CHAPTER 34
FORMERLY SENATE BILL NO. 49
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO REINCORPORATE THE TOWN OF BLADES.
WHEREAS, it is deemed desirable that the Charter of the Town of Blades, being Chapter 155, Volume 28, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Blades", be consolidated into one complete Act and in certain respects supplemented, amended and revised.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of Delaware ( two-thirds of all Members elected to each House thereof concurring therein):
INCORPORATION
Section 1. The inhabitants of The Town of Blades within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic and corporate in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature whatsoever by the corporate name of "The Town of Blades".
TERRITORY AND LIMITS
Section 2. The present boundaries and limits of The Town of Blades are hereby established and declared to be, as follows: Beginning at a point on the southern side of the Nanticoke River at the property line of the Delaware Division of Pennsylvania Railroad; thence running by and with said River to the eastern line of the property known as the Jacob Morgan property; thence south with the said Jacob Morgan property to a white oak standing in the field at a corner known as the Hall and Tull's line; thence from said white oak in a southwestern direction to the boundary of the Mechanic's Cemetery; from thence in a straight line to the Delaware Division of the Pennsylvania Railroad; thence in a northern direction by and with said railroad to the place of beginning. The Town Council of the Town of Blades may at any time after enactment of this Act cause a survey and a plot to be made of the Town by a Registered Land Surveyor as its limits are established by this Act and the said plot when so made and approved by a Resolution of the Town Council shall be recorded in the Office of the Recorder of Deeds, in and for Sussex County, without any other approval whatsoever, and shall be evidence in all courts of law and equity, said plot being of record in the Office of the Recorder of Deeds, in and for Sussex County, in Deed Book at page
ANNEXATION OF TERRITORY
Section 3. In the event that it becomes feasible or necessary in the future for The Town of Blades to enlarge its then existing limits and territory, such annexation accomplished in accordance with the following procedures shall be lawful:
(a) If five (5) or more property owners resident in a territory contiguous to the then limits and territory of The Town of Blades, by written petition with the signature of each such petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they reside and own property, the Mayor of The Town of Blades shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or, the Town Council, by a majority vote of the elected members thereof, may, by resolution, propose that a committee, composed of not less than three (3) of the elected members of said Town Council, be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Blades.
(b) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Town Council proposing to the property owners and residents of both the Town and the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds of the elected members of the Town Council. If the resolution shall fail to receive the affirmative vote of two-thirds of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one year from the date that the resolution failed to receive the required affirmative vote. The second resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution adopted by the Town Council setting forth the above information shall be printed in a newspaper published in The Town of Blades at least one week prior to the date set for the public hearing, or, if no newspaper is published in the Town, publication shall be had in a newspaper having a general circulation both in the Town and in the territory proposed to be annexed, or, at the discretion of the Town Council the said resolution shall be posted in five (5) public places both in the Town and in the territory proposed to be annexed.
(c) Following the public hearing, but in no event later than thirty (30) days thereafter, a resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the Town Council's determination to proceed with the matter of the proposed annexation.
(d) The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immediately preceding the date of the Special Election in at least two (2) issues of a newspaper published in the Town, or, if no newspaper is published in the Town, the notice may be printed within thirty (30) days immediately preceding the date of the Special Election in two (2) issues of a newspaper having a general circulation both in the Town and in the territory proposed to be annexed, or, in the discretion of the Town Council, the said notice may be posted in five (5) public places both in the Town and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the Special Election.
(e) At the Special Election, every property owner, whether an individual, a partnership, or a corporation, both in the Town and in the territory proposed to be annexed, shall have one (1) vote for each One Hundred Dollars ($100.00) of assessment as shown by the books of the Town in the case of Town property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed. Every citizen of either the Town or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one (1) vote for each Two Hundred Dollars ($200.00) of assessment. In the event that a person is the owner of property in the Town and is also an owner of property in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person is the owner of property in the Town and is also an owner of property in the territory proposed to be annexed but does not reside in either place, he may vote only in the Town, and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed shall not be entitled to vote. The books and records of The Town of Blades in the case of Town property owners and the books and records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed shall be conclusive evidence of the right of such property owners to vote at the Special Election. In the event that an individual holds a Power of Attorney duly executed and acknowledged and specifically authorizing said person to cast the votes of a partnership or corporation at the said Special Election, a duly authenticated copy of the Power of Attorney shall be filed in the office of the Town Clerk. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of the person so named to cast the votes of another person or to cast the votes of a partnership or a corporation at the Special Election.
(f) The Council shall cause to be prepared, printed and have available a sufficient amount of ballots not less than five (5) days prior to the date of the Special Election.
(g) The form of the ballot shall be as follows: ] For the proposed annexation.
] Against the proposed annexation.
Please mark your preference.
On the reverse side of the ballot shall be the following: This ballot casts votes.
() The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and be the owner of property in the Town, and at least one of whom must reside and be the owner of property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in the Town Hall and the Board of Special Election shall have available, clearly marked two (2) ballot boxes. All ballots cast by those persons, partnerships, or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the Town shall be deposited in the other such ballot box. The polling places shall be opened from 12:00 noon, prevailing time, until 7:00 P.M., prevailing time, on the date set for the Special Election.
(a) Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation 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 annexation, and the number of void votes, and shall deliver the same to the Town Council. The said certificate shall be filed with the papers of the Council.
(j) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for at least a period of one (I) year from the date of the Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Blades shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds for Sussex County, in Georgetown, Delaware, without approval of any board, agency, commission or governing body being required. In no event shall such recordation be completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of The Town of Blades from the time of said recordation. The failure to record the description and plot within the specified time shall not make the annexation invalid but such annexation shall be deemed to be effective at the expiration of the ninety (90) days period from the date of favorable Special Election.
STRUCTURE OF GOVERNMENT
Section 4. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in the Mayor and Town Council. The term of the Mayor shall be a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified.
The Town Council shall be composed of five (5) members, each of whose terms shall be for a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified.
The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades shall receive a salary of Three Hundred Dollars ($300.00) per annum.
QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN
Section 5. The qualifications for Mayor and for City Councilman at the time of his election shall be as follows:
(a) A bona fide citizen of the United States and of the State of Delaware and a resident freeholder of The Town of Blades for at least three (3) years next preceding the annual election.
(b) At least twenty-five (25) years of age; and
(c) A non-delinquent taxpayer of The Town of Blades of all property taxes levied or assessed by The Town of Blades against his or her freehold for at least one (1) year next preceding the annual election.
(d) Each of the qualifications for the Mayor and the Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any of the Town Councilmen to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office.
(e) For all purposes of this Section, the word "freeholder" shall be deemed to include any person who holds fee simple title to real estate either in his own name, as a tenant in common, as a joint tenant, or as a tenant by the entirety.
METHOD OF MAKING NOMINATIONS
FOR MAYOR AND TOWN COUNCILMAN
Section 6. Each candidate for Mayor and Town Councilman shall be nominated as follows:
(a) Each candidate shall notify the Town Clerk in writing of his candidacy for the office of either Mayor or Town Councilman; or five (5) or n-tore persons qualified to vote in the annual election may file the name of the candidate for the office of Mayor or
Town Councilman with the Town Clerk of the Town provided that the candidate endorses his written consent thereon.
(b) All such notifications of candidacy must be filed at the office of the Town Clerk during the regular business hours of the Town at least twenty (20) days prior to the date of the annual election next ensuing; and thereupon, it shall be the duty of the Town Clerk to have a list of names of all candidates so filed with him printed in a newspaper of general circulation in The Town of Blades at least seven (7) full days prior to the said annual election next ensuing; or in the discretion of the Town Council, the Town Clerk may post a list of the names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Council. One of the said public places shall be in the Town Hall of The Town of Blades.
(c) In the event that the Town Clerk is unable to act because of illness, absence, or for any other reason whatsoever, the names of all candidates shall be filed with the Vice-President of the Town Council who shall thereupon perform the duties required of the Town Clerk in subsection (b) of this section.
MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION
Section 7. The procedure for holding the Annual Municipal Election shall be as follows:
(a) The Annual Municipal Election shall be held at the Town Hall in The Town of Blades on the first Monday in March of each and every year from two o'clock in the afternoon, prevailing time, until six o'clock in the evening, prevailing time, the first said Annual Municipal Election to be held pursuant to this Charter to be held on the first Monday in March, A. D. 1972. If there is no contest for any elected office in any particular year, it shall be unnecessary to open the polls and the persons whose terms expire shall be deemed to be elected for another full term.
(b) At the Annual Municipal Election to be held on the first Monday in March, A. D. 1972, three (3) Councilmen shall be elected to serve a term of two (2) years or until their respective successors shall be duly elected and qualified.
(c) At the Annual Municipal Election to be held on the first Monday in March, A. D. 1973, a Mayor and two (2) Councilmen shall be elected. The Mayor shall be elected to serve a term of two (2) years or until his successor shall be duly elected and qualified. Each of the two (2) candidates for the office of Councilman who receives the highest number of votes shall be elected for a term of two (2) years or until their respective successors shall be duly elected and qualified. The candidate for the office of Councilman who receives the third highest number of votes shall be elected for a term of one (1) year or until his successor shall be duly elected and qualified.
(d) At the Annual Municipal Election to be held on the first Monday in March, A. D.
1974, three (3) Councilmen shall be elected to serve a term of two (2) years or until their respective successors shall be duly elected and qualified.
(e) Thereafter, at each Annual Municipal Election, there shall be elected three (3) Councilmen who shall serve for a term of two (2) years or until their respective successors have been duly elected and qualified except at the Annual Municipal Election in the year when a Mayor is to be elected at which time two (2) Councilmen shall be elected to serve for a term of two (2) years or until their respective successors shall be duly elected and qualified.
(f) The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades who hold office at the time of the passage of this Act shall continue to hold office until their respective successors have been duly elected and qualified.
(g) The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two Judges appointed by the Mayor of The Town of Blades with the concurrence of a majority of the members of the Town Council at the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, taking reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said Annual Municipal Election to elect from among themselves a person 'to fill each vacancy in such Board of Election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such Annual Municipal Election.
