly called special meeting, they may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance adopted by the majority of the entire Council.

10.4 Vote Necessary to Carry Action. In the performance of their duties, the acts, doings, and determinations of a majority of the City Council members present at any duly called meeting at which a quorum is present shall be as good as the acts, doings, and determinations of all the members of the Council.

11. Appointed Officers.

11.1 City Manager

11.1.1 Appointment Term The Council shall appoint a City Manager who shall be the chief administrative officer of the City. He/she shall be appointed solely on the basis of his/her professional, executive, and administrative qualifications. He/she need not, when appointed, be a resident of the City or of the State of Delaware, but shall, within three (3) months of his/her employment, become domiciled within such radius of the City Hall as reasonably determined by Council at the time of his/her appointment. No member of Council shall, during the term for which elected, be appointed to act as City Manager. The City Manager shall be appointed for an indefinite term, but shall be removable at the pleasure of the Council. Before the City Manager may be removed he/she shall be given a written statement of the reasons alleged for his/her removal and shall be granted, if he/she demands in writing filed with Clerk of Council within five (5) days after receiving the written notice of his removal, the right to be heard publicly thereon at a meeting of council, but pending and during such hearing the Council may suspend him/her from office under such terms and/or conditions as specified by Council. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Council. In case of the absence, disability, or suspension of the City Manager, the Council may designate some other competent person to perform the duties of the office during such absence, disability or suspension.

11.1.2 Vacancy from Office. In the event of a vacancy in the office of City Manager, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.

11.1.3 Responsibilities Relating to City Employees. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City placed in his/her charge, and to that end, except as otherwise provided herein: He/she shall seek applications, interview applicants, select and recommend the applicant he/she feels most qualified for a position in the administrative services of the affairs of the City under his/her charge and present such application along with his/her recommendations on all applicants to the City Council or its designated Committee for their review and action. All such appointments shall be without definite term.

11.1.4 Removal of City Employees. Employees under the authority of the City Manager may be removed by him/her at any time. The employees shall have the right to appeal such dismissal to the City Council or its Personnel Committee.

11.1.5 Council Not To Interfere. Except for the purposes of inquiry, the Council and its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through the City Manager, and neither Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately; provided, however, in the event of any emergency, (i.e. storms, water leaks, sewer blockages, etc.), wherein the City Manager is not available or he/she requests assistance, the Mayor or any Council member may take charge and in so doing may give direct orders to any employee of the City until such time that the emergency situation is abated and whatever clean-up work necessitated completed.

11.1.6 Responsibility to Council It shall be the duty of the City Manager to supervise the administration of the affairs of the City under his charge; to make such recommendations to the Council concerning the affairs of the City as may seem to him desirable, to keep Council advised of the financial conditions and future needs of the City, with the Budget Committee to prepare and submit to the Council the annual budget estimate, to prepare and submit to Council such reports as may be required by that body, and to perform such other duties as may be prescribed by this Charter or required of him/her by ordinances or resolution of Council.

11.1.7 Duties of City Manager. The City Manager shall have charge of the water and sewer systems of the City. He/she- shall have charge of the supervision of the streets, gutters, curbs, and sidewalks of the City and of all work relating thereto. He/she shall have charge of the administration of all provisions of this Charter and ordinances and regulations of the Council relating to affairs of the City, when not otherwise provided for by this Charter or by ordinance or resolution of Council. He/she shall be ex-officio Collector of Taxes for the City. It shall be his/her duty to collect all water rents and fees for the tapping of water mains and sewers and all City revenues from any source whatsoever.

He/she shall keep a full and strict account of all monies received and all disbursements made by him/her and such accounts shall be at all times open to inspection by the Council. He/she shall make such reports and at such times as the Council shall direct.

11.1.8 Bond. The Council may require the City Manager to give bond in such amount and such form and with such surety as the Council shall approve, said Bond to be paid by the City.

11.2 Clerk of Council. The Council Clerk shall keep a record of the proceedings of the Council and perform such other duties and have such powers as may be prescribed by ordinance or by this Charter. The City Manager shall not serve as Clerk of Council.

11 3 City Solicitor. At the annual meeting, the Council shall appoint a City Solicitor for the term of one year or until his successor has been duly chosen and qualified.

The City Solicitor may be removed during his term by a vote of three-fourths of the members elected to Council.

The City Solicitor shall be a member in good standing of the Bar of the State of Delaware who shall have offices in Kent County and shall have practiced in the State of Delaware for at least three (3) years. He shall be the Chief Legal Advisor of and Attorney for the City. It shall be his duty, either personally (or by such assistants as he may designate), to attend meetings of Council as prescribed by Council, to give advice in writing and to perform other legal services as may be required of him by Council, the City Manager, or other designated officers of the City.

11.4. Alderman (position deleted)

11.4.1 ,Jurisdiction. Jurisdiction over civil misdemeanors and fines is hereby remanded to J.P. Court.

11.5 Police Force.

11.5.1 Chief of Police: Police Officers. The Chief of Police shall be hired by the Personnel Committee and the Council, in the same procedure as the City Manager and shall have authority over the Police Department. The subordinate members of the police force shall each be appointed by the City Council upon the recommendation of the Personnel Committee and Chief of Police for an indefinite term and may be removed for just cause by a majority vote of all the elected members of the City Council. The police force shall preserve peace and order and shall compel obedience within the City limits to the three (3) members, each of whom shall be domiciled within the corporate limits of the City, and who shall serve for a one year term.

12.2.2 Oath. Duties. Compensation. The Board of Assessment shall be sworn or affirmed by the Mayor 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 limits of the City of Harrington and to perform such other duties with reference thereto as shall be prescribed from time to time by the City Council. The compensation to be by them received for the performance of their duties and/or the hiring of employees to assist them in the performance of their duties, shall be fixed by and subject to the approval of the City Council.

12.2.3 Professional Assessors to Assist. In addition to the appointed Board of Assessment, it shall be within the discretion of the Council to retain the services of a professional assessor to assist the Board of Assessment in performing the duties of the office to which they were appointed.

