CHAPTER 481
FORMERLY SENATE
BILL NO. 603
AN ACT TO AMEND CHAPTER 182, VOLUME 45, LAWS OF DELAWARE, CHAPTER 217, VOLUME 47, LAWS OF DELAWARE AND CHAPTER 220, VOLUME 54, LAWS OF DELAWARE, RELATING TO THE ELECTION AND APPOINTMENT OF CERTAIN TOWN OFFICERS OF THE TOWN OF DELMAR.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each branch concurring therein):
Section 1. Amend Section 1 of Chapter 182, Volume 45, Laws of Delaware, by striking subparagraphs 3 and 4 in their entirety and substitute in lieu thereof new subparagraphs 3 and 4 to read as follows:
3. The Council shall for the purpose of such election add to the roll of eligible voters as set forth under the provisions of Paragraph (b) Section 5 as amended the names of all persons 18 years of age or older who have been residents of the territory proposed to be added to the Town for 30 days or longer prior to the date of such election. And each qualified voter within the Town of Delmar, Delaware and the territory to be annexed thereto shall have one vote in the election.
4. At such election for the annexation of additional territory, if the Council so approves and advertises appropriately in the notice of the election additional votes may be granted in that every person having the right to vote in the election as herein provided shall have one vote for every dollar and fractional part of a dollar of taxes paid by him or her respectively, during the year preceding the said election and every owner of property within the Town or within the area proposed to be annexed to the Town, resident or non-resident of such areas, whether individual, partnership or corporation shall have one vote for every dollar or fractional part of a dollar of taxes paid by said owner during the year preceding said election and said votes may be cast either in person or by proxy, it being understood that under the qualifica-
tions for votes herein, no tax dollar or fractional part of a dollar of taxes, shall by any method of calculation result in there being more than one (1) vote granted for such dollar or fractional part aforesaid.
Section 2. Amend Section 4 of Chapter 182, Volume 45, Laws of Delaware, entitled "Government" by striking the last sentence thereof and inserting the following:
The Mayor shall be entitled to an annual salary of Five Hundred Dollars ($500.00); the councilmen shall each be entitled to an annual salary of Three Hundred Dollars ($300.00).
Section 3. Amend Section 5 of Chapter 182, Volume 45, Laws of Delaware, by striking the subtitle "Election" and inserting in lieu thereof the subtitle "registration."
Section 4. Amend Section 5 of Chapter 182, Volume 45, Laws of Delaware, by adding thereto a new paragraph to be designated as paragraph (b) to read as follows:
B. The Council in each calendar year from the hours of 1 P.M. to 8 P.M., Eastern Standard Time, on the third Wednesdays in June and November and within a period of thirty days prior to the date of any town election, and on such additional dates and times as the Council may decide, shall conduct a registration for all citizens of the Town of Delmar, eighteen years of age or older, not registered in the permanently established and currently revised records of eligible voters. Such registration by any citizen once accomplished shall during their residence in the Town of Delmar constitute their right and authority to one vote in any election of the Town, until the Council shall call for a general registration. Entitlement to vote in said election shall not be otherwise qualified or enlarged except that residency of 30 days or longer shall be a prerequisite to the right to vote and except that any citizen becoming eighteen years of age on or before the day of an election may register to vote on the last registration day herein established before any town election. Notice of each registration incorporating the day, place and time shall be published at least one week prior to the date specified in a newspaper of general circulation in the Town.
Laws of Delaware, by striking paragraph (A) in its entirety and
substitute in lieu thereof a new paragraph (A) to read as follows:
(A) The annual election shall be held on the first Monday of April, A.D., 1945, and similarly annually until 1974 and then beginning in 1974 biennially on the first Monday of April in every other year thereafter between the hours of 2 o'clock P.M. and 7 o'clock P.M., Eastern Standard Time, at such place as shall be designated by the Council, due notice of which shall be given by the posting of notices thereof in five places within the limits of the Town less than 10 days before the day of such biennial election.
The members of the Council and the Mayor shall be citizens of the State of Delaware, residents of the Town of Delmar, Delaware, and eighteen years of age or older.
Section 6. Amend Section 6 of Chapter 182, Volume 45, Laws of Delaware, by striking the third sentence of paragraph (B) in its entirety and substitute in lieu thereof the following:
The Council shall publish in a newspaper of general circulation in the area, at least once, two weeks prior to the election, the names and addresses of all nominees.