(h) At such Annual Municipal Election, every person, male or female, who shall have attained the age of twenty-one (21) years on the date of the Annual Municipal Election and who shall have been a citizen of the United States for a period of one (1) year and a citizen of The Town of Blades for a period of three months preceding the date of the Annual Municipal Election shall have one (1) vote, provided he or she has registered on the "Books of Registered Voters" of The Town of Blades. The Town Council of The Town of Blades shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the Office of the Town Clerk. The Books of Registered Voters shall contain the following information for each registrant: The name of the registered voter arranged in alphabetical order, the address of the voter, the birthdate of the voter, the date the registrant became a citizen of the United States, the date that the registrant became a resident of The Town of Blades, and any other pertinent information. No person shall be registered upon the Books of Registered Voters unless he will have acquired the qualification to vote in the Annual Municipal Election for the year in which he registers. A person shall be required to register only one time; provided, however, that if a registered voter fails to vote in two consecutive contested Annual Municipal Elections, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the Books of Registered Voters and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Voters shall be maintained in the Office of the Town Clerk and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the Office of the Town Clerk during the regular business hours of such office until the close of business of such office on the twelfth day prior to the date of the Annual Municipal Election by completing such forms as may be provided by the Town.
ORGANIZATION AND ANNUAL MEETING OF COUNCIL
Section 8. (a) Before entering upon the duties of their respective offices, the Mayor elect, and the Councilman elect, shall be sworn by a Notary Public to perform faithfully and impartially the duties of their respective offices with fidelity. At 7:30 o'clock p.m. at the first regular meeting following the annual election, the Mayor and Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity as aforesaid.
(b) At this annual meeting, held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect, by ballot, a Vice-President, who shall hold office for the term of one year, or until his successor shall be duly elected. The Town Council shall also choose an Assistant Secretary to serve until the first regular meeting after the next Annual Municipal Election, who may or may not be from among their own number and such other officers and employees as may be determined to be necessary.
REGULAR AND SPECIAL MEETINGS
Section 9. The Town Council of The Town of Blades shall hold one meeting in each month on the second Monday of the month. If the second Monday of the month shall be a legal holiday, the monthly meeting of the Town Council of The Town of Blades shall be held on the third Monday of the month. Special meetings shall be called by the Secretary upon the written request of the Mayor of The Town of Blades, or upon the written request of any two members of the Town Council of The Town of Blades, stating the day, hour and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the Town Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary must be deposited in the United States mail in the main Post Office of The Town of Blades at least forty-eight (48) hours before the time of such special meeting; provided that a written waiver of such notice, signed by the Mayor of The Town of Blades and by all members of the Town Council prior to or immediately upon the convening of such special meeting, shall make such written notice unnecessary and
shall authorize and make valid the holding of a special meeting at any time named in such waiver, and the transaction of any other business at the meeting, if the waiver so states. The Secretary shall post or cause to be posted in three (3) public places within the corporate limits of The Town of Blades at least forty-eight (48) hours before the time of the special meeting notice of the special meeting, setting forth the day, hour and place of such special meeting and the subject or subjects to be considered thereat; Provided, however, that no such notice shall be required if a written waiver of notice be signed by the Mayor of The Town of Blades by all the members of the Town Council prior to or immediately upon the convening of such special meeting.
QUORUM
Section 10. A majority of the members elected to the Town Council shall constitute a quorum at any regular or special meeting; but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
RULES AND MINUTES OF COUNCIL
Section 11. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings and the yeas and nays shall be entered in the journal with the text of the ordinance or resolution.
VACANCIES
Section 12. If any vacancy shall occur in the office of Mayor or Councilman, by death, resignation, loss of residence in The Town of Blades, refusal to serve, failure to elect, or otherwise, the same may be filled by a majority vote of the members of the Town Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members, and shall hold office for the remainder of the unexpired term.
DISQUALIFICATIONS
sentenced to imprisonment, for any term whatever, or shall for any reason cease to be resident of said Town, he shall forthwith be disqualified to act as a member of Council or Mayor, and his office shall be deemed vacant and shall be filled by Council, as aforesaid.
CONTRACTS
Section 14. (a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Five Hundred Dollars ($500.00) for materials, supplies, work or labor for the benefit and use of The Town of Blades with any member of the Town Council or the Mayor or with any partnership in which any member of the Town Council or the Mayor is a general partner or with any corporation in which any member of the Town Council or the Mayor is a director or controlling stockholder or with any firm or company which any member of the Town Council or Mayor is pecuniarily interested, provided that if all the other elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null and void.
(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder; PROVIDED, HOWEVER, that competitive bidding shall not be required in any of the following circumstances:
1. The aggregate amount involved is not more than Two Thousand Dollars ($2,000.00);
2. The purchase or contract is for personal or professional services;
3. The purchase or contract is for any service rendered by a university, college or other educational institution;
4. The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision thereof;
5. The purchase or contract is for property or services for which it is impracticable to obtain competition;
6. The public exigency as determined by the Town Council will not permit the delay incident to advertising;
7. The materials to be purchased are to be used to complete a project under the supervision of the Town Clerk;
8. The purchase or contract is for property or services for which the Town Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competition;
9. A public emergency as determined by the Town Council exists.
DUTIES OF THE MAYOR AND PRESIDENT OF TOWN COUNCIL
Section 15. (a) The Mayor of The Town of Blades shall be President of the Town Council and shall preside at all meetings thereof, but shall vote only in the event of a tie. He shall appoint all committees, receive complaints of nuisances, and other complaints of citizens concerning violations of law and ordinances. He shall present a report of complaints of nuisances and violations of law and ordinances to the Town Council at the first regular meeting thereafter. He may require the Alderman or the Assistant Alderman, as hereinafter provided for in this Act, or the resident Justice of the Peace to proceed upon such infractions or violations of law or ordinances immediately in the event that he deems such action to be required.
(b) The Mayor within thirty (30) days following his election may appoint, by and with the advice and consent of a majority of the elected members of the Town Council, two suitable persons who shall be qualified voters of The Town of Blades to act as Alderman and Assistant Alderman. The persons so selected and designated need not be Justices of the Peace. Both the Alderman and the Assistant Alderman shall hold office until each successor shall be appointed or chosen.
(c) The Mayor shall be a Conservator of the Peace and shall have concurrent jurisdiction with the Alderman. If no Alderman or Assistant Alderman is appointed, the Mayor may perform all the duties prescribed for that office and all fines, penalties and
fees collected by him shall be paid to the Town Clerk. The Town Council shall procure a suitable record for such Mayor which shall be known as the "Mayor's Docket" upon which his official acts as set forth in this Section shall be enforced and kept.
(d) The Mayor and the Alderman shall on the first regular meeting in each month report to the Town Council all fines, penalties and fees imposed by them during the preceding month and pay over to the Town Clerk all such fines, penalties, and fees due to the Town received by them during said time, and any default of making such report and payment for a period of twenty (20) days after such report should be made, and such fines and penalties should be paid as aforesaid, they shall be deemed guilty of a misdemeanor and upon conviction thereof by information, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
() The Mayor may for any reasonable cause, by and with the consent or upon the address of a majority of all members of the Council, remove from the office, any person appointed by him or by any of his predecessors. The person against whom the Mayor or the Council may be about to proceed shall receive five days notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and a fair hearing, if such a request is received by the Mayor by registered mail with return receipt requested ten (10) days following the date that notice of removal is received by such person.
(a) The Mayor may appoint such other committees as he deems necessary for the proper administration of The Town of Blades or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act.
(b) It shall be the duty of the Vice-President of the Town Council, in the absence of the Mayor to preside at all of the meetings of the Town Council and in the event of the absence of the Mayor to perform such other duties and have such other powers of the Mayor as are prescribed by the Charter of the Town of Blades or by any ordinance of the Council.
TOWN CLERK
Section 16. (a) The Mayor of The Town of Blades, by and with the advice of a majority of all the elected members of the Town Council, shall appoint a Town Clerk who shall be the Chief Administrative Officer of the Town.
(b) The Town Council shall impose such qualifications for Town Clerk as may be deemed necessary; PROVIDED, HOWEVER, that no person holding the Office of Mayor of the Town of Blades, or the Office of Town Councilman nor shall any parent, child, brother or sister of the Mayor or Councilman of the Town of Blades be appointed Town Clerk during the term of office of such Mayor or Councilman.
(c) The Town Clerk shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Town Council. In the event of a tie, the Mayor of the Town of Blades shall cast the deciding vote. At least thirty (30) days before such removal shall become effective, the Town Council shall, by a majority vote, adopt a preliminary resolution stating the reasons for removal. The Clerk may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor more than thirty (30) days after the filing of the request. The request for a public hearing by the Clerk shall be by registered or certified mail with return receipt requested and shall be addressed to the Mayor of The Town of Blades. After such public hearing, if one be requested, the Town Council, by a majority vote, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Clerk from duty, with or without salary during the period of suspension, but shall cause to be paid to him any part of his salary which is due and owing at the time of suspension. If no public hearing is requested, the Town Council, at the expiration of thirty (30) days from the date of the preliminary resolution, shall adopt a final resolution either reinstating the Clerk or terminating his employment. For all purposes of this Section, in the event of a tie vote, the Mayor of the Town of Blades shall cast the deciding vote. All members of the Town Council of The Town of Blades who are entitled to vote and who are present shall vote for or against the removal of the Clerk.
(d) The Town Clerk shall give bond with a corporate surety acceptable to the Town Council in an amount determined by the Town Council to be adequate conditioned upon the faithful performance of his duties, the payment to the Town of Blades of all money coming into his hands as Town Clerk from whatever source derived, and in the event of death, resignation, or removal from office, the delivery to his successor of all papers, books, records and other property of the Town of Blades in his hands or under his control. The expense of the bond shall be paid by The Town of Blades.
(e) The Town Clerk shall receive as compensation for his services an annual salary to be fixed from time to time by a resolution of the Town Council, payable in weekly installments.
(f) The Town Clerk shall attend all meetings of the Town Council and shall act as Secretary thereof, keeping proper and adequate minutes of its acts and proceedings. The Town Clerk shall be in attendance at his office on such days and between such hours as may be directed by the Town Council.
(g) The Town Clerk shall keep a record of all officers, agents and employees of the Town, when elected or appointed, the term of office or employment, and the salary or compensation thereof.
(h) The Town Clerk shall keep the assessment books and tax records of the Town with the names of the taxpayers arranged alphabetically showing the tax, a short description of the property, its assessed valuation, and all other assessments and charges due the Town.
(i) The Town Clerk shall collect all taxes, license fees, water rentals, sewer charges and all other money due to be paid to the Town pursuant to the provisions of this Charter or any amendment thereto, or as prescribed by any ordinance or resolution of the Town Council and he shall keep separate, complete and accurate records of all funds received and due to be paid to the Town.