12.3 Assessment Procedure.

12.3.1 General Assessment In the year 1992 and every tenth year thereafter, if the Kent County assessment has not been adopted, there shall be made a true, just and impartial valuation and assessment of all the real property within the limits of the City, locating each parcel of real property by street and number or other description with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners or a wrong name on an assessment to "Owner Unknown" shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided, however, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds, in and for Kent County.

12.3.2 Scrap Assessment. The assessment made in the year 1992 and every tenth year thereafter, shall be known as the general assessment. In other years, there may be a scrap assessment as hereinafter provided.

The scrap assessment shall value and assess all taxable real property in the City not already valued and assessed by the general assessment then in force, and all improvements made upon real property since said general assessment.

The general assessment then in force, as supplemented or modified by the scrap assessment aforesaid, shall constitute the assessment for the then—current tax year, (unless, in that tax year, the City Council elects to adopt the Kent County Assessment as provided in §12.1).

12.3.3 Assessment of Members of Board of Assessment. The real property of the members of the Board of Assessment shall be assessed by the City Council of the City of Harrington.

12.4 Delivery of Assessment List: Additions to Tax Bill.

12.4.1 Delivery of Assessment List. In any year that the City Council does not elect to use the Kent County Assessments under §12.1, the Board of Assessment, after making such assessment, shall deliver to the City Council a list containing the names of owners of all properties assessed and the amount of assessment against each. The Board of Assessment shall also deliver at such time as many copies of said list as the City Council shall direct.

12.4.2 Additions to Tax Bills.. Whether utilizing the Kent County assessments or those prepared by the City's own Board of Assessment, the City Council may annually, prior to the posting of the assessment list, by resolution, provide for the City Manager a list of any and all charges, costs or other assessment owed to the City, which list of charges incurred shall include, but not limited to, the following: water bond sinking fund assessments, sidewalk assessments, curb and gutter assessments, water assessments, weed and grass cutting bills, trash collection bills, past due water rents and/or past due charges for sanitary sewer service. Said amounts, when adopted and set forth by resolution of Council, shall be shown on the copies of the assessments posted pursuant to the provisions of §12.5.1 of this Charter.

12.5 Assessment Appeals.

12.5.1 Posting of Assessment List. Notice. Immediately upon receiving the assessment list from the Board of Assessment, the City Council shall cause a full and complete copy of the same, containing the amount assessed to each taxable, to be made available for public inspection at the City Office, and there it shall remain for a period of at least fifteen (15) days for the information of and examination by all concerned. Appended thereto, and also in three or more public places in the City, shall be posted notice advertising to all concerned the date and place where the assessment list has been made available, and that, upon a certain day, place and time mentioned therein (not earlier than 15 days after the availability of the true and correct copy of the assessment list), the City Council will sit as a Board of Revision and Appeal to hear appeals from the said assessment and to make such corrections and revisions as it deems appropriate.

Such notice shall also be published at least once in a newspaper of general circulation in the City of Harrington not less than 10 days prior to the date set for such appeals.

12.5.2 Appeals Day. "Appeals Day" shall be on or before the first day of April. On the day set for such appeals, the City Council shall sit as a Board of Revision and Appeal to hear appeals from the said assessment and to correct and revise the assessment list as they deem appropriate. The City Council shall have full power and authority to correct, alter, revise, add to, and take from the said assessment. The decision of the Council shall be final and conclusive, unless an appeal is taken to the Superior Court of the State of Delaware in and for Kent County within ten (10) days from the date of the City Council's decision.

No member of the City Council shall sit on his own appeal, but the same shall be heard and determined by the other members of the City Council.

The Board of Assessment shall be present on the day fixed for hearing appeals and shall furnish to the City Council such information and answer such questions as the City Council may require in respect to any assessment for which an appeal has been taken. The City Council shall have the authority to enforce the attendance of the Board of Assessment by appropriate process. The assessment as approved, revised, or adjusted by the Council as aforesaid shall be the basis for the levy of taxes of the City (unless the City Council has elected to use the Kent County Assessments for that tax year).

12.5.3 Assessment and Taxation_of Gas__Mains. Telephone. Telegraph. and Power Poles and Appurtenances The Council shall have the right to levy and collect on gas mains, telephone, telegraph and power poles or other erections of like character within the limits of the City, together with wires and appliances thereto or thereon attached, and to this end may at anytime direct the same to be included in or added to the city assessment.

13. Annual Budget: Determination of Revenue Needs and Sources.

13.1 Annual Budget. On or before the first day of March each year, the Budget Committee and the City Manager shall prepare and submit to the Council a budget, presenting a financial plan for conducting the affairs of the City for the ensuing fiscal year.

The budget shall include the following information:

(a) A detailed statement showing the expenses of conducting each department and office of the City for the current year and last preceding year.

(b) A detailed estimate of the expenses of conducting each department and office of the City for the ensuing fiscal year with reasons for the increases and decreases recommended.

(d) A statement showing the amount required for interest on the City debt and for paying off any bonds maturing during the year and the amount required for the sinking fund.

(e) An itemized statement of all anticipated income of the City with a comparative statement of the amounts received by the City from each of the same or similar sources for the past preceding and current fiscal year.

(f) Such other information as the City Manager may think desirable or as may be required by Council. The Council shall, on or before the first day of June in each year, adopt a budget for the succeeding fiscal year. The Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations.

13.2 Determination of Revenue Needs. On or before the first day of June of each year and after the valuation and assessment shall have been examined, revised, and completed and after the annual budget has been adopted, the City Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised by the City to meet the fixed and anticipated expenses and obligations of the City, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the City Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.

13.3 Determination of Revenue Sources. The City Council shall then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the City the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. They shall then proceed to determine, assess, fix and/or levy as follows:

13.3.1 Real Propertv Taxes.. The rate of tax on real estate including improvements thereon per One Hundred Dollars ($100) of the assessed value; and/or

13.3.2 Utility Fixtures The rate of tax upon all gas mains, poles, construction, erections, wires and appurtenances thereto; and/or

13.3.3 License Fees. The several license fees to be charged for

carrying on or conducting any trade, businesses, professions or occupations carried on in the City; and/or

13.3.4 Municipal Services. The several rates to be charged for furnishing water service, sanitary sewer, trash collection; and/or other city services.