Section 7. Amend Section 6 of Chapter 182, Volume 45, Laws of Delaware, by striking the last sentence of paragraph (C) and inserting in lieu thereof the following:
Each member of the said election board shall be paid the sum of $25.00 for his service.
Section 8. Amend Section 6 of Chapter 182, Volume 45, Laws of Delaware, by striking paragraph (D) in its entirety and inserting in lieu thereof the following:
(D) Each registered voter under the provisions of paragraph (B), Section 5, shall be entitled to one vote for each nominee.
Section 9. Amend Section 6 of Chapter 182, Volume 45, Laws of Delaware, by striking the word "ballots" in the last sentence of paragraph (F) and inserting in lieu thereof the word "votes".
Section 10. Amend Section 6 of Chapter 182, Volume 45, Laws of Delaware, by striking the first sentence in paragraph (G) and inserting in lieu thereof the following:
The persons elected as Council and Mayor shall until the election of 1974 be elected and shall serve for a term of two years except that councilmen in 1973 shall serve for a term of three years and the mayor elected in 1973 shall serve a term of one year and beginning with the election 1974 the mayor of the town shall be elected then and in each succeeding biennial election to serve a term of two years and two of the councilmen shall be elected in 1974 and at each succeeding biennial election to serve a term of four years and further, each councilmen elected shall serve until his or their successors shall have been duly elected and qualified.
Section 11. Amend Section 12 of Chapter 182, Volume 45, Laws of Delaware, by striking the words "tax collector, secretary and treasurer" as the same appears in the first sentence thereof and substitute in lieu thereof the word: "clerk-treasurer".
Section 12. Amend Section 12 of Chapter 182, Volume 45, Laws of Delaware, by striking paragraph (F) subtitled "Secretary" in its entirety and substitute in lieu thereof a new paragraph (F) to be subtitled "Clerk Treasurer" to read as follows:
(F) The Clerk-Treasurer appointed by the Mayor and the Council of the Town of Delmar shall be appointed for an indefinite term and his compensation shall be that which is from time to time determined by the Council. The Clerk-Treasurer shall provide a bond in the amount of $20,000 with such corporate surety as the Council may direct by resolution or ordinance. The Clerk-Treasurer shall serve as the tax collector, the corporate secretary, and the chief administrative and financial officer of the town. The duties of the Clerk-Treasurer shall be delineated and defined by resolution or ordinance of the Mayor and Council and shall generally constitute those of a chief executive officer and agent, for the Mayor and the Council.
Section 13. Amend Section 12 of Chapter 182, Volume 45, Laws of Delaware, by striking paragraph (G) subtitled "Treasurer" in its entirety and substitute in lieu thereof a new paragraph (G) to be subtitled "Clerk-Treasurer" to read as follows:
(G) The Clerk-Treasurer shall serve as corporate secretary and treasurer of the Mayor and Council of the Town of Delmar. He shall record all the proceedings of the Council and keep a correct journal of the same in a book to be provided for the purpose:
and shall file and keep in a safe place the seal of the town and all papers and documents relative to the affairs of the town:
and deliver the same to his successor in office. He shall attest the seal of the town when authorized by the Council and perform generally the corporate duties of secretary. All records, books, papers and documents in the custody of the Clerk-Treasurer shall be always open for the inspection of the Council and the public under such regulations as Council may prescribe.
The Clerk-Treasurer shall be the custodian of the town funds and shall perform the duties of a corporate treasurer as authorized by the Mayor and Council of the Town of Delmar and as directed by resolution or ordinance of such corporate body.