() The Town Clerk shall act as Treasurer of The Town of Blades and shall promptly deposit in such bank or trust company designated by resolution of the Town Council all funds received by him and as may be directed by resolution of The Town Council, keep and maintain separate accounts for funds received from the payment of taxes, license fees, water rentals, sewer charges, or otherwise. He shall keep a full and complete record of all disbursements made by him.
(k) The Town Clerk shall make such appointments and hire such employees at such compensations as the Town Council may from time to time determine. All employees shall be hired for an indefinite term and may be removed by the Town Clerk at any time unless otherwise provided by Council. He shall exercise his sole discretion in the appointment or hiring of any such employees; PROVIDED, HOWEVER, that if a resident or residents of the Town, competent to perform the work required by the Town Clerk, can be found such resident or residents shall be given first choice. The Town Clerk shall be the sole judge of the competence or incompetence of any such person. The Town Council of The Town of Blades shall sit as a Board of Appeal to review the removal of any employee or employees at such times when a majority of the elected members of the Town Council shall deem it in the best interest of the Town to do so. The decision of the Town Council in such cases shall be conclusive.
(1) It shall be the duty of the Town Clerk to supervise the administration of the affairs of the Town under his charge and to make such reports to the Town Council as are required by it. He shall make such recommendations to the Town Council concerning the affairs of the Town as may seem to him desirable. He shall keep the Town Council advised of the financial condition of the Town and of its future needs. He shall prepare and submit to the Town Council the annual budget estimate.
(m) In conjunction with the Mayor of The Town of Blades, the Town Clerk shall sign all checks pursuant to appropriations or resolutions made by the Town Council. In the absence of either the Mayor or the Town Clerk, the Vice-President of the Town Council shall sign checks.
(n) The Town Clerk shall prepare and submit to the Town Council such reports as may be required by that body and shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Town Council.
(o) In case of the absence or disability of the Town Clerk, the Town Council may designate some qualified person to perform the duties of such office during his absence or disability.
ASSISTANT SECRETARY
Section 17. The duties and powers of the Secretary as hereinbefore prescribed shall devolve upon the Assistant Secretary in the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such other powers as may be prescribed by resolution by the Town Council of The Town of Blades, and shall receive such compensation as the Town Council by resolution shall determine.
ALDERMAN AND ASSISTANT ALDERMAN
Section 18. (a) The Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one (21) years of age, shall be of good character and reputation and shall be a resident of The Town of Blades and shall not be a member of the Town Council of The Town of Blades. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Town Council of The Town of Blades. Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of two-thirds of all the elected members of the Town Council of The Town of Blades.
(b) Before entering upon the duties of his office, the persons appointed by the Mayor to serve as Alderman and Assistant Alderman shall be sworn or affirmed by the Mayor to perform the duties of his office honestly, faithfully and diligently and to uphold and enforce the Charter of The Town of Blades and ordinances duly enacted by the Town Council of The Town of Blades and to carry into effect all orders of the Town Council of The Town of Blades made pursuant to any law of this State. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods, the Assistant Alderman shall have all the powers and duties of the Alderman.
(c) The Town Council shall procure a suitable record for the use of the Alderman and the Assistant Alderman. Such record shall be known as the "Alderman's Docket". The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the "Alderman's Docket".
(d) The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of The Town of Blades so far as to arrest and hold for bail, or fine and imprison offenders for any offense, penalty or forfeiture prescribed by the Charter of The Town of Blades and any ordinance enacted thereunder; of all neglects, omissions or defaults of any City Officer, agent or employee; PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman shall impose any fine in excess of Five Hundred Dollars ($500.00) nor imprison any offender for more than sixty (60) days except as otherwise provided in the Charter of The Town of Blades. The Alderman and the Assistant Alderman may in addition to any fine or term of imprisonment permitted to be assessed or imposed, impose or collect such costs as set by ordinance by the Town Council of the Town of Blades; PROVIDED, HOWEVER, that no cost shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service.
(e) The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the Town Council reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Town Clerk of the Town of Blades all such fines and penalties.
(f) The Alderman and the Assistant Alderman shall receive such compensation as may be fixed from time to time by resolution of the Town Council.
(g) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the Town Clerk, within two (2) days after his removal from office, all the books and papers belonging to his office, and shall pay over to the Town Clerk all monies in his hands within five (5) days after receiving the notice of his removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the Town Clerk
shall require the auditor of the Town, appointed as hereinafter provided, to make an audit of the books and papers of the official so removed from the office. Upon the neglect or failure to deliver all the books and papers to the Town Clerk, within the time specified by this Charter or to pay over all the monies to the Town Clerk within the time specified, the Alderman or Assistant Alderman, so removed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no less than Twenty-five ($25.00) Dollars nor more than One Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the Town Clerk or to pay over all monies to the Town Clerk.
POWER TO BORROW MONEY AND ISSUE BONDS
Section 19. The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the payment thereof on the faith and credit of The Town of Blades, to provide funds for the erection, the extension, the enlargement, the purchase or the repair of any plant, machinery, appliance, or equipment, for the supply, or the manufacture and distribution of electricity or gas for light, heat or power purposes; for the furnishing of water to the public; for the construction, repair or improvements of highways, streets, or lanes, or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of The Town of the cost of any permanent municipal improvements; provided, however, that the borrowing of money therefor shall have been authorized by the Town Council and shall have been approved by the electors in the manner and at the time following:
(a) Council by resolution shall propose to the electors of the Town by resolution that a stated amount of the money shall be borrowed for any of the above purposes. The resolution shall state the amount of the money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and other pertinent facts relating to the loan which are deemed pertinent by the Town Council and in their possession, and shall fix a time and place for hearing on the said resolution.
(b) Notice of the time and place of the hearing on the resolution authorizing said loan shall be printed in a newspaper having a general circulation in the City and or, in the discretion of the Town Council, distributed in circular form at least one week before the time set for said hearing.
(c) A second resolution shall then be passed by Council ordering a special election to be held not less than thirty days and not more than sixty days after said hearing to borrow the said money, for the purpose of voting for or against the proposed loan. The passing of the second resolution calling the special election shall ipso facto be considered Council's determination to proceed in the matter in issue.
(d) The notice of the time and place of holding the said special election shall be printed in two issues of a newspaper having a general circulation in The Town of Blades within thirty days prior to the election, and or distributed in circular form at least fifteen days prior to the election or both at the discretion of the Council.
(e) At the special election, every owner of property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In the case of property owned jointly by husband and wife, the vote shall be cast by either the husband or wife who first presents himself at the polls. In the case of all other property owned by more than one property owner either as tenants in common or as joint tenants with the right of survivorship, the vote shall be cast by either tenant in common or by either joint tenant who first presents himself at the polls. Property owners whose property is exempt from taxation or is not assessed shall not be entitled to vote.
(f) The Town Council shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election.
(g) The Mayor shall appoint three (3) persons to act as a Board of Special Election to conduct the Special Election.
(h) The Board of Election shall count the votes for and against the proposed loan; and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and shall deliver the same to the Council, which said certificates shall be entered on the minutes of, the Council, and the original shall be filed with the papers of the Council.
(i) The form of bond or certificate of indebtedness, the interest rate, the time of payment of interest, the classes, the time of maturity, and provisions as to the registration shall be determined by the Council after said public hearing. The bonds may be sold at either public or private sale as determined by the Town Council. The Council may provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bonds at the maturity or maturities thereof, a sinking fund therefor. The faith and credit of The Town of Blades shall be deemed to be pledged for the due payment of the bonds and interest thereon issued under the provisions hereof, when the same have been properly executed and delivered for value, and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness whether incurred before or after the passage of this Act.
(j) The bonded indebtedness shall not at any time exceed in the aggregate the total sum of Twenty-five per centum (25%) of the value of the real property situate within the limits of the Town as shown by the last assessment preceding the creation of the said indebtedness.
In the event The Town of Blades should construct or acquire any plant, machinery, appliance, or equipment for the supply of electricity or gas for light, heat or power purposes to the outlying communities provided that this authority shall not exceed a distance of One Mile beyond the limits of said Town as set forth herein or as extended by annexation as herein provided, and provided that such extension will not incur indebtedness in excess of the bonded limit of said Town and to do all things necessary to carry out this authority.
TOWN SOLICITOR
Section 20. At the first regular meeting following the Annual Election, The Town Council of the Town of Blades shall re-elect and appoint a Town Solicitor. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware with offices in Sussex County. It shall be his duly to give legal
advice to the Mayor and the Town Council and other officers of the Town and to perform such other legal services as may be required by the Town Council.
BOARD OF HEALTH
Section 21. (a) The Board of Health shall consist of four (4) members, one of whom shall be a practicing physician. The Board shall be appointed by The Town Council at the first regular meeting following the Annual Election hereinbefore provided and shall serve for one year or until their successors are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of the people of the Town. It shall report to the Town Council, in writing, whatever is deemed by the Board to be injurious to the health of the people of the Town, and shall make recommendations to the Town Council concerning whatever may contribute to the health and sanitation of the people. The Board shall organize by the election of a President and Secretary within ten (10) days after the notice of their appointments, and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board.
(b) The Secretary of the Board may be allowed a reasonable annual compensation for his services which shall be determined by the Town Council, and no other compensation shall be paid to the Secretary for his services as such. The Secretary may or may not be a member of the Board of Health appointed by the Town Council, but he shall be a resident of the Town.
(c) The power to adopt ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infections or contagious diseases or nuisances affecting the same, shall extend to area outside of the Town within one mile from said limits.
POLICE FORCE
Section 22. (a) It shall be the duty of the Town Council to appoint a Police Force, consisting of a Chief of Police and such members or subordinates as the Town Council may deem wise. The Town Council shall, from time to time, make rules and regulations as may be necessary for the organization, government, and control of the Police Force. The Chief of Police and the members of the Police Force shall be subject to the direction of The Town Council and may be removed by the Town Council at any time. They shall preserve peace and order, and shall compel obedience within the corporate limits and within One (I) mile outside the corporate limits to the ordinances of the Town and the laws of the State of Delaware. They shall have such other duties as the Town Council shall, from time to time, prescribe.
(b) Each member of the Police Force shall be vested, within One (1 ) mile of the corporate limits of The Town of Blades, with all the powers and authority of any Constable of Sussex County and in the case of a pursuit of an offender their power and authority shall be without territorial limitations.