13.3.5 Other Services The fees or rates to be charged in respect to any other authorized source or revenue sufficient in their judgment and estimation to realize the amount to be raised from each such source determined by them to be used as aforesaid, provided, however, that sources 13.3.3, 13.3.4, and 13.3.5 aforementioned may be determined, fixed assessed, levied and/or altered or changed upon other than a fiscal year basis at any regular or special meeting of the City Council as the City Council, in its discretion, shall determine.

14 Tax Levy: Tax Limit: Savings Clause,

14.1 Tax Levy. The setting of the tax rate pursuant to §§13.3.1 and 13.3.2: (a) shall constitute the levy of such taxes and charges in accordance with the assessment list (subject to any pending assessment appeals to the Superior Court) and (b) shall constitute the Council's direction and authorization to the City Manager to make collection, when due, of such taxes and charges. The City Council shall obtain a bond for the City Treasurer, City Manger and/or Bookkeeper as necessary, in form suitable to the City Council with sufficient surety, in favor of the City of Harrington, in a sum to be determined by the City Council conditioned upon the faithful discharge of the trust imposed in them and for the collection of all taxes committed to them, and for the payment of the amount of all such taxes, excepting only as far as the City Council shall make allowances for. The City Manager shall proceed to collect the same as hereinafter provided.

14.2 Tax Limit. The total amount of money to be raised by real property taxes (§13.3.1) and utility fixture taxes (§13.3.2) shall in no year exceed ten percent (10%) of the total assessed valuation of all taxable real estate (and improvements thereon) in the City; but added thereto shall also be fixed a rate which will produce an amount sufficient to provide for interest on bonds, the redemption thereof at their general maturities, and to cover the sinking fund requirements. A reasonable sum for delinquencies, discounts and cost of collection may be added by Council to the amounts aforesaid, together with any additional sum or sums authorized to be levied and collected as in this Section, shall be levied and collected by the Council on the property and persons assessed as aforesaid and in accordance with such assessment and according to rates established by the Council.

14.3 Savings Clause. Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due the City of Harrington made prior to the approval of this Charter and the same are hereby declared to be valid, binding and vested in the City of Harrington created hereby.

15. Collection of Taxes.

15.1 Collection by City Manager. The City Manager shall be responsible for the collection of taxes hereunder.

15.2 Lien. All taxes (and municipal charges) so laid or imposed by the City shall be and constitute a lien, for a period of ten (10) years from the date so levied, upon the real estate against which such taxes are laid and imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any taxes so levied. Subject to the provisions of Chapter 29 of Title 25 of the Delaware Code, as it may from time to time hereafter be amended, or in accordance with the provisions of any future corresponding provisions of law, such lien shall have preference and priority to all other liens on such real estate as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and date prior to the time of the attaching of such lien for taxes.

15.3 Due Date' Discount for Early Payment. All taxes shall be due and payable at and from the time the real property tax rate is set under §13.3.1.

All taxes shall be paid to the City of Harrington. Taxes paid during the month of July in the calendar year they were assessed shall be allowed a three percent (3%) discount.

All taxes, when and as collected by the City Manager, shall be paid to or deposited to the credit of the City of Harrington, in federally-insured banking institutions approved by the City Council.

15.4 Place of Payment All taxes shall be payable at the City Office of the City of Harrington during the regular business hours of that office.

15.5 Penalty_for_Late Pavment;__Collection Fee. On all taxes paid on or after October 1st of each year, there shall be added and collected a penalty of two percent (27.) every month or fraction thereof such taxes shall remain unpaid, said penalty to be effective on the first day of October, and said penalty shall be collected in the same manner as the original amount of the tax. The City Council shall have the power to make just allowances for delinquencies in the collection of taxes. All taxes unpaid a year and a day after due shall be considered delinquent. In effecting a collection of any delinquent tax, the City Council may impose a collection charge reasonably calculated to recover the costs of collection.

15.6 Collection of Delinquent Taxes. It shall be the duty of the City Manager to proceed forthwith to collect all taxes together with penalties and costs (all hereinafter "delinquent taxes") unpaid a year and a day after due. In the collection of said delinquent taxes, the City Manager of the City of Harrington shall have all of the powers and authority conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County as set forth in 9 Del C. Chapter 87 as it may, from time to time hereafter, be amended, (or in accordance with any future corresponding provision of law).

Except as otherwise expressly stated herein, the provisions of Chapter 29 of Title 25 of the Delaware Code, as it may from time to time hereafter be amended, (or in accordance with any future corresponding provision of law) shall be deemed and held to apply to all taxes levied and imposed under the provisions of this Charter.

16. . Borrowing Powers.

16.1 Short-Term Borrowings by City Council Without Voter Approval, Revenue Anticipation Loans. The City Council shall have the power to borrow money on the full faith and credit of the City, without approval of the voters and without regard to the provisions of Section 16.2 of this Charter, such sum or sums not exceeding in the aggregate five hundred thousand dollars ($500,000.00) for general purposes when, in the opinion of a majority of the entire City Council, the needs of the City require it; provided, however, that any new borrowings under this Section 16.1 made after the effective date of this act shall, by their 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 City Council duly authorized by Resolution of the City Council and signed by the Mayor and attested by the Clerk of the City Council with the municipal seal affixed. No Council member nor the Mayor shall be personally liable for the payment of any such note or any other evidence of indebtedness because it is signed by him as a Council member or as Mayor, provided that he is so authorized by Resolution of City 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 (including any county or municipal government). Any sum(s) of money borrowed on the full faith and credit of the City shall be paid from the general funds of the City. The aggregate amount of outstanding principal from any such borrowing or borrowings under this §16.1 shall at no time exceed five hundred thousand dollars ($500,000.00).

16.2 Long-Term Borrowings_- Voter Approval__Required. In addition to other borrowing powers granted to the City under this Charter or by special act, the City Council shall have authority to borrow money for any proper municipal purpose through the issuance of bonds or certificates of indebtedness to secure the repayment thereof, on the full faith and credit of the City, or such other security or securities as the City Council shall elect, for the payment of principal thereof and interest due thereon.

16.2.1 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 City 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 handling, production, manufacture, supply, treatment or distribution of gas, water, electricity, sanitary sewer, or storm water drainage system, or any of them, and the condemning or purchasing of any lands, easements, and right-of-ways which may be required therefore.