Section 14. Amend Section 12 of Chapter 182, Volume 45, Laws of Delaware, by striking the first and second paragraphs of (H) entitled "Alderman" in their entirety and substitute in lieu thereof three new paragraphs to read as follows:
The alderman shall be a citizen of the Town of Delmar, Delaware and shall be sworn to perform the duties of his office with fidelity. In the event of absence or disability, or otherwise, the Council, at any meeting, may appoint an Acting Alderman. He shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the limits of the Town of Delmar, so far as to arrest and hold to bail, or fine and imprison offenders; of all fines, penalties and forfeitures prescribed by this Chapter, ordinances enacted hereunder and all driving vehicular and pedestrian traffic within the Town of Delmar, the violation of which shall be governed and adjudicated by the provisions of Chapter 41, Title 21, Del. Code of 1953 as heretofore and hereafter amended by the General Assembly of the State of Delaware, hereby and herein made a part of the laws of the Town of Delmar, except to the extent that such provision shall be altered or supplemented by ordinances duly passed by the Town Council of the Town of Delmar and as authorized by Chapter 41,
Title 21, Delaware Code of 1953, as amended. The Alderman of the Town of Delmar, duly appointed as provided shall have the power to impose the maximum penalty as authorized by Chapter 41, Title 21, Delaware Code of 1953 as the same may be from time to time amended and further, the Alderman's jurisdiction shall extend to the violation of any law of the State of Delaware, the jurisdiction of which is included in that of the Justice of the Peace Courts of the State of Delaware. The Alderman shall have jurisdiction of neglects, admissions or defaults of any member of the police force or other town officers, agents or employees. The Alderman shall impose no fine in excess of that fixed by ordinance and/or by Chapter 41 of Title 21 of the Delaware Code of 1953 and shall commit no one to prison longer than thirty days except as provided in Chapter 41 of the Delaware Code aforesaid. The jail of Sussex County may be used for imprisonment under the provisions of this Charter. Any Justice of the Peace of Sussex County shall have concurrent jurisdiction with the Alderman or Acting Alderman with the same authority and limitations for violation of town ordinances, collection of taxes and all other matters within the purview of this Charter.
The Alderman also shall have jurisdiction in suits of civil nature for the collection of town taxes, recovery of amounts due and payable for the construction of sidewalks, curbs or pavement, expenses of abatement of nuisances, and all other matters which may arise in the proper government and control of the Town under the provisions of this Charter; and within his jurisdiction he shall have all the powers and authority, and shall be subject to all the limitations of a Justice of the Peace of the state of Delaware, except as herein or by ordinance otherwise provided.
The compensation for the services of the Alderman and Acting Alderman shall be determined by the Council and in no instance shall such compensation be based upon fees, fines or costs relative to the adjudication of any matter before the Court.
Section 15. Amend Section 14 of Chapter 182, Volume 45, Laws of Delaware, by adding a new paragraph at the end of paragraph (6) to read as follows:
The Council may in its discretion instruct the assessor that without deviation he shall use the Sussex County assessment of persons and similarly use its assessment of property as a basis of
"Council's" assessment with such uniform percentage of increase or decrease as the Council may by unanimous vote approve in determining the personal and property assessment within the Town.
Section 16. Amend Section 1, of Chapter 220, Volume 54, Laws of by striking the words and figures "Thirty Thousand Dollars ($30,000.00)" as they appear therein and substitute in lieu thereof the words and figures "Fifty Thousand Dollars ($50,000.00)".
Section 17. Amend Section 15 of Chapter 182, Volume 45, Laws of Delaware, by striking paragraph 5 in its entirety and substituting in lieu thereof a new paragraph 5 to read as follows:
Whenever the personal property of the taxable is insufficient, the Clerk Treasurer may institute a suit before the Alderman of the Town of Delmar or before any Court of law within the County of Sussex for the recovery of unpaid tax in an action of debt and upon judgement obtained, may sue out writs of execution as in case of other judgements recovered in Delaware courts of law.
Section 18. Amend Section 15 of Chapter 182, Volume 45, Laws of Delaware, by striking paragraphs 13, 14 and 15 beginning with the phrase "In sales of land" and ending with the phrase "by the purchaser" and substitute in lieu thereof the following:
In sales of lands for the payment of taxes, the cost of filing complaints, petitions and returns, recording, advertising, sale and all other expenses directly attributable to such sale except the cost of the deed, transfer taxes and other expenses incident to the title and acquisition of the purchaser's interest in the property sold, shall bescost allowed to be deducted from the proceeds of the sale or chargeable against the owner.
Section 19. Amend Section 16 of Chapter 182, Volume 45, Laws of Delaware, by striking the last sentence of said section beginning with the words "The Fees" and ending with the word "cost" and substitute in lieu thereof a new sentence to read as follows:
The fees to the freeholders shall be Twenty-five dollars ($25.00) per day each and shall be taxed as a part of the costs.
Section 20. Amend Section 19 of Chapter 182, Volume 45, Laws of Delaware, by striking the words "or any Justice of the Peace residing in the Town" as the same appears in paragraph 7 of Section 19 and substitute in lieu thereof the following:
Any Justice of the Peace or Court of law in Sussex County.