(c) Every person sentenced to imprisonment shall be delivered by a member of the Police Force to the County Jail of Sussex County, or to the lockup of the Town, to be there imprisoned for the term of the sentence.
(d) It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblage of persons in the streets of the Town, or the noisy conduct of any person in the same, and upon view of the violation of any ordinance of the Town relating to the peace and good order thereof, the Police shall have the right and power to arrest without warrant and to take the offender before the Alderman or Assistant Alderman or before any Justice of the Peace in Sussex County for hearing thereon.
ASSESSOR
Section 23. (a) At the first regular meeting following the annual election, it shall be the duty of the Town Council to appoint an Assessor. The Assessor shall be over the age of Twenty-Five (25) years, a bona fide resident of The Town of Blades and a freeholder of the Town.
(b) On good behavior, the term of office of the Assessor shall be one year and shall expire on the date of the first regular meeting of the year succeeding his appointment.
(c) He shall be sworn or affirmed by the Mayor of The Town of Blades to perform his duties with fidelity and without favor. It shall be his duty to make a fair and impartial assessment of property and persons subject to taxation situated within the Town and to perform such other duties in reference thereto as shall be prescribed, from time to time, by the Town Council.
(d) The compensation to be by him received for the performance of his duties and the hiring of employees to assist him in the performance of his duties shall be fixed by and subject to the approval of the Town Council.
ASSESSMENT OF TAXES
Section 24. (a) The Assessor shall, prior to the first day of September, make a just, true and impartial annual valuation or assessment of all real estate within the Town of Blades. In making such assessment, the rules and exemptions now applicable by law to the making of the County Assessment of persons and properties shall be applicable insofar as consistent with the provisions of this Charter. All real estate shall be described with sufficient particularity to be identified. Real estate and improvements located thereon shall be assessed to the owner or owners if he or they be known. If the owners or owner cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners, or a wrong name, or an assessment to "Owner Unknown", shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided 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 of Sussex County at Georgetown, Delaware.
(b) The Assessor shall also make a personal assessment of all the male and female citizens of the Town above the age of twenty-one years. He shall also make a personal assessment against all person or persons residing within the limits of the Town whether he be an owner of said real estate or not; said personal assessment shall be determined by the Town Council and certified to the Assessor. Said personal assessment or per capita tax, in the case of both resident and non-resident real estate owner, shall be in addition to the assessment levied on the real estate so owned by and assessed against him.
(c) The Assessor, after making such annual assessment, shall at the first regular meeting in September, aforesaid, deliver to the Town Council, a list containing the names of all persons assessed and the amount of the assessment against each. He shall also deliver at such time as many copies of said list as the Town Council shall direct.
(d) The annual assessment list shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate column of spaces. In making its assessment, the Assessor shall make his valuation accordingly.
(e) The real property of the Assessor shall be assessed by the Town Council.
(f) Immediately upon receiving the annual assessment list from the Assessor, the Town Council shall cause a full and complete copy of the same containing the amount assessed to each taxable to be hung up in a public place in The Town of Blades, and there it shall remain for a period of at least ten (10) days for the information of and examination by all concerned. Appended thereto and also in five or more public places in said Town shall be posted notices advising all concerned that, upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the annual assessment list and notice, between the hours of one o'clock p.m. and five o'clock p.m., the Town Council will hold a Board of Appeals, at which time and place they shall hear appeals from the said annual assessment. The decision of the Town Council, sitting as a Board of Appeals, shall be final and conclusive and the said Town Council shall revise and complete said assessment at this sitting. No councilman shall sit upon his own appeal but the same shall be heard and determined by the other members of the Town Council.
(g) The Assessor shall be present on the day fixed for hearing appeals and shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect to any assessment from which an appeal has been taken. The Town Council shall have authority to enforce his attendance by appropriate process.
LEVY OF ANNUAL TAXES
Council shall determine to their best judgment and knowledge the total amount necessary to be raised by the Town to meet all fixed and anticipated expenses and obligations of the Town, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies; PROVIDED, HOWEVER, that for the period from the end of the present fiscal year until December 31, 1970, the Town Council shall use the same assessment and tax rate and shall prorate the amount of taxes due for the period from the end of the present fiscal year until December 31, 1971; AND PROVIDED, FURTHER, that the Town Council of the Town of Blades shall employ the procedures of this Section in levying taxes to be paid for the period beginning January 1, 1971, and ending December 31, 1971, and for each fiscal year thereafter.
(b) It shall then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the Town 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.
The Town Council shall then proceed to determine, assess, fix and/or levy the following:
a. The rate of tax on real estate and on improvements located thereon per $100 of assessed value; and/or
b. The amount of personal or per capita tax upon each qualified voter; and/or
c. The rate of tax upon all poles, constructions, erection, wires, and appliances more particularly mentioned or intended so to be, in Section 27 (32) of this Charter, as amended; and/or
d. The rates to be charged for the supplying of water, sewer service, and other utility services and the several amounts thereof;
e. The several license fees to be charged for carrying on or conducting of the several businesses, professions, or occupations more particularly mentioned, or intended so to be in Section 27 (33) of this Charter, as amended; and/or
f. The fees or rates to be charged in respect of any other authorized source of revenue sufficient in their best 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 "d", "e" and "1" aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Council as it, in its own proper discretion, shall determine.
(c) Immediately after the first regular meeting in November of each and every year, the Town Council shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources a, b, and c, above mentioned. This list shall be known as the annual tax list of The Town of Blades. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate and upon improvement located thereon per $100 of assessed value thereof.
(d) The Town Council shall cause to be delivered to the Town Clerk a duplicate of said annual tax list, and the Town Clerk shall immediately proceed to collect the same as hereinafter provided.
(e) Nothing contained in this Charter shall be construed to effect or impair in any way the validity of any tax, fee, assessment, or other charge lawfully levied, assessed, or due the Town of Blades under existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in The Town of Blades created hereby.
COLLECTION OF ANNUAL TAXES
Section 26. (a) The Town Clerk, as soon as the Town Council shall have placed in his hands the duplicate annual tax list, shall proceed at once to collect the taxes on said duplicate list.
(b) All taxes so levied or imposed by the Town of Blades in such annual tax list, shall be and constitute a lien upon all the real estate of the taxable against or upon whom such taxes are laid or imposed, of which such taxable was seized, at any time after such taxes have been levied and imposed, that is situated in The Town of Blades. Such lien shall have preference and priority to all other such liens on real estate or upon improvements located thereon created or suffered by said taxable although such other lien or liens be of a date prior to the time of the attaching of such lien for taxes; provided, that the lien for such Town taxes shall remain a lien for a period of ten (10) years from the date upon which the Town Council shall deliver unto the Town Clerk the tax list therefor. If such real estate remains the property of such person or persons who owned it at the time the tax was laid, then the lien shall not be extinguished until the tax is collected.
(c) All taxes shall be paid to the Town Clerk of The Town of Blades, and all taxes shall be due and payable at and from the time of delivery of the tax list to the Town Clerk.
(d) All taxes shall be paid at the Town Office and payable to the Town of Blades.
(e) In the collection of said taxes, the said Town Clerk shall, on all taxes paid on or after the first day of January and on or before the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Clerk, there shall be no deduction or abatement. On all taxes paid after the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Clerk, there shall be added an amount equal to one per centum (I%) per month for each and every month such taxes shall remain unpaid and shall be collected in the same manner as the original amount of the tax.
() On the same day of the month of the second year following the delivery of the duplicate annual tax list to the Town Clerk, the Town Clerk shall make full, final and complete settlement with the Town Council. The settlement shall take place on that day in the room in which the Town Council holds their meetings. At such settlement, the Town Council shall allow to the Town Clerk all taxes which shall have been impossible to collect by reason of errors in the assessment list, delinquencies or otherwise. No allowance shall be made for the default of neglect or delay of the Town Clerk. The settlement shall be final and conclusive and no other allowance, in any form, shall be made to the Town Clerk by the Town Council. Upon the conclusion of the settlement, the Town Clerk shall pay over to The Town of Blades the aggregate amount of the taxes found to be due the Town.
Upon his failure or neglect to do so, it shall be the duty of the Town Council to proceed to collect the same from the Town Clerk and/or his surety. Default by the Town Clerk to the Town in any sum, shall, ipso facto, vacate his office; provided, however, that the Town Council, for good cause shown shall have the power to extend the time for settlement by the Town Clerk for a period not exceeding six months.
ENUMERATION OF POWERS
Section 27. Not by way of limitation upon the power vested in the Town Council to exercise all powers delegated by this Charter to the municipal corporation except as may expressly appear herein to the contrary, but, rather, by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, to be exercised by said Town Council in the interest of good government and the safety, health and welfare of the Town, its inhabitants and affairs that is to say:
1. To prevent vice, drunkenness and immorality.
2. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the Town and its inhabitants.
3. To prohibit all gaming and fraudulent devices.
4. To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games.
5. To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aquaduct, or pipe line, or portion thereof, in the Town; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway, or other highway within the Town.
6. To establish and regulate pounds and to restrain, prohibit and empound any domestic or wild animal, beast, bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs and to regulate the keeping of livestock, poultry and dogs.
7. To locate, regulate, license, restrain or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water closets and any businesses or buildings or conditions detrimental to the public health or constituting a public nuisance or of an offensive or noxious nature.
8. To purchase or otherwise acquire, or to construct, lay out, fence and maintain one or more cemeteries within the corporate limits of The Town of Blades and to use or permit the use thereof for the burial of human beings and to assess the owners of the various lots thereof annually for the care of said cemetery.
9. To enforce the removal of snow, ice, dirt or other foreign substance from sidewalks and gutters by owners or abuting owners.
10. To prohibit, remove, or regulate the erection and maintenance of any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post, or any other erection of projection in, over, upon or under any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the Town.
11. To define, prevent, abate or remove nuisances, obstructions or any condition detrimental to the public safety, health or welfare.
12. To provide an ample supply of pure water for The Town and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control, and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to regulate and prescribe for what private or public purposes the water furnished by the municipal corporation 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 equipment of the Town; to furnish, or refuse to furnish, water from the Town system to places and properties outside the Town limits; and to contract for and purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the municipal corporation itself.
13. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public 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; to furnish or refuse to furnish, sewer disposal service from the Town system to places and properties outside the Town limits; in the interest of the public's health, to compel any and all properties in the Town to be connected to the sewer system of the Town; and to contract for and purchase sewer disposal service and to resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefor of the municipal corporation itself.