(a) constructing, paving, laying out, widening, extending, repairing and maintaining streets, lanes, alleys and ways, sidewalks, curbing and/or gutters, including storm water sewers, along the same, and the condemning or purchasing of lands, easements or rights of ways which may be required therefor

(b) defraying the costs to the City of any other municipal improvement provided for or authorized or implied by the provisions of this Charter

(c) paying all expenses deemed necessary by the City Council for the issuance of said bonds or certificates of indebtedness, including bond discount and legal expenses of bond counsel.

16.2.2 Exempt From Taxation. All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the City pursuant to the provisions of this section, and the interest thereon, shall be exempt from all taxation by the State of Delaware, its agencies, and political subdivisions (including any County or municipal government).

16.2.3 Limit of Aggregate Long-Term Indebtedness. The aggregate of the amount so borrowed together with all other bonded indebtedness for which the full faith and credit of the City of Harrington has been pledged shall not at any time exceed a sum equal to fifteen percent (15L) of the total assessed value of all non-tax-exempt real property situated within the bounds of the City of Harrington as such boundaries shall from time to time appear.

16.2.4 Procedure: Notice Hearing. Election. In order to proceed under the power granted in this section, the City Council shall authorize such borrowing in the following manner:

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

Where the City Council is proposing to borrow money for several distinct purposes, the resolution shall identify each such purpose and the amount desired to be borrowed as to each.

(b)(1) Notice of the time, date, and place of the hearing on the resolution authorizing said borrowing shall be published in a newspaper of general circulation in the City not less than ten (10) days, nor more than twenty (20) days, prior to the date set for the public hearing. In addition to the time, date, and place of the public hearing such notices shall contain the same information as required under §16.2.4(a) above.

(b)(2) In addition to publication as herein provided, the City Council shall, not less than ten (10) days nor more than twenty (20) days prior to the date set for the hearing, cause a public notice containing the information required above to be posted in at least five (5) public places in the City. In the event the publications and/or postings do not appear on the same date, the date of the last publication shall control.

(c) If, at any time following the public hearing, the City Council determines to proceed with the proposed borrowing, it shall pass a second resolution ordering a special election to be held, upon not less than twenty-one (21) nor more than sixty (60) days public notice, for the purpose of voting for or against the proposed borrowing. The passage of the second Resolution shall ipso facto be considered a determination by the City Council to proceed with the matter in issue; provided however, that the City Council may, at any time subsequent thereto, and based upon a significant change in the relevant circumstances, act by resolution passed by a majority of the entire Council to cancel the Special Election and abandon the proposed borrowing.

(d)(1) The notice of the time, date, and place of holding the said Special Election shall be printed in a newspaper of general circulation in the City, once a week for three successive weeks prior to the date set for the Special Election. In addition to the time, date and place of the election, such notice shall contain the same information as required under §16.2.4(a).

(d)(2) In addition to such publication as herein provided, the City Council shall, not less than twenty-one (21) days nor more than sixty (60) days before the date set for the election, cause public notice, containing the information set out in subsection (d)(1) above (using date of "posting" for date of "publication"), to be posted in at least three (3) public places in the City. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control.

(e) At such special election, any person who is entitled to vote in the regular municipal election if it were held on that day, shall be entitled to one vote. (For purposes of this section, "entitled to vote" shall include

"registered to vote" if voter registration is required for the regular municipal election).

(f) 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:

(1) For the proposed borrowing

(2) Against the proposed borrowing

In the event the City is proposing to borrow monies for several projects, the foregoing designation shall be set opposite each such project so as to allow the voter to cast his vote for or against each.

The voter shall be instructed to mark the box for which he casts his vote.

(g) The Mayor, by and with the advice and consent of the majority of the City Council, shall appoint three (3) persons to act as a Board of Special Election. The polling places shall be opened for a minimum of seven hours. Persons in the polling place at the time appointed for closing of the polls shall be entitled to vote.

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

(i) If a majority of the votes cast at such special election shall be in favor of any such borrowing(s), the City Council shall proceed with the issuance of the said bonds or certificates of indebtedness; provided, however, that based upon a significant change in the relevant circumstances, the City Council may, at any time prior to entering into a binding agreement for the public or private sale of such bond(s) or evidence(s) of indebtedness, by resolution passed by a majority of the entire Council, abandon the proposed borrowing.

16 2 5 Form of Bonds. The form of the bonds or certificates of indebtedness and the thereunto attached coupons, if any, the time or times of payment, the interest rate, the classes, the series, the maturity, the registration, 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 City Council after said Special Election.

16.2.6 Public or Private Sale. The 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) therefore after advertisement in a manner to be prescribed by the City Council, for at least one (1) month before offering the same for sale.

16.2.7 Provision for Payment: Special Tax. Sinking Fund The City Council shall provide for the payment of interest on and principal of the said bonds or certificates of indebtedness at the maturity or maturities thereof. The said City Council is authorized and empowered, at its discretion, to levy a special tax upon all the real estate within the City or only upon such real estate as is directly benefited by the improvements paid for by the proceeds of such borrowing to pay interest on said bonds and/or principal; and at the Council's discretion, to establish a sinking fund adequate to the redemption, at or before maturity, of all bonds or certificates 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 year exceed a sum equal to five per centum of the total bonded indebtedness. The special tax provided for in this Section 16.2.7 shall be collected from the owners of real estate in the same manner as the other real property taxes levied by the said City Council are collected. Said City Council may also appropriate and set aside for such sinking fund so much of the general funds of the City as it may from time to time think advisable. The sinking fund provided for by this Section 16.2.7 shall be deposited in federally insured deposits in a bank, trust company, or other banking institution until such time as it may be needed for the redemption of the bonds.

16.2.8 Full Faith and Credit Unless Otherwise Stated. Unless any such bond(s) or certificate(s) of indebtedness shall provide otherwise, the full faith and credit of the City of Harrington shall be deemed to be pledged for the due payment of the bonds 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 provision of this Charter.