Section 20. Amend Section 20 of Chapter 182, Volume 45, Laws of Delaware, by striking the words and figures "Five Hundred Dollars ($500.00)" as the same appears in Section 20 paragraph (a) and substitute in lieu thereof the words and figures 'One Thousand Dollars ($1,000.00)."
Section 21. Amend Section 2 of Chapter 217, Volume 47, Laws of Delaware by striking subparagraphs 5 and 6 and insert in lieu thereof the following:
At the special election each person eligible to vote under the qualifications for the privilege in annual elections on the date of such election shall have one vote and if Council so approves, and advertises in the notice of the election, additional votes may be granted in that every person having the right to vote in the election shall have one vote for every dollar and fractional part of a dollar of taxes paid by him or her respectively during the year preceding the said election and every owner of property, within the town, resident or nonresident, whether individual, partnership or corporation shall have one vote for every dollar or fractional part of a dollar of taxes paid by said owner during the year preceding said election and said votes may be cast either in person or by proxy.
Section 22. Amend Section 22 of Chapter 182, Volume 45, Laws of Delaware, by striking the first paragraph beginning with the words "The Council" and ending with the word "following" and substitute in lieu thereof a new paragraph to read as follows:
The 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 Delmar for the payment of current operating expenses and obligations; for the purchase, the erection, the extension, enlargement or the repair of any plant, machinery, appliances or equipment, for the supply or the manufacture and distribution of electricity or gas or light, heat or power purposes
or the furnishing of water to the public, for the construction, repair or improvement of highways, streets or lanes, or 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 of the share of the town of the cost of any permanent municipal improvement; provided, however, that the borrowing of the money therefor shall be authorized by the Town Council and approved in a manner hereafter designated. The borrowing of monies for the refunding of indebtedness of the Town or for the payment of current operating expenses and indebtedness of the Town in an amount not exceeding Fifty Thousand Dollars ($50,000.00), shall require only the approval and authorization of the Council in two meetings, the second of which shall be held at least thirty days and not more than sixty days following the date of the first approval. All other borrowing of funds shall be in the manner and at the time following.
Section 23. Amend Section 22 of Chapter 182, Volume 45, Laws of Delaware, by striking subparagraphs 5 and 6 in their entirety and substitute in lieu thereof a new paragraph to read as follows:
At the special election each person eligible to vote under the qualifications for the privilege in annual elections on the date of such election shall have one vote and if Council so approves, and advertises in notice of the election, additional votes may be granted in that every person having the right to vote in the election shall have one vote for every dollar and fractional part of a dollar of taxes paid by him or her respectively during the year preceding the said election and every owner of property, within the Town, resident or nonresident, whether individual, partnership or corporation shall have one vote for every dollar or fractional part of a dollar of taxes paid by said owner during the year preceding said election and said vote may be cast either in person or by proxy.
Section 24. Amend Section 21 of Chapter 182, Volume 45, Laws of Delaware, by striking the words and figures "Fifteen (15)" as the same appears in subparagraph (d) of said section and substitute in lieu thereof the words and figures "Twenty (20)".
fined" and ending with "30 days" as the same appears within the 3 sentences of Section 23 and substitute in lieu thereof the following:
shall be fined a sum not exceeding one hundred dollars ($100.00), together with costs and imprisonment for a period not exceeding thirty (30) days or both.
Section 26. Amend Section 30 of Chapter 182, Volume 45, Laws of Delaware, by striking the period "." at the end of said section and add thereto the following:
'except that violation governed and adjudicated by the provisions of Chapter 41, Title 21, Delaware Code of 1953 as amended, herein incorporated and made a part of the law of the Town of Delmar, shall in all instances for such fines and penalties be as therein provided.
Section 27. Amend Section 31, Chapter 182, Volume 45, Laws of Delaware, by striking the section in its entirety and substitute in lieu thereof a new section to be subtitled: "Prosecutions" to read as follows:
All prosecutions for the violation of ordinances, rules, orders and regulations of the Town including the herein adopted provisions and statutes of Chapter 41, Title 21, Delaware Code of 1953, shall be before the Alderman or before a Court of Law Of the State of Delaware if appropriate in the name of the Town of Delmar or the State of Delaware upon complaint of "Mayor and Council of the Town of Delmar".