14. To provide, construct, extend, maintain, manage and control a plant and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the Town and for lighting the streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the Town, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessary properly to light the Town, and to furnish proper connections for electric current and gas to the properties of the
inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the municipal corporation may be used, the manner of its use, the amount to be paid by the users thereof, the mains 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 electric or gas system or systems to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to user within or without the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the municipal corporation itself.
15. To fully control within the Town the drainage of all water and, to that end, to alter or change the course and direction of any natural water course, runs or rivulet within the Town, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct! extend, maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the Town.
16. To provide, construct, extend, maintain, manage, and control jetties, bulkheads, embankments, flood gates, piers, boardwalks, or fills for the preservation of any strand or highland within the limits of the Town or contiguous thereto, to the end that the same may be preserved, property protected and the general public might enjoy the use thereof.
17. To 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 considerations as the Town Council shall deem wise, to use the present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, and other public places of the Town for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, railroad excepting railroads or railways engaged in interstate commerce, bus, taxi or other transportation, carrier or public service to the Town and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof, and for the purpose of erecting wharves and piers, and for the purposes of vending any article of merchandise
or service upon, or from any vehicle upon any such present and future street, highway, lane, alley, etc.; provided, that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association or corporation whomsoever.
18. To regulate and control the exercise of any license or franchise mentioned in Section 29 (17) of this Charter or intended so to be.
19. To direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees.
20. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.
21. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
22. To regulate, control or prevent the use of storage of gunpowder, fireworks, tar, pitch, resin and all other combustible materials and the use of candles, lamps and other lights in stores, shops, stables and other places; to suppress, remove or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fire.
23. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the Town; and make particular provisions for particular zones of districts with regard to building or building materials; and, generally to exercise all the powers and authorities vested in the legislative body of cities and incorporated towns under and by virtues of 22 Del. C. § 301 et seq., and all amendments thereto.
24. To acquire, build, erect and maintain a suitable place as a lock-up or jail for the Town which shall be used as a place of detention for persons convicted of violation of law or ordinance, or for the detention of persons accused of violation of law or ordinances for a reasonable time, in cases of necessity, prior to hearing and trial; and to provide for the restraint, support, and employment of paupers, beggars and vagrants; provided, that the jails of Sussex County may be used for any such purpose, in which event the Town shall pay for the board of persons committed thereto for violations of ordinances of the Town which are not violations of any general law of the State.
25. To acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping offices of the Town.
26. To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, beanshooters, and any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or prevent the use of fireworks, bombs and detonating works of all kinds.
27. To provide for the punishment of a violation of any ordinance of the Town by fine or imprisonment, or both, not exceeding Five Hundred Dollars ($500.00) or sixty (60) days, and for working any person sentenced to such imprisonment or any person who shall refuse to so work when ordered.
28. To provide for the organization of a fire department and the control and government thereof; to establish fire limits and do all things necessary for the prevention of extinguishment of fires; and, in their discretion, to contribute, donate or give an amount or amounts, not to exceed in the total during any given fiscal year, three per centum (3%) of the total taxes levied on real estate, unto any Volunteer Fire Company or Companies incorporated under the Laws of Delaware, or any Volunteer Fire Association or Associations maintaining and operating fire fighting equipment and service to the Town; provided, that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as The Town Council shall deem advisable.
29. To purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the Town and to sell the same.
30. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon, except lands belonging to the Town; provided, that the amount to be raised from this source shall not exceed the sum of Twenty-five Thousand Dollars ($25,000.00).
31. To levy and collect a personal or per capita tax upon all persons otherwise qualified to vote at any annual municipal election to be used for any and all municipal purposes.
32. To levy and collect taxes upon all telephone, telegraph, power poles, pipe lines, rail lines or other constructions or erections of a like character erected within the limits of the Town, together with the wire or other appliances thereto or thereon attached, expressly excepting all telephone, telegraph, power lines, or poles and rail lines owned or operated by any railroad or railway company engaged in interstate commerce for any and all purposes, and to this end may at any time direct the same to be included in or added to the Town Assessment. In case the owner or leasee of such constructions or erections, wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies for the collection thereof set forth in Section 29 of this Charter, the Town Council shall have authority to cause the same to be removed.
33. To license, tax and collect fees annually for any and all municipal purposes (including the cost and expense of advertising the Town) of such various amounts as the Town Council from time to time shall fix, from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the Town; provided, however, that nothing herein shall be so construed as to make it mandatory upon any resident of the State to apply for a license in order to sell in the Town any farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.
34. To determine from which authorized sources and in what proportions taxes shall be levied and used each year to raise the revenue or funds required to meet the general expenses of the municipal corporation and all funding, amortization and interest requirements on its outstanding bonds or other indebtedness.
35. To provide for the collection of and disbursement of all monies to which the Town may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in the Charter.
36. To borrow money in the name of the Town for any proper municipal purpose, and in order to secure the payment of the same, to issue bonds or other kinds or forms of certificate or certificates of indebtedness, pledging the full faith and credit of the Town or such other security or securities as the Town Council shall select, for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town shall be exempt from all State, County or municipal taxes; provided, that in no event shall the indebtedness of the Town, for any and all purposes, at any one time exceed in the aggregate twenty-five per centum (25%) of the assessed value of all real estate in the Town subject to assessment for the purpose of levying the annual tax hereinbefore mentioned.
0. To acquire, and/or vacate the use of, lands, tenements, personality, property, easements, rights of way, or any interest in property, either within or without the limits of the Town, by way of condemnation and eminent domain, for any proper and lawful municipal purpose or whenever required properly to carry out, exercise or fulfill any power conferred upon or delegated to the municipal corporation by the Charter. Proceedings by way of condemnation in any such case shall be the same or prescribed hereafter in Section 32 of this Charter for the opening and laying out of new streets or the vacating or abandoning of old streets and the resolutions referred to in said Section 32 shall be changed and modified to cover any case contemplated hereby.
0. To appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency.
39. To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge or other amount due the Town by the performance of labor or service for the Town by any person owing the same.
40. To inquire into and investigate the conduct of any office, officer, agent, or employee of the Town or any municipal affair, and for any such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and production of books, papers or other evidence by summary process.
41. The Town Council may, by ordinance duly adopted in accordance with this Charter, establish a pension plan or a health and welfare plan, or both, for the employees of The Town of Blades under such terms and conditions as the Town Council, in its discretion, deems most appropriate; provided, however, that any annual appropriation which is made by The Town of Blades under any such pension plan or health and welfare plan, or both, shall not exceed a maximum of fifteen percent (15%) of the total annual payroll of The Town of Blades and provided further that the method of funding may, if deemed advisable by the Town Council, be handled through a recognized insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of Town Council.
42. To make, adopt and establish all such ordinances, regulations, rules, and by-laws not contrary to the laws of this State and the United States, as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the Town, the protection and preservation of persons and property and of the public health and welfare of the Town and its inhabitants; provided, that any ordinance relating to the public health of the Town and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases, or to prevent nuisances affecting the same, shall apply not only within the corporate limits of the Town, but as well to all areas and persons outside the Town within one mile from said limits.
TOWN BUDGET
Section 28. (a) The fiscal year of The Town of Blades shall be from January 1 to December 31; PROVIDED, HOWEVER, that for the period from the end of the present fiscal year until December 31, 1970, the Town Council of The Town of Blades shall provide a prorated budget.
(b) Annually each year and not later than December 1, the Town Clerk shall prepare a rough draft of a Town Budget. From this rough draft, the Town Council shall, not later than October 15 of each year, prepare the Town Budget, containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year.
(c) The Budget shall contain the following information:
1. A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing fiscal year.
2. The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof.
3. The amount of the debt of the Town, together with a schedule of maturities of bond issues.
4. An itemized statement of all other estimated expenses to be incurred in the affairs of the Town.
5. A statement of the amount required for interest on the bonded debt, the amount necessary to pay any Bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds."
6. An estimate of the amount of money to be received from taxes, assessments and all other anticipated income of the Town from any source or sources whatsoever.
(d) The Town Council shall, so far as possible, adhere to the budget of the Town so adopted in the making of appropriations.
REMEDIES FOR COLLECTION OF TAXES, ASSESSMENTS
AND OTHER CHARGES
Section 29. (a) A remedy by distress as now prescribed by law is hereby preserved to the Town Clerk for the collection of any taxes, assessments, license fees, warrants or other charges for which he may be responsible.
(b) At any time after the delivery of the duplicate annual tax list or warrant or any other list of charges due The Town of Blades, the Town Clerk may institute suit in the name of The Town of Blades before any Justice of the Peace or Court of the State of Delaware, in any of the Counties of the State, for the recovery of the unpaid tax, assessment, license fee, or other charge, in an action of debt, and upon judgment obtained, may issue Writs of Execution as in case of other judgments recovered before a Justice of the Peace.
(c) The said execution shall constitute a lien upon all the personal property of the taxable within the County where the judgment shall have been obtained, which by virtue of such execution shall be levied upon within thirty (30) days after issuance thereof, and such lien shall have priority over all other liens against said personal property created or suffered by the taxable, except such liens thereon which may have been created in respect to County Taxes, although such other liens be of date prior to the time of the attachment of the said tax liens.
(d) Any time after the delivery of any such duplicate annual tax list, assessment list, or warrant, or other lists containing charges due the Town, the Town Clerk may notify, in writing, the person, firm or corporation by whom any taxable is employed that the tax, assessment, license fee, warrant, or other charge of said employee is due and unpaid. The notice shall be signed by the Town Clerk and shall contain the correct name of the taxable as it appears upon any such list, the amount of the tax, assessment or other charge due with penalties and interest asked, if any. Thereupon it shall be the duty of the employer to take from the wage, salary or other money then due the taxable the amount of the tax, assessment, license fee, warrant, or other charge, together with penalties and interest added, if any owing, from the employee, and charge the same against him, and to pay the same to the Treasurer within ten (10) days. The Town Clerk shall give
to the employer a certificate of payment which shall be allowed in any suit or accounting between the employer and taxable. If the employer be notified as aforesaid and, having in his hands money belonging to the taxable, shall neglect or refuse to comply with the provisions hereof, such employer shall become personally liable for the amount of the tax, assessment, license fee, warrant or other charges, together with penalties and interest due thereon, if any, of the persons as to whom notice was given, and the amount thereof may be recovered from such employer in an action of debt before any Justice of the Peace, or Court of State of Delaware, as aforesaid. This process shall be deemed to be in the nature of a garnishment proceeding.