16.2.9 Statute of Limitations. 60 Days. No action contesting any proceedings conducted, or action taken, by the City Council hereunder regarding the authorization of any bonds or certificates of indebtedness issued under this Section 16.2 shall be brought after the expiration of sixty (60) days from the publication of a notice in at least two newspapers, one of which shall be of general circulation in the City of Harrington and one which shall be of general circulation in the State of Delaware, which notice shall announce the following information:

(a) That the City Council has determined to borrow a certain sum or sums of money and to issue bonds or certificates of indebtedness therefor

(b) That the proposal(s) has/have been approved by a majority of those casting votes at a special election in the City called for the purpose of voting for or against the borrowing

(d) The purpose(s) for which each amount is to be borrowed

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

(f) In addition to publication as herein provided, the City Council shall cause a public notice, containing the information set out in subsections (a) through (e) above (using date of "posting" for date of "publication") to be posted in at least three (3) public places in the City. In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control.

17. Financial Matters Generally

17.1 Use of City Monies. The City Council shall have full power and authority to use the money in the Treasury of the City, or any portion thereof, from time to time, for the improvement, benefit, protection, ornamentation and best interests of the City, as Council may deem proper, and to use City money to accomplish and carry into effect all acts and things which it has power to do by virtue of the laws of Delaware, this Act and all lawful ordinances and resolutions of Council.

17.2 Designation of Fiscal Year. The fiscal year of the City shall begin the first day of July and shall end with the next succeeding thirtieth day of June.

17.3 Cash Disbursements and Report of Same to Council. No claim against the City shall be paid except on a warrant or check approved by the City Manager and approved and countersigned by the Mayor and/or Treasurer. The City Manager shall examine all payroll, bills and other claims and demands against the City and shall issue no warrant or check for payment, unless he finds that the claim is proper and in proper form and correctly computed. The City Manager shall, at one monthly meeting of Council, present a report showing in detail all bills and other claims for which warrants or checks were drawn the preceding month, with exception of payroll and payroll—related expenses.

17.4 Annual Audit. The City Council shall retain a certified public accountant to be the auditor of accounts of the City of Harrington. Annually in the month of August, it shall be the duty of the auditor to audit the books and accounts of the City and all its officers whose duty involves the collection, custody and payment of moneys to the City. The auditor shall, on or before expiration of one hundred twenty (120) days from the end of the fiscal year, annually make and deliver a detailed report of any and all accounts, records, and books by them examined and audited which report under his hand and seal 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 City of Harrington within thirty (30) days of its receipt by the City Council. The auditor, in the performance of his duties, shall have access to all records and accounts of the offices of the City.

18. Planning; Subdivision and Land Development.

18.1 Planning. The City Council may appoint a City Planning and Zoning Commission in accordance with Chapter 7 of Title 22 of the Delaware Code (as it may hereafter be amended, or in accordance with any future corresponding provision of the law) for the development and beautification of the City, and prescribe its powers and duties, which may include administration of a Zoning Ordinance and a land subdivision ordinance and providing advice to City Council with regard to any proposed amendments or revisions to the City's Comprehensive Plan, Zoning Map, or Zoning Ordinance.

18.2 Power to Regulate In order to provide for the orderly growth and development of the City, to promote the health, safety, prosperity, and general welfare of the present and future inhabitants of the City, to insure the conservation of property values and natural resources, including the protection of the City's open lands, water resources, and recreational potential, and to afford adequate provision for public utilities, water supply, drainage, sanitation, vehicular access, educational and recreational facilities, parkland and open space, among other and related activities, the City may regulate the subdivision of all land in the City. Such regulation may, through ordinance, include:

(a) Varying procedures for insuring the processing of combining, partitioning, or land subdivision plans, within a reasonable period of time, relative to the number of lots or parcels and the extent of improvements required;

(b) Procedures for insuring that the arrangement of the lots or parcels of land or improvements thereon shall conform to the existing zoning at the time of recordation and that streets, or rights-of-way, bordering or within subdivided land shall be of such widths and grades and in such locations as may be deemed necessary to accommodate prospective traffic, that adequate easements or rights-of-way shall be provided for drainage and utilities, that reservations of areas designed for their use as public grounds shall be of suitable size and location for their designated uses, that sufficient and suitable monuments and signage shall be required, that land which might constitute a menace to safety, health or general welfare shall be made safe for the purpose for which it is subdivided, and that adequate provision for water supply is made;

(a) Procedures for encouraging and promoting flexibility and
ingenuity in the layout and design of subdivisions and land development, and for encouraging practices which are in accordance with contemporary and evolving principles of site planning and development.

(a) Requiring, through dedication of land, money in lieu of land, "impact fees" or otherwise, that those subject to such regulation provide, at their own expense, such municipal or public improvements (including enlargement, expansion, improvement, or enhancement of existing municipal or public improvements) which have a rational nexus to the proposed land subdivision, combining, or partitioning, including, by way of example and not in limitation, the paving of streets, installation of sidewalks, curbs, storm sewers; water lines, storage or treatment facilities; sanitary sewer lines, lift stations, or treatment plants; electric distribution lines; street signs; access roads; playgrounds, parks, and open areas. In imposing such requirements, the City may consider and take into account future as well as immediate needs, and potential as well as present population factors affecting the neighborhood in question.

(a) Procedures for insuring that any improvements to be constructed on such lands are in compliance with all appropriate City ordinances and that the placement and location of such improvements will not have a significant negative impact on adjoining properties.

(f) Procedures for securing financial guarantees from the developers of such lands to insure satisfactory completion of all such required improvements, which may include extending the term of such guarantee for a reasonable period of time (not exceeding three years) beyond the actual completion of such improvements by the developer or acceptance of such improvements by the City.

18.3 Recording Unapproved Plans: No Legal Force or Effect• In the event an ordinance of the City so provides, no plat, plot, or plan of land for the subdivision, partition, or combining of land within the City shall be received for filing or recording by the Recorder of Deeds in and for Kent County unless and until such plat, plot, or plan shall have been approved by the City body so authorized to grant such approvals and the fact of such approvals shall have been endorsed in writing on such plan. Any such plat, plot, or plan recorded in violation of this section shall be of no legal force or effect.

