Delaware General Assembly

AN ACT TO AMEND CHAPTER 159, VOLUME 43, LAWS OF DELAWARE, ENTITLED "AN ACT CHANGING THE CORPORATE NAME OF 'THE COMMISSIONERS OF CAMDEN' TO 'THE TOWN OF CAMDEN' AND ESTABLISHING A CHARTER THEREFOR" AS AMENDED.

Be it enacted by the General Assembly of the State of of Delaware (two-thirds of all Members elected to each Branch thereof concurring therein:)

Section 1. Subsection 5 (A) of chapter 159, Volume 43, Laws of Delaware, as amended, is amended to read:

Section 5 (A). The annual municipal elections shall be held on the last Saturday in the month of February from 1 o'clock P. M. until 4 o'clock P. M., at such place as shall be determined by the Council, due notices of which shall be given by posting notices thereof in 5 public places within the limits of the Town of Camden, not less than 10 days before the day of the annual election. In the event that there are no contests, the election need not be held, and the secretary shall certify such fact to the Council.

Section 2. Subsection 13 of section 15, chapter 159, Volume 43, Laws of Delaware, as amended, is amended to read:

(13) The limit of the amount to be raised by taxation under this section shall not exceed the sum of Twenty Thousand ($20,000) Dollars in any one year clear of all delinquencies and expenses of collection; provided, however, that the Council of the said Town, whenever authorized by referendum vote duly held and conducted in all respects as provided for in section 5 of this act, may raise by taxation any amount above and exceeding the sum of Twenty Thousand ($20,000) Dollars. At such referendum one set of ballots used shall have written or printed thereon the words "for increased taxation" another set of ballots shall have written or printed thereon the words "against increased taxation" and both sets of ballots shall specify thereon the amount proposed to be raised; when, however, any sum in excess of Twenty Thousand ($20,000) Dollars shall have been authorized and approved at such referendum, it shall be lawful to raise by taxation such approved sum from year to year without the necessity of holding a referendum election each year, when, however, it shall be proposed to increase the sum to be raised each year by taxation above the amount approved at the last referendum when in order to authorize any such increase a new referendum shall be necessary and whenever any increased sum shall be authorized at any referendum said sum shall represent the maximum amount authorized to be raised from year to year by taxation until an increase shall have been authorized by referendum duly held as aforesaid.

Section 3. Subsection (F) of section 14, chapter 159, Volume 43, Laws of Delaware, as amended, is amended to read:

(F) The Council shall elect an Alderman who shall be a resident of Kent County.

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

In case of the temporary inability of the Alderman to perform his duties by reason of sickness or absence, or otherwise, the Council may at any meeting appoint an acting Alderman, who shall be a resident of Kent County, for the period of said inability.

Before entering upon the duties of his office, the Alderman shall be sworn or affirmed to perform the duties of his office with fidelity.

The Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed in the Town so far as to arrest and hold for bail or fine and imprison offenders; and also of all fines, penalties and forfeitures prescribed by this charter or by any ordinance of the Council and also of all neglects, omissions or defaults of any member of the Town police force or other Town officer or employee, provided that in the case of a violation of an ordinance, he shall impose no fine or penalty in excess of that fixed by the ordinance, and shall not commit to prison for a longer term than 30 days in default in the payment of a fine imposed by him. The Kent County Correctional Institution may be used for imprisonment under the provisions of this act provided that the Council shall pay for the board of persons committed for breaches of ordinances that do not constitute breaches of the general law.

Any action, suit or proceeding authorized under any of the provisions of this charter or under any ordinance of the Town may be instituted in the name of "The Town of Camden".

His fees for any service under this section shall be the same as those of a Justice of the Peace for like service, and for any service or duty for which no fee may be provided by law, the fee may be established by ordinance of the Council.

The Alderman shall also have jurisdiction in suits of civil nature, for the collection of taxes, recovery of amounts due and payable for the construction of sidewalks, curbs or pavements, 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.

Upon the expiration of his term of office, or upon resignation or removal from office, the Alderman shall forthwith deliver to his successor all books, papers, documents, and other things belonging or appertaining to his office, and shall pay over to the Treasurer all moneys in his hands belonging to the Town. Upon neglect or failure to make such delivery or payment for the space of 5 days, he shall be deemed guilty of a misdemeanor and upon conviction in the Superior Court of the State of Delaware shall be fined not more than $500 or imprisoned for not more than 1 year or both, at the discretion of the Court.

At every regular monthly meeting of the Council, the Alderman shall report in writing all fines imposed by him, and all fines and penalties and other money received by him during the preceeding month belonging to the Town. He shall pay all

such moneys to the Treasurer within 10 days after making report thereof to the Council; and for failure to make report to the Council, or for failure to make payment to the Treasurer for the space of 10 days, he shall be deemed guilty of a misdemeanor, and shall be punished, upon conviction, as hereinabove provided.

The Alderman shall keep a docket in which all his official acts shall be entered, which. shall be open to public inspection and examination at all times.

Section 4. Subsection 33 (A), chapter 159, Volume 43, Laws of Delaware, as amended, is amended to read:

Section 33 ( (A). The Board of Health for the Town of Camden shall consist of 3 members appointed by the Council to serve for 1 year; they shall report to the 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 Council of whatever may contribute to useful sanitary information.