(e) The Town Clerk may make a complaint under oath before any Justice of the Peace, that the tax of any taxable is due and unpaid and that he has been unable to make collection of the tax, assessment, license fee, warrant or other charge by any of the methods for the recovery of taxes prescribed by this Charter, and thereupon a warrant shall be issued for the arrest of such taxable and if, after hearing it shall be found that the tax, assessment, license fee, warrant, or other charge, of the person arrested is due and unpaid, and if the taxable shall thereon fail to pay the tax, assessment, license fee, warrant or other charge, together with accrued costs, he shall be committed to the jail of Sussex County, or Town lock-up until the tax, assessment, license fee, warrant, penalty, cost and charges are paid, but in no event shall the term of his imprisonment exceed thirty (30) days.
() For the purpose of collecting the tax, assessment, license fee, warrant, rent or any other charge due the Town from any taxable, and without the necessity of first employing the other remedies herein provided the Town Clerk is empowered to sell the lands and tenements of the taxable or the lands and tenements of a taxable, alienated, subsequent to the levy of the tax, assessment, license fee, warrant, rent or other charge.
(a) The Town Clerk shall present to the Superior Court of Sussex County a petition which shall state:
1. The name of the taxable, assessee or licensee.
0. The year for which the tax, assessment, license, or other charge was levied.
record the same in a properly indexed record of the Court and shall endorse upon said record of said petition, the following: the Town Clerk of The Town of Blades shall therefore proceed to "This petition filed the
be verified before a Notary Public.
Town Clerk shall exhibit the return registry receipt to the Court assessment, license, warrant or other charge due the Town. The by filing the same with the petition.
Town, together with all penalties and costs then due thereon, together with a notice to the taxable that he shall proceed to sell the lands and tenements of the taxable for the payment of the tax, stamped wrapper and requiring a return registry receipt, addressed to the taxable at his last known address, an itemized statement of the tax, assessment, license warrant, or other charge due the remedy hereinbefore provided.
petition, the Town Clerk shall deposit in the mail, in a sealed and Town, and the date of such mailing.
sell the lands and tenements of the taxable for the payment of the said tax, assessment, license, rent or other charge, by any other other charge has been mailed to the taxable that he will proceed to tax, assessment, license, warrant, rent or other charge due the to be sold sufficient to indentify the same.
any, shall commence and the rate of such penalty.
(j) Upon the filing of the petition, the Prothonotary shall (i) The petition shall be filed by the Town Clerk and shall (h) At least ten (10) days prior to the filing of any such 8. That it has been found impractical to attempt to collect 7. A statement that a bill of said tax, assessment, license, or 6. A short description of the lands and tenements proposed 5. The date from which the penalty for non-payment, if 4. The total amount due.
3. The rate of the tax, assessment, license or other charge.
, A D (giving the day and year), and
day of
sell the lands and tenements herein mentioned or a sufficient part thereof, for the payment of the amount due," which endorsement shall be signed by the Prothonotary.
(k) The Town Clerk shall then proceed to advertise the lands and tenements of the taxable by posting handbills in at least five (5) public places in The Town of Blades (one of which shall be posted on the premises) and publishing the notice of said sale in a newspaper published in Sussex County. The notice shall contain the day, hour and place of sale and a short description of the premises sufficient to identify the same. The notice shall be posted at least ten (10) days before the day fixed for the sale and shall be published in the newspaper at least one week before the day of sale.
(1) Each sale of lands and tenements shall be returned to the Superior Court, aforesaid, at the ensuing term thereof following the sale. At the return of said sale the Court shall inquire into the circumstances and either approve or set aside the sale. No sale shall be approved by the Court if the owner be ready at the Court to pay the taxes, assessment, license fee, rent or other charge due the Town, together with penalty, interest and costs, if any. If it set aside the sale, the Court may order another sale and so on until the tax, assessment, license fee, or other charge due is collected.
(m) If the sale shall be approved by the Court, then at the expiration of one year from the date of the sale (which shall be known as the redemption year) the Town Clerk shall make, execute and deliver a deed to the purchaser, his heirs or assigns, which shall convey the title of the taxable, licensee or assessee, as the case may be: PROVIDED, HOWEVER, that within the redemption year, the owner, his heirs or assigns, shall have power to redeem the lands on payment of the costs, the amount of the purchase money and twenty per cent interest thereon to the purchaser, his heirs or assigns. If the purchaser refuses to accept the same or in the event the purchaser, or his heirs or assigns, cannot be located within the State of Delaware, then in either event, it shall be lawful for the owner, his heirs, executors or assigns, to pay the amount of the redemption money to the Town Clerk of The Town of Blades, and upon taking from him a good and lawful receipt therefor, such receipt shall be considered for all intents and purposes as a valid and lawful exercise of the owner, his heirs, executors and assigns, of his or their power to redeem the land so sold.
(n) After satisfying the tax, assessment, license or other charge due and the cost and expenses of sale from the proceeds of the sale the amount remaining in the hands of the Town Clerk shall be paid, at once, to the owner of the land. Should the owner of the land refuse to accept the same, or the owner is unknown or cannot be found the amount remaining shall be deposited in some bank in The Town of Blades, either to the credit of the owner, or in a manner by which the fund may be identified.
(o) In sales of land for the payment of taxes, assessments, licenses or other charges due The Town of Blades, the costs of the sale including a reasonable counsel fee shall be allowed, which shall be deducted by the Town Clerk from the proceeds of the sale, or chargeable against the owner.
(p) The cost of the deed shall not be chargeable as costs but shall be paid by the purchaser.
(q) If the owner of any lands and tenements, against which a tax shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale and in the petition to the Court.
() If any person is assessed for several parcels of land and tenements in the same assessment, the total of said taxes, assessments, rents and other charges due the Town, may be collected from the sale of any portion of said lands and tenements or from any improvements, provided, that the land alienated by the taxable shall not be sold until other property of the taxable shall have been first disposed of.
POWER TO BORROW AGAINST ANTICIPATED REVENUES
Section 30. The Town Council of The Town of Blades shall have full power and authority to anticipate revenue by borrowing upon the faith and credit of The Town of Blades, the sum or sums of, not exceeding Ten Thousand Dollars ($10,000.00) in any one fiscal year, when, in the opinion of the majority of the said Town Council, the needs of The Town of Blades demand it. The Town Council may secure said sum or sums of money so borrowed by promissory notes of The Town of Blades, duly authorized by resolution of the Town Council, and signed by the Mayor and attested by the Secretary, either with or without the corporate seal of The Town of Blades affixed as is requested by the bank or person advancing the money on said notes, and no Officer nor Councilman shall be personally liable for the payment of such notes because it is signed by them as Officers of The Town of Blades, and is authorized by the resolution of the Town Council; provided, however, any sum of money borrowed on the faith and credit of The Town of Blades, as aforesaid, in any fiscal year, shall be paid out of the general funds of the Town, at the minimum rate of Ten per centum (10%) per fiscal year and shall be completely paid at the end of ten (10) fiscal years following the first fiscal year which said money was borrowed with interest thereon, and no part of the principal of nor the interest on any borrowing authorized by this Section shall be taxable by the State of Delaware nor any political subdivision thereof.
STREETS
Section 31. (a) The Town Council shall have the power and authority to lay out, locate and open new streets or to widen and alter existing streets or parts thereof and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best interest of the Town.
(b) The procedure to be used to do any of those things heretofore listed shall be as follows:
I. Whenever five (5) or more property owners in a portion of the Town directly affected or abutting on the proposed street to be opened, laid out, changed, altered, or closed, shall by written petition with each signature duly acknowledged, request the Town Council to lay out, locate, or open a new street or to widen or alter an existing street or any part thereof or to vacate or abandon a street or any part thereof, the Mayor of The Town of Blades shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of changing the structure of said street in the Town. The petition presented to the Council by the property owners shall include a description of property through which the proposed street shall be laid out or a description of the street on
which any other of the actions hereinbefore described shall take place and the reasons why the change in the structure of the streets of the Town should be undertaken; or the Town Council by a majority vote of the elected members thereof may by Resolution propose that a committee • of not less than three (3) of its elected members be appointed by the Mayor to investigate the possibility of changing the street structure of the Town for any of the reasons hereinbefore set forth.
(c) Not later than ninety (90) days following its appointment the committee shall submit a report concerning its findings to the Mayor and the Town Council. The report shall contain the advantages and disadvantages to the Town caused by the changing of the street structure and shall contain the conclusion of said committee either recommending or disapproving the changing of such street structure. If the report of the committee appointed by the Mayor recommends changing the existing street structure of The Town of Blades and a majority of the elected members of the Town Council concur therein, the Council by resolution shall propose to the property owners and citizens of the Town that the Council proposes to change the street structure by opening a new street or by doing any of those things hereinbefore described to the existing street structure of the Town. If the report of the committee appointed by the Mayor is not in favor of changing the existing street structure of The Town of Blades the resolution proposing the change in the street structure to the property owners and citizens of The Town of Blades shall be passed by a majority of three-fourths of the elected members of the Town Council. The resolution shall contain a description of the proposed change and shall fix a time and place for a public hearing on the matter of changing the street structure. The resolution adopted by the Town Council shall be printed in a newspaper published in The Town of Blades, or, if no newspaper is published in The Town of Blades, publication may be had in a newspaper having a general circulation in the Town, or in the discretion of the Town Council, the resolution shall be posted in five (5) public places in the Town for at least one week before the time set for the public hearing. The resolution shall also state the hour and place where and when the Town Council shall sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of property by the proposed change in the existing street structure of the Town.