19. Streets and Alleys: Power to Lay Out. Locate Open. Widen Alter. Close. Vacate or Abandon The City Council shall have the power and authority to lay out, locate, and open new streets or alleys, or to widen or alter existing streets or alleys, or parts thereof, and to close, vacate, or abandon existing or proposed streets or alleys or parts thereof, whenever the City Council shall deem it in the best interest of the City.

19.1 Initiation of Proceedings The procedures set forth in this Charter to lay out, locate, open, widen, alter, close, vacate, or abandon a street or alley in the City of Harrington may be commenced by resolution of the City Council.

19.2 Resolution Proposing Change: Notice:_Hearing. Any such resolution shall contain a description of the proposed change and shall fix a time, date, and place when the City Council shall sit to hear comments and objections concerning the proposal. At least twenty-one (21) days before the date set for such hearing, the resolution adopted by the City Council shall be printed in a newspaper having a general circulation in the City of Harrington and shall be posted in three (3) public places in the City.

19.3 Notice to Effected Property Owners. The City Council shall also cause Notice to be sent, certified mail, return receipt requested, to the owner(s) of record of the real estate through, over, or abutting which such street or alley may run. 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 effected property owners under this §19.4 shall be provided at least twenty-one (21) days before the date set for the hearing. Notice to one joint owner shall constitute notice to all.

19.4 Hearing. At the time and place in the resolution, the City Council shall hear such residents or taxables of the City or owners of the property affected thereby, as shall attend the hearing. After hearing all comments, the City Council shall, at said meeting, or at a subsequent date, as it may deem proper, by motion proceed with, or abandon, the proposed locating, laying out, widening, altering, closing, vacating, or abandoning of any street(s) or alley(s) or parts thereof contemplated in its aforementioned prior resolution.

19.5 Payment of Compensation. In every case where the City Council shall resolve to proceed with the plan contemplated, or a portion thereof, the City Council shall award just and reasonable compensation after two professional appraisals are averaged 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 City, on a warrant drawn upon him by authority of the City Council aforesaid upon delivery of a good and sufficient deed conveying a fee simple title unto The City of Harrington"; which title shall be clear and free of all liens and encumbrances. Notice of compensation shall be given to effected property owners as provided in §19.4.

19.6 Property Owner's Right of Appeal. If the owner be dissatisfied with the amount of compensation or damages allowed by the City, as aforesaid, said property owner may, within thirty (30) days after such notice, as aforesaid, was mailed, delivered, or posted on the property, appeal from the written notice of award of compensation or damages by depositing in the United States mail, written notice, by certified mail with return receipt requested and postage prepaid, to the Mayor of the City to the effect that he or she is dissatisfied with the amount of such compensation or damages. Upon receipt of such notice of appeal, the City Council may abandon the proposed opening, improvements, closing, vacation, or abandonment or proceed under Chapter 61 of Title 10 of the Delaware Code (as it may from time to time hereafter be amended, or in accordance with any future corresponding provision of law) to condemn such property or interest therein and pay just compensation therefor.

19.7 Disposal of Abandoned or Vacated Street Lands. Whenever the land comprehended or included in any street or part thereof vacated or abandoned under this section be owned by the City, the City Council may, in its discretion, sell such land at public or private sale and for such consideration as the City Council shall deem proper. The City Council shall have the right and power to convey to the purchaser or purchasers thereof, good and sufficient title thereto for whatever estate the City may have therein.

19.8 "Street" Defined. For all purposes of this §19, the word "street" shall be deemed and held to comprehend and include sidewalks, lanes, alleys, roadways, streets, or other highways.

20. Constructing Paving and Repairing of Streets Curbs and/or Gutters. The City Council shall have full power and authority to regrade, redress and otherwise repair and rebuild all existing streets, lanes, alleys, other public thoroughfares, and/or curbs and gutters, in the City and to construct, built, pave, and in any manner improve all new and existing streets, lanes, alleys, other public thoroughfares and/or curbs and gutters now open, or to be hereafter opened, for public use in the City, and in so doing, may employ such contractors, engineers, inspectors and others as the Council shall deem expedient. To this end the City 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, repair and up-keep of any street, lane, alley, roadway or other highway within the City limits.

The City Council shall also have full power and authority to expend such part or parts of the money of the City, in the general fund of the City not otherwise budgeted, towards the carrying out of any powers and authorities granted unto the City Council under and by virtue of this Section of the Charter.

21. Sidewalks. In the event that it becomes necessary or desirable for the City to level, grade, flag, reflag, curb or recurb, gutter or regutter, pave or repave, the sidewalks, of the City of Harrington or to repair or improve any sidewalk, the following procedure shall be followed:

21.1 Resolution. The City Council shall adopt a resolution stating that on a named day and at a named hour and place, the City Council will meet to consider the question of laying, installing or constructing new sidewalks, or the repair or replacement of particular sidewalks on a named street adjoining, along, or in front of the property of a named owner or owners and the assessment of the costs thereof against such owner or owners. The resolution shall be delivered personally or mailed, certified mail, return receipt requested, to the owner(s) of such property(s) as shown on the City's tax records at least fifteen (15) days prior to the meeting. In the event the property is assessed to "unknown owner", such notice shall be posted on the property. The City Council shall hold a public hearing pursuant to said resolution and thereat shall hear the aforesaid owner or owners of property and other residents of the City appearing on the question referred to in said resolution.

21.2 Determination to Proceed. After such public hearing, the City Council, either at said public hearing, or at a subsequent regular or special meeting, shall decide whether or not to proceed with the improvements referred to in said resolution, and if it shall determine to proceed, the City Council shall determine whether the whole or some specified portion of the cost of the improvement adjoining, along or in front of the property of the said owner or owners named in the aforesaid resolution shall be borne by said owner or owners. If said determination shall be that the whole or a specified
proportion of said cost shall be borne by the said owner or owners, then and in that event, the said owner or owners shall be compelled to pay the whole or a specified proportion of costs, as the case may be. The amount to be paid by the owner of each parcel for their property affected shall be determined according to the lineal footage of their parcel(s) adjoining, along or in front of which the improvement or improvements were made.

21.3 Assessment and Collection of Costs: Lien. Whenever the laying, installing or constructing of new sidewalks or replacement or repair of existing sidewalks or all of them have been made, and the cost thereof ascertained, the City Council shall ascertain the amount that the owner or owners of each parcel of property shall pay as hereinbefore stated, and shall give written notice thereof to said owner or owners. If such owner or owners shall fail to pay the specified amount within sixty (60) days after the mailing of such notice, the same, together with interest and costs, may be collected by the same procedures as are set forth herein for the collection of taxes. The amount so assessed shall be and constitute a lien upon all the property adjoining, along or in front of which the said work was accomplished, and such liens shall have preference and priority over any other liens or encumbrances against said property for a period of ten years from the date of mailing of the notice, although such other lien or encumbrance be of a date prior to the time of the attaching of such liens for the improvements as provided hereunder.

21.4 Notice. Whenever written notice is required to be given to any "owner" by this section 21, notice to one co-owner shall be notice to all. Notice shall be given by personal delivery or by mailing same, certified mail, return receipt requested, proper postage affixed, to said owner at his or her last known address as shown on the City's tax records; provided however, that the failure of any owner to actually receive such notice, (being returned as, among other reasons, "unclaimed", "refused to accept", "moved, no forwarding address") shall not invalidate any action taken under this §21.

21.5 Change in Ownership The word "owner" as used in this section shall be deemed to mean the freeholders or leaseholders of the property at the time of the resolution adopted under §21.1, and any change in ownership thereafter shall not be deemed or held to affect any of the proceedings described in this section.

21.6 Construction Supervision, Standard. The City 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 others as the City Council may deem expedient.

22. Other Special Assessments. The City Council shall have the authority to levy and collect special assessments upon property in a limited and determinable area for the special benefits accruing to such property as a consequence of any municipal public work or improvements, and to provide for the payment of all, or any part, of the costs of the work, service or improvements out of the proceeds of such assessments.

22.1 Owner Defined Change in Ownership When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed to mean the person or persons who owned the property in question at the time of the enactment of the assessment ordinance, and any change in ownership thereafter shall not be deemed to affect any of the steps or proceedings described in this Section with respect to special assessment.

22.2 Ordinances for J..e_vy and Collection of Special Assessments. The Council shall also have the authority to enact ordinances which provide for the levy and collection of assessments, against property owners, for the cost of installation of sanitary sewers, storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters, and other public improvements.

Such ordinances shall prescribe the following:

A. The basis to determine the amount which shall be assessed upon the properties abutting the public work or improvements.

B. What portion of corner properties shall be considered frontage and what portion side frontage.

C. Payment provisions providing for payment in installments, except that assessment for current services or service connections shall be payable within one year; and

D. Rules under which individual appeals shall be heard.

All special assessments and all water and sewer service charges shall be liens and shall be entered in the Municipal Lien Docket as liens.

The Council may provide for the payment of special assessments for whatever purpose levied by installments, but assessments for permanent improvements shall be paid in annual or more frequent installments, and assessments for current services shall be payable within one (1) years.

22.3 Municipal Lien Docket A docket known as the "City of Harrington Municipal Lien Docket" shall be prepared and maintained by the City Manager. The docket shall be in substantially the same form as the judgment docket for Kent County, shall contain all liens for municipal improvements for which special assessments are levied, and shall contain an index according to the name of the owner against whom such lien has been assessed. No municipal lien shall be valid after January 1, 1992 unless it is duly recorded in said docket. All liens so recorded shall continue in full force and effect until said assessment and accrued costs have been paid in full. Upon payment in full of the amount of the assessment and accrued costs, it shall be the duty of the City Manager to enter forth upon the docket, the date of final payment and the words "satisfied in full".

23. Drainage. The City shall have the full jurisdiction and control, within the limits of the City, of the drainage of all water thereof, together with the right to alter and change the course and direction of any of the natural water courses, runs and rivulets within the limits of the City and may pass ordinances for the opening of gutters, storm sewers and underground drains within the limits of the City. The City shall also have full power to regulate, maintain, clean and keep the natural water courses, runs and rivulets within the City limits open and clean and unobstructed and for that purpose may authorize the entry upon private lands and take, condemn and occupy the same in accordance with the procedures set forth in Chapter 61 of Title 10 of the Delaware Code. by like proceedings the City shall also have the power and authority to enter upon private lands and take, condemn and occupy the same for the purpose of laying-down gutters, storm sewers and underground water drains, or any of them, within the City limits.

24. Water System. The City shall have full power and authority to provide an ample supply of potable water for the City 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, re-new, 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 controlled by the City or belonging to any private individual(s).

The City Council shall have power to enact ordinances, rules and regulations in regard to the use for public or private purposes of water furnished by the City; the amounts 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 wilful or negligent injury or damage to or interference with the water system or equipment of the City.

The City Council may, at its option, furnish water from the City system to places and properties outside the City limits and upon special terms, charges and conditions as it shall deem beneficial to the City.

The City Council shall have the power to make contracts for the purchase of water and to distribute the same to users within or without the said City with the same full powers as if such water had been initially produced or reduced to usefulness by the City itself.

The City Council shall have the power to enter contracts for the sale of water outside the limits of the City upon such terms and conditions as the City Council shall, in the exercise of its sound discretion deem to be advantageous to the City; and also to enter into mutual aid agreements with other water suppliers conducting operations near the limits of the City upon such terms and conditions as City Council shall deem best.

The City Council shall have power to enact ordinances granting franchises for such term or terms of years as shall seem wise to the City Council to use the present or future streets, squares, alleys, and lanes of the City for the purpose of furnishing water to the City and to the persons, firms or corporations residing therein, and for the purpose of transmitting the same, or any, or all of them, through, over, across or under said streets, squares, alleys, and lanes to points outside the City limits, any such franchise or franchises, to contain such restrictions, conditions, and stipulations as the said City Council shall deem advantageous to the City.

The City may, by condemnation proceedings, take private land and property, or the right to use private land and property, under, over, or on the surface thereof, for the proper furnishing of an ample supply of potable water or the creation, construction, extension, maintenance of a proper water system, or the distribution thereof as above provided. The proceedings by condemnation under this Section shall be the same as prescribed by Section Chapter 61 of Title 10 of the Code of Delaware as it may from time to time hereafter be amended or in accordance with any future corresponding provision of law.