(d) Whenever the Town Council shall have determined to locate or lay-out or widen any street, lane or alley, and shall have affixed the compensation therefore it shall be their duty, immediately after the survey and location of said street, lane or alley, to notify by registered letter with return receipt requested, the owner or owners of the real estate through or over which such street, lane or alley may run, of their determination to open or widen the same, and to furnish a general description of the location thereof; also the amount of the compensation or damages allowed to each such property owner, and if such owner be not a resident within the Town, to notify the holder or tenant of said real estate and the owner of such property if his address be known; but if there be no holder or tenant resident in said City and the address of the owner be unknown, or if there is a holder or tenant and the address of the owner is unknown, the said notice may be affixed to any part of the premises. If the owner is dissatisfied with the amount of compensation or damages allowed by the Town as aforesaid, said property owner may, within ten (10) days after such notice as aforesaid was posted or mailed, appeal from the written notice of assessment or compensation or damages by serving written notice by registered mail with return receipt requested upon the Mayor of the Town to the effect that he or she is dissatisfied with the amount of said compensation or damages, and it is his or her intention to make written application to one of the judges of the Superior Court of the State of Delaware in and for Sussex County for the appointment of a Commission to hear and determine the matter in controversy; and in order to prosecute said appeal, such owner shall within fifteen (15) days after serving said notice upon the Mayor as aforesaid, make written application to said Judge of the Superior Court of this State who is at that time resident of Sussex County for the appointment of such a commission; and thereupon the said Judge shall issue and appoint a Commission directed to five (5) freeholders of the said County, three (3) of whom shall be residents of The Town of Blades, and two of whom shall be non-residents of said Town, demanding them to assess the damages which the owner of the real estate through or over which the said street, lane or alley shall pass, and who shall have notified the said Town Council of their intention to appeal, may incur by reason thereof, and to make return of their proceeding to the said Judge at the time therein appointed.
(e) The freeholders named in such Commission, being first
duly sworn or affirmed, shall view the premises and may, or a majority of them, shall assess the damages as aforesaid, and shall make return, in writing of their proceedings to the said Judge who shall deliver and return to the Town Council, which shall be final and conclusive. The said Judge shall have the power to fill any vacancy in the Commission. The amount of damages being so ascertained, the Town Council may pay or tender the same to the person or persons entitled thereto within thirty (30) days after the same shall be finally ascertained, or if the person or persons so entitled reside out of, or are absent from the Town during the said period of thirty (30) days, then same shall be deposited to his or her credit in the Farmers Bank of the State of Delaware with offices in Georgetown, Sussex County, Delaware, within said time, and thereupon the said property of lands may be taken or occupied for the uses aforesaid.
(f) If the ascertainment and assessment of damages by the freeholders appointed by the Judge as aforesaid shall be increased, the costs of the appeal shall be paid by the Town out of any money in the hands of the Town Clerk belonging to the Town; but if said damages shall not be increased, the cost of the appeal shall be paid by the party appealing. The said freeholder members of the Commission shall receive and be allowed for each day's actual service or of any part of a day the sum of Twenty Dollars ($20.00). After the damages shall be fixed and ascertained by the freeholders, the Town Council shall have the option to pay the damages assessed within the time aforesaid and to proceed with the said improvements, or, upon the payment of the costs only, may abandon the proposed improvements,
(g) In the event that the Town Council feels that the damages assessed are not just as being excessive, it may then appeal to the Supreme Court of the State of Delaware. If the owner of the property feels that the damages awarded are inadequate, such owner may appeal to the Supreme Court of the State of Delaware.
CURBING AND PAVING
Section 32. (a) Whenever the Town Council shall have determined that any paving, graveling, curbing or any or either or all of them shall be done, they shall notify the owner or owners of the land along or in front of whose premises the same is to be
done, particularly designating the nature and character thereof, and thereupon it shall be the duty of such owner or owners to cause such paving, graveling and curbing to be done in conformity with said notice. In the event of any owner or owners neglecting to comply with said notice for the space of thirty days, the said Council may proceed to have the same done, and when done the Town Clerk shall, as soon as convenient thereafter, present to the owner or owners of such lands a bill showing the expenses of such paving, graveling and curbing; if such owner or owners be not resident in The Town of Blades, such bill may be presented to the occupier or tenant of said lands, or if there be no occupier or tenant resident of said Town of Blades, such bill may be sent by mail to such owner or owners directed to him, her or them at the post office nearest his, her or their residences. If such bill be not paid by the owner or owners of such lands within sixty days after the presentation as aforesaid, then it shall be the duty of the said Town Council to issue a warrant in the name of The Town of Blades, under the hand of the Mayor of the Town and seal of said Town, directed to the Town Clerk of the Town of Blades, commanding him that of the goods and chattels, lands and tenements of such owner or owners, he should cause to be levied and made the amount of said bill, together with all costs. It shall be the duty of the Town Clerk of the Town of Blades, as soon as convenient after the said warrant shall be delivered to him, and after ten days' notice to the owner or owners of such lands, and after posting five or more notices of sale in at least five (5) public places in The Town of Blades, at least ten (10) days before the day of sale, to sell the goods and chattels of said owner or owners at public auction, or so much thereof as may be necessary to pay the amount of said bill with all costs. If no goods and chattels of such owner or owners can be found within said Town sufficient to satisfy the amount of said bill with all costs, then it shall be the duty of the said Town Clerk of the said Town of Blades, after ten (10) days' notice to such owner or owners as aforesaid,, and after posting five (5) or more notices of sale in at least five (5) public places in The Town of Blades, for at least ten (10) days before the day of sale, and after causing such notice of sale to be published twice in one newspaper printed in the said Town of Blades, or if there be no newspaper printed in the said Town of Blades, then in a newspaper printed anywhere in Sussex County, to sell the lands and tenements of such owner or owners along or in front of which such paving, graveling and curbing, or either of them, have been done, or so much of said lands and tenements as may be sufficient
to satisfy the amount of said bill with costs, and a deed from the Town Clerk of The Town of Blades shall convey to the purchaser or purchasers of such lands and tenements as full and complete title, in fee simple or otherwise, as if the same were executed by the owner or owners thereof. The claim for paving, graveling and curbing shall be a lien on the premises along or in front of which the said work was done, and shall have priority over any lien, incumbrance or conveyance suffered or made by the owner or owners after the presentation of the said bill as aforesaid for a period of Ten (10) years from the date the work was completed, provided that within thirty days after the completion of said improvements a certificate under the corporate seal of The Town of Blades signed by the Mayor, setting forth the amount of the bill, the date of the completion of the improvements and a description of the property affected by said lien with the name or names of the owner or owners shall be recorded in the office of the Recorder of Deeds at Georgetown, in and for Sussex County; and the record of such certificate or duly certified copy hereof shall be evidence in all Courts of law and equity in this State. Any such lien heretofore acquired shall be continued, provided that a certificate as above described shall be recorded in the said Office of the Recorder of Deeds within ninety (90) days after the approval of this Act. It shall be the duty of the Town Clerk of the Town from the purchase money of the said goods and chattels of lands and tenements, sold as aforesaid, to pay all costs arising from the proceeds of said sale to the parties entitled thereto, and to retain for the use of said Town the amount of said bills as aforesaid, and the residue of the said purchase money, if any, shall be deposited in the Farmers Bank of the State of Delaware at Georgetown,-to the credit of the said owners or owner. The Town Clerk of the said Town shall be entitled to receive five (5) dollars for every sale of personal property under this Section, and ten (10) dollars for every sale of real estate under this Section, together with such additional sum as may be reasonable and proper for the keeping, taking care of such personal property, for selling the same and for advertising all of which shall be part of the costs to be paid out of the purchase money as aforesaid. Any notice, required by this Section, to one co-owner shall be notice to all, and in case no owner shall reside in said Town, notice served upon the occupier or tenant shall be sufficient, or if there be no owner or occupier, or tenant of said premises resident in the Town, it shall be sufficient to send notice by mail to any owner or owners of said premises, directed to him, her or them at the post
office nearest his, her or their place or places of residence; the provisions hereinbefore contained in this Section shall apply to any order made by the Town Council in respect to any pavement, sidewalk or curb heretofore made or done, which the said Council may deem insufficient or to need repairing. The said Council, in addition to the provisions of this Section hereinbefore contained, shall have power and authority to enforce by ordinance, all the requirements of this Section, by imposing such fines and penalties as shall, in the judgment of said Council, be necessary and proper.
(b) In addition to the remedies herein provided for the collection of bills relative to the curbing and paving of properties, or for the collection of taxes or any other debt or demand due The Town of Blades, it shall be lawful for the Town Clerk in the name of The Town of Blades to institute an action before any Justice of the Peace of the County of Sussex if the amount of the demand be One Thousand Dollars ($1,000.00) or less, or before the Superior Court of the State of Delaware, if the amount of the demand be more than One Thousand Dollars, and thereupon to obtain judgment for the amount of such demand or debt, and to collect the same in the manner now or hereafter provided for the collection of judgments in the State of Delaware.
USE OF TOWN MONEY
Section 33. (a) The Town Council shall have the power and authority to use the money in the Treasury of said Town, or of any portion thereof, for the improvement, benefit, protection, ornament, and the best interest of the said Town as it may deem advisable and to use the Town money to accomplish and carry into effect all acts and things which it has power to do by virtue of the Constitution, Laws of Delaware, this Act and all lawful ordinances and resolutions of Council. In general performance of their duties and acts, doings and determination of a majority of the Council of said Town shall be as good and binding as the acts, doings and determination of the whole. In case of vacancy or vacancies in the Town Council, the remaining members, until such vacancy or vacancies shall be filled as hereinbefore provided, shall have the same power and authority as the whole. A majority of the Council shall constitute a quorum for the transaction of business.
OBSTRUCTIONS, NUISANCES AND
UNSANITARY CONDITIONS
Section 34. The Town Council shall have power and authority to enact ordinances or adopt resolutions to define, prevent, abate, and remove all obstructions, nuisances and unsanitary conditions at any time existing or deemed to be contemplated by any property owner or tenant or any property owner thereof whether in the street, square, lane or alley, or on the sidewalks or any other public or private place within the limits of said Town either on its own inspection, or upon written complaint of any citizen of the Town stating the character and location of the obstruction, nuisance or unsanitary condition, and signed by the citizen making the complaint. If a majority of the elected members of the Town Council either upon inspection or upon such inspection or upon such information, or both, shall determine that such obstruction, nuisance or unsanitary condition exists and ought to be removed or abated, as the case may be, the Town Council shall enact an ordinance or adopt a resolution, or both, appropriate to the contemplated or existing commission and the Town Council shall thereupon give notice in writing by registered mail with return receipt requested, signed by the Mayor to the person or persons contemplating or causing such obstruction, nuisance or unsanitary condition, or to the person or persons who are responsible for its existence or continuance to remove or abate the same and if such person or persons refuse or neglect for the space of two (2) days to take steps to abate or remove the stated condition after such notice is received, Council shall have the power and authority to cause such obstruction, nuisance or unsanitary condition to be removed or abated; and for this purpose Council may issue a warrant in the name of the Town of Blades; under the Hand of its Mayor and the Seal of the Town and directed to any Constable of Sussex County, commanding him forthwith to abate such obstruction, nuisance or unsanitary condition, whereupon the Constable to whom said warrant may be delivered shall forthwith proceed to remove or abate the same and for such purpose he shall have full power and authority to enter into and upon any lands and premises in said Town and to take with him such assistance, implements, horses, carts, wagons, automobiles, trucks, or other things, as may be necessary and proper, and to do and perform all matters and things right, proper and necessary to be done for the removal or abatement of such obstruction, nuisance or unsanitary condition. The costs of all the
necessary work, labor and proceedings of the Town in the removal or abatement of such obstruction, nuisance or unsanitary condition shall be determined by Council upon the completion of the work, and if such amount be not paid to the Town Clerk, for the use of the Town, by the person or persons causing or responsible for such obstruction, nuisance or unsanitary condition within ten days after a bill stating the amount of such costs is presented or mailed to such person or persons, at their last and best known post office address, then Council may proceed to collect the same, out of the goods and chattels, lands and tenements, of such person or persons and it shall be the duty of Council to issue a warrant in the name of The Town of Blades under the hand of the Mayor, and the seal of the Town, directed to the Alderman or any Justice of the Peace commanding him that of the goods and chattels, land and tenements of such person or persons he shall cause to be levied and make the amount of said bill, together with all costs. It shall be the duty of the Alderman or a Justice of the Peace, as soon as convenient thereafter, and after ten days, written notice to such person or persons, deposited in the mails and directed to such person or persons at his or their last and best known post office address, and after posting vie or more notices of sale in at least five of the most public places in said Town at least ten days before the day of sale, to first sell the goods and chattels of such person or persons at public auction in said Town, or so much thereof as may be necessary to pay the amount of said bill with all costs. If no goods or chattels of such person or persons can be found in said Town, or the goods and chattels found and sold as aforesaid be not sufficient to satisfy the amount of said bill, with all costs, then it shall be the duty of the said Alderman or Justice of the Peace, after further notice of ten days, given to said person or persons in the same manner as aforesaid, for the sale of goods and chattels, and after posting five or more notices of sale in at least five of the most public places in said Town for at least ten days before the day of sale, and after causing such notice of sale to be published once, in a newspaper published in Sussex County, to sell the land and tenements of such person or persons, or so much thereof as may be sufficient to satisfy the amount of said bill and all costs, and a deed from the Town Clerk of the said Town shall be made and shall convey to the purchaser or purchasers of such lands and tenements as full and complete title in fee simple or lesser estate, as if same were executed by the person or persons whose lands and tenements were sold as aforesaid. The claim for the expenses of the Town in removing or abating such obstruction, nuisance or
unsanitary condition, and all costs, shall be a lien on the premises where such obstruction, nuisance or unsanitary condition exists, and said lien shall relate back to the time when the first notice to remove or abate shall have been served upon such person or persons and shall have priority over any lien, encumbrance or conveyance suffered or made by such person or persons after the mailing of said notice. It shall be the duty of the Alderman or Justice of the Peace, out of the purchase money from the sale of said goods and chattels, or lands and tenements, to pay all costs arising from said proceedings and sale to the parties entitled to such costs, to retain and pay to the Town Clerk, for the use of the Town, the amount of said bill to the Town and the residue of said purchase money, if any, shall be at once deposited in some bank designated by the Town Council to the credit of the owner or owners of said goods and chattels, or lands and tenements. The Alderman or Justice of the Peace shall be entitled to receive Ten Dollars for every sale of personality under this Section and Twenty Dollars for every sale of real estate under this Section, together with such additional sum as may be allowed by Council for the keeping and care of such personal property, for selling the same, and for said advertising, all of which shall be a part of the costs aforesaid to be paid out of the purchase money. Any notice required by this Section to one co-owner shall be notice to all, and in case of no owner shall reside in said Town, said written notice deposited in the mail in a sealed envelope and addressed to such owner at his or her best known post office address shall be deemed proper notice. Council in addition to the provisions of this Section by imposing such fines and penalties as shall be, in the judgment of Council, necessary and proper which shall be additional to the said expenses and costs of removal or abatement. For all the purposes of this Section, any property, whether dwelling, storehouse, or both, or otherwise, which does not have proper connections with the sewer system of the said Town, if such sewer connections be available for such property, shall be deemed to be in an unsanitary condition under the meaning of this Section, at the discretion of the Council.
MUNICIPAL ZONING REGULATIONS
Section 35. (a) For the purpose of protection against fire, promoting health, safety, morals or the general welfare of the community, the Town Council is hereby empowered to adopt
ordinances to regulate and restrict the height, number of stores, size of buildings and other structures, the density of population, and the location and use of buildings, structures and lands for trade, industry, residence or other purposes, and this power shall embrace new buildings or additions to or alterations of existing structures of every kind; to condemn buildings or structures, or portions thereof, that constitute a fire menace and to require or cause the same to be torn down, removed, or so altered as to eliminate the menace of fires; to prescribe the height and thickness of any building and the kind and grade of materials used in the construction thereof.
(b) The Town Council in order to avail itself of the powers conferred by this section, shall appoint a commission of not less than three members to be known as the Zoning Commission in accordance with Section 306, Title 22, Del. C. of 1953, as amended. The Town Council shall further provide for the appointment of a Board of Adjustment which shall consist of the Town Clerk, the Mayor and the Town Solicitor. The Board shall have all the powers and shall be bound by the same procedure as set forth in Sections 321 through 330 inclusive, Title 22, Del. C. of 1953, as amended. Should any amendment be made to 22 Del. C. 306 or 22 Del. C. Sections 321 through 330 inclusive by the General Assembly, the Charter of the Town of Blades shall be deemed amended in order to comply with such amendments.
Upon the passage of this Act, before any building or structure of any kind, or alteration or additions to any building constructed in The Town of Blades be made, a permit must be secured from the Town. The Town Council is hereby empowered to enact ordinances establishing fees in relation thereto sufficient only to defray the costs in all actions taken pursuant to this Section.
ACTIONS OR SUITS AGAINST THE TOWN
Section 36. No action, suit or proceeding shall be brought or maintained against The Town of Blades for damages, either compensatory, or punative, on account of any physical injury or injuries, death or injury of property by reason of the negligence, simple, gross, wilful, or wanton of the said The Town of Blades or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted, within Ninety (90) days from the happening of such
injury or the suffering of such damage, shall notify in writing the Mayor of The Town of Blades of the time, place, cause, character and extent of the injury sustained, so enrolled or damages suffered.
MOTOR VEHICLE VIOLATIONS
Section 37. All driving, vehicular and pedestrian traffic within the corporate limits of The Town of Blades shall be governed by the provisions of Chapter 41, Title 21, Delaware Code of 1953, as heretofore or hereafter amended by the General Assembly of the State of Delaware, except to the extent that such provisions may be altered or supplemented by ordinance duly passed by the Town Council of The Town of Blades as authorized by Chapter 41, Title 21, Delaware Code of 1953, as amended. The Alderman of The Town of Blades, duly appointed as provided herein, shall have the power to impose the maximum penalty authorized by Chapter 41, Title 21, Delaware Code of 1953 as the same may be from time to time amended, anything to the contrary herein notwithstanding.
DISPOSAL OF PROPERTY
Section 38. (a) All disposals of property of The Town of Blades, other than the motor vehicles or other personal property which may be traded as part of the purchase price for a replacement thereof, shall be by public advertising for bids thereof pursuant to the following procedure:
(1) The Town Council of The Town of Blades shall adopt a Resolution declaring the property to be sold to be surplus to the needs of The Town of Blades. The Resolution shall be passed at least Sixty (60) days prior to the date when bids are to be received and shall contain a description of the property, its location, the times when it can be inspected, the terms for payment and shall fix a time and place for receiving sealed bids for the purchase thereof.
(2) The property shall be offered for sale to the best and most responsible bidder who submits a responsive bid in response to the invitation to submit a bid for the property.
(3) The Invitation for Bids shall be printed in two issues of a newspaper having a general circulation in The Town of Blades
within Thirty (30) days prior to the date when bids to purchase the said property will be received.
(b) Neither the Mayor of The Town of Blades nor any member of the Town Council of The Town of Blades shall be permitted to submit during his term of office a bid for any property to be sold pursuant to this Section.
SURVIVAL OF POWER AND VALIDATING SECTION
Section 39. This Act shall operate to amend, revise and consolidate, "An Act to Incorporate the Town of Blades" being Chapter 155, Volume 28, Laws of Delaware, and the various amendments and supplements thereto, and to repeal all such parts of said Act and its amendments and supplements as are manifestly inconsistent with the provisions of this Act. All powers conferred upon or vested in The Town of Blades by any Act of Law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon, and vested in The Town of Blades and/or the Town Council of The Town of Blades, precisely as if each of the said powers was expressly repeated in this Charter. All ordinances and resolutions heretofore lawfully enacted or adopted by the Town Council of The Town of Blades and in force at the time of the approval of this Charter shall continue in full force and effect until the same or any of them shall be repealed, modified or altered by the Town Council of The Town of Blades under the provisions of this Charter; all the acts and doings of the Town Council of the Town of Blades or any officers or employees of The Town of Blades lawfully done or performed under the provisions of any law of this State, or of any ordinance of The Town of Blades prior to the approval of this Act, are hereby ratified and confirmed; all taxes, debts, fines or penalties, assessments and forfeitures due The Town of Blades shall be deemed to be due and all debts due from The Town of Blades shall be deemed to be due and the same shall remain unimpaired until paid; and the power, right and authority to collect taxes imposed under the provisions of this Act, and the processes which may be employed hereunder, shall be deemed to apply and to extend to all unpaid taxes imposed under the Charter of The Town of Blades and all amendments and supplements thereto; the bonds given by or on account of any Official of The Town of Blades shall not be impaired by or affected by the provisions of this Act, but The Town of Blades shall succeed to all
the benefits of said bonds; all valid laws heretofore passed relating to or concerning The Town of Blades or authorizing the borrowing of money and the issuing of bonds on the credit of The Town of Blades shall be and remain valid and good as heretofore, and be unaffected and unimpaired by this Act.
If any part of this Act shall be held unconstitutional, such holding shall not in any wise invalidate the remaining provisions of this Act. This Act shall be deemed and known to be a public Act.