25. Sewer System. The Council shall have superintendence and supervision of the sewers and the sewage system of the City. They shall have power to install any or additional sewers in the City. The Council may take condemnation proceedings for sewer purposes, private land or the right to use private land under the surface thereof, for the laying of sewer mains. The proceedings by condemnation under this Section shall be in accordance with Chapter 61 of Title 10 of the Code of Delaware as it may from time to time hereafter be amended or in accordance with any future corresponding provision of law.

The Council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer systems of the City and the use thereof, and may fix fines and penalties for the violation of the provisions of such ordinances. The Council may require any property to be connected with the water and sewer mains and to compel the owner of such property to pay the cost of such connection and the tapping thereof shall be under the regulation and control of Council.

The Council may extend the sewer system of the City to places outside of the City limits upon such terms, charges and conditions as it shall determine.

The Council is hereby authorized to impose a charge or rent for the use of that sewer system of the City, both within and without the limits of the City and in addition to the connection or tapping charge.

26. Solid Waste and Sewage Disposal. The Council shall have power to provide for the incineration and other sanitary disposal of litter, debris, refuse, garbage and sewage.

The Council shall have power to adopt ordinances, rules and regulations in regard to solid waste and sewage disposal and set the amount to be paid by the users thereof.

27. Contracts. The Council is vested with authority on behalf of the City to enter into contracts for the rendering of personal service to the City and/or for purchases for the City, provided, however that:

A. No contract shall be made by Council for any purpose, the contract price of which is in excess of $20,000.00 without public competitive bidding;

B. The contract shall be awarded to the lowest responsible bidder, but Council may reject any and/or all bids for any reason it deems advantageous to the City.

C. All formal contracts shall be signed by the Mayor with the seal of the City affixed and attested by the Clerk of the Council.

D. Anything herein to the contrary notwithstanding, all contracts for "professional services" (as that term is defined in the Delaware "Professional Services Act", being Subchapter II of Chapter 69 of Title 29 of the Delaware Code) shall be let only in compliance with said act as it may from time to time hereinafter be amended, or in accordance with any future corresponding provision of law.

E. No contract shall exceed two years' duration.

28. Non-binding Referendum The City Council may, on its own initiative, by resolution, determine to hold an election (either a Special Election or in conjunction with the Regular Municipal election) to obtain the opinion of the qualified voters (as defined herein of the City on any subject which the City Council has under consideration.

Any such election shall be conducted in such manner and with such public notice, as the City Council shall determine by resolution; provided however that any such resolutions, and any public notices regarding such non-binding referendum election, shall clearly specify that such referendum election is "non-binding". The results of any "non-binding" referendum election conducted under this section shall have no legal effect whatsoever and shall not bind or obligate the City Council to take any action or refrain from taking any action on the subject referred, but shall merely be informational in nature regarding the opinion of those qualified. voters who expressed a preference at such non-binding referendum election.

1. Actions or Suits: Notice of Claim. No action, suit, or proceeding shall be brought or maintained against the City of Harrington, its officers (including the members of any board, commission, or agency), employees, or agents, whether now, hereafter, or previously serving as such, and no judgment, damages, penalties, costs, or other money entitlement shall be awarded or assessed against the City, its officers, (including the members of any board, commission, or agency) employees or agents, whether now, hereafter or previously serving as such, in any civil suit or proceeding at law or in equity, or before any administrative tribunal, arising out of, connected with, or on account of any physical injury or injuries, death, or any other type of personal injury, (including libel or slander), or injury to property (whether real or personal) unless the person by or on behalf of whom such claim or demand is asserted, within one year from the happening of the incident giving rise to such injury shall notify the City of Harrington in writing of the time, place, cause, character and extent of the injury sustained or damages suffered. Such notice shall be directed to the Mayor of the City of Harrington by certified mail with return receipt requested and postage prepaid.

1. Compendium It shall be the duty of the City Council, at reasonable intervals, to compile the ordinances, current regulations, orders and rules of the City of Harrington. The City Council shall have a reasonable number of copies printed for the use of the officials of the City and for public information. From time to time, upon enactment of new ordinances, current rules and regulations, or upon the enactment of amendments to same, the City Council shall enroll the same in the minutes of the City Council and shall keep copies of the same in a book to be provided for that purpose so that the same may be readily examined. It shall furnish the members of the City Council of the City of Harrington copies thereof as they are enacted and therefrom may cause supplements to be compiled and printed to any compendium thereof theretofore printed as above provided.

1. Repealer. All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter shall be and the same are hereby repealed to the extent of any such inconsistency.

1. Survival of Powers and Validating Section.

32.1 All powers conferred upon or vested in the City Council of the City of Harrington 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 City of Harrington and/or the City Council of Harrington precisely as if each of said powers was expressly set forth in this Charter.

32.2 All ordinances, resolutions, orders, policies, and regulations adopted by the City Council of The City of Harrington and in force at the time of approval and effective date of this Charter are continued in force until the same or any of them shall be repealed, modified or altered by the City Council of Harrington under the provisions of this Charter.

32.3 All of the acts and doings of the City Council of Harrington or of any official, or of the Mayor, or the City which shall have been lawfully done or performed under the provisions of any law of this State or of any ordinance of the City of Harrington or under any provision of any prior Charter of the City of Harrington, prior to the approval and effective date of this Charter, are hereby ratified and confirmed, unless otherwise provided herein.

32.4 All taxes, debts, assessments, license fees, penalties, fines, forfeitures, and other charges due to the City of Harrington shall be and remain due to the City of Harrington and all debts due from the City of Harrington shall be deemed to be debts of the City of Harrington, and the same shall remain unimpaired until paid.

32.5 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 City of Harrington.

32.6 The bonds given by or on account of any official of the City of Harrington shall not be impaired or affected by the provisions of this Charter.

32.7 The Mayor and each member of the City Council, and any other appointed City official who holds office at the time of approval of this Act shall continue to serve until the expiration of his term of office.

32.8 All rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the City department, office, or agency appropriate under this Charter.

33 Separability. If any provision, section, sub-section, paragraph, sentence, or clause 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 provisions, sections, sub-sections, paragraphs, sentences or clauses of this Charter.

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

35. Effective Date. This Act shall take effect upon its enactment into law.

Approved July 8, 1993

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