CHAPTER 197
AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):
MUNICIPAL CORPORATE NAME AND
GENERAL POWERS THEREOF
Section 1--a. The Commissioners of Rehoboth Beach now in Office, and their successors hereafter chosen under the provisions of this Charter, within the limits and boundaries established by this Charter, shall be, and they are, created a body politic and corporate, in fact and in Law and Equity, by the name, style and title of "THE COMMISSIONERS OF REHOBOTH BEACH", hereinafter called The Commissioners, and under that name shall have perpetual succession; may have and use a corporate seal, which may be altered, changed or renewed at pleasure; may sue and be sued, plead and be impleaded in any and all Courts of Law and Equity in the State of Delaware and elsewhere by said corporate name; may take, receive, hold and enjoy any and all lands, tenements and hereditaments located either within or without the limits and boundaries set forth in Section 2 of this Charter, in fee simple or for a lesser estate, interest or otherwise, and also goods, chattels, rights and credits, and may sell, lease, hold, manage and control any such property or properties in such manner as The Commissioners may deem expedient and proper for the purposes hereinafter to be expressed; and may appoint such Officers and agents as shall be necessary or convenient for the management of the affairs of the City, and may fix and determine the compensation of such officers and agents.
b. Except as hereinafter provided in this Charter relative to the power to issue Bonds, The Commissioners shall have all other powers and functions requisite to or appropriate for the government of the City, its peace and order, its sanitation, beauty, the health, safety, convenience, government and wellbeing of its population, and the protection and preservation of property, public and private, and the maintenance of a permanent seaside resort and the furnishing of proper conveniences and attractions requisite to the same: provided, that nothing in this Charter shall be construed as conferring any banking power.
c. All actions, suits and proceedings shall be brought in the name of "THE COMMISSIONERS OF REHOBOTH BEACH".
d. The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict, in any way, the general powers conferred herein; but, in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that The Commissioners of Rehoboth shall have and may exercise all powers which, under the Constitution of the State of Delaware, it shall be competent for this Charter specifically to enumerate. All powers of The Commissioners of Rehoboth Beach, whether expressed or implied, shall be exercised as prescribed by this Charter, or, if the procedure, or a mode of exercise, be not prescribed herein, such power or powers shall be exercised by ordinance or resolution of The Commissioners.
TERRITORIAL LIMITS
Section 2--a. The limits and bounds of the City of Rehoboth Beach are hereby established and declared to be as follows:
b. Beginning at the Northeast line of the present Town of Rehoboth Beach, thence running to and with the coastline of the Atlantic Ocean, in a Southerly direction to the South side of Penn Street; thence with the South side of Penn Street to Silver Lake, thence by and with the North side of Silver Lake, in a Westerly direction, to the line of The Rehoboth Country Golf Club, continuing in a Westerly direction to a point at the North side of the Old County Bridge, across the United States Inland Waterway, to there intersect the line of the said Inland Waterway; thence by and with the line of the United States Right-of-Way in a Northerly direction, to the present line of the said Town of Rehoboth Beach; thence by and with the said present line in an Easterly direction, to the point of beginning.
c. The Commissioners of Rehoboth Beach may, at any time hereafter cause a survey and plot to be made of said City, and the said plot or any supplement thereto, when so made and approved by said The Commissioners of Rehoboth Beach, signed by the President, who shall affix thereto the municipal corporate seal of the City, attested by the Secretary of the said The Commissioners of Rehoboth Beach, and upon being recorded in the Offices of the Recorder of Deeds of the State of Delaware, in and for Sussex County, shall be, or the record thereof, or a duly certified copy of said record, shall be evidence in all Courts of Law and Equity of this State.
d. The said The Commissioners of Rehoboth Beach shall have the power to annex certain additional contiguous territory to the present limits of the said City of Rehoboth Beach, the description of City limits, after such additions, shall be: Beginning at the northeasterly line of the present limits of the City of Rehoboth Beach, thence running to and with the coast line of the Atlantic Ocean in a southerly direction to a point east of the center of Collins Avenue; thence by and with a line to the center of Collins Avenue; thence by and with the center of Collins Avenue to the high water mark of Rehoboth Bay; thence by and with the meanderings of the Rehoboth Bay in a northerly and westerly direction across the United States Inland Waterway (Lewes and Rehoboth Canal); thence by and with the westerly boundary of the United States Right-of-Way Line in a northerly direction to the present boundary line of the City of Rehoboth Beach; thence by and with the said line which is approximately one hundred feet northwest of and parallel to the northerly side of Henlopen Avenue in a northeasterly direction to the point and place of beginning, containing the most beautiful resort area along the Atlantic Shore, be the contents what they may.
And extend and apply to such additional territory all laws, ordinances, resolutions in force within said town, so far as they may be locally applicable. However, before such territory shall be annexed the question of such annexation shall be first submitted at a special election to the qualified voters and real estate owners of the territory proposed to be annexed and included in the limits of said City or incorporated town at such election, after a majority of the qualified voters and real estate owners in such territory shall vote approval to be included within the limits of said town, then and only then shall such territory be included within the limits of said town. Such special election shall be held by the proper election officers of the City of Rehoboth Beach. Each real estate owner shall be entitled to one vote for each $100 of real estate assessed to him or her on the assessment records in Sussex County. Each qualified voter not being the owner of real estate within said territory shall be entitled to one vote. If such annexation shall not be approved at the first election, a subsequent election may be held under the provisions of this Act provided that no two elections may be held within twelve months of each other.
Nothing in this Act shall be construed to require that the entire above described territory, which is made eligible for annexation, must be annexed to the City of Rehoboth Beach as a whole, or on a single occasion, for the said territory may be subdivided, and elections may be held from time to time, in accordance with the foregoing provisions, on the question of whether or not to annex some portion or portions of the above territory, without including the whole thereof.
STRUCTURE OF THE GOVERNMENT
Section 3--a. The government of the City and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in The Commissioners of Rehoboth Beach. The Commissioners of Rehoboth Beach shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Commissioners shall have the title of Mayor of the City of Rehoboth Beach, with duties hereinafter to be prescribed, and who shall also be President of The Commissioners of Rehoboth Beach. Each of the seven (7) Commissioners of Rehoboth Beach shall be above the age of twenty-one years, a non-delinquent taxable of said City and, at the time of his election and during his term of office, a freeholder of the City. His ceasing to be such freeholder shall, ipso facto, vacate his office. Each of three (3) of the said Commissioners shall also reside outside of the corporate limits of the City of Rehoboth Beach and three of the said Commissioners shall reside within the corporate limits of the City of Rehoboth Beach. The Commissioners with the title of Mayor of the City of Rehoboth Beach shall be a bone fide resident of the City of Rehoboth Beach. If, at any one time, more than three (3) incumbents of the office of Commissioners shall not reside in said City, by reason of one or more of them removing from out of said City, then, in such event, The Commissioner last removing from out of said City shall, ipso facto, vacate his office.
b. No compensation shall be paid to the Commissioners. This shall not be construed to deprive the Mayor of the City of Rehoboth Beach of fees and stipends hereinafter to be provided in certain designated instances nor to deprive the Secretary of the Commissioners of Rehoboth Beach of his right to receive compensation, as such Secretary.
ELECTION IN GENERAL
Section 4--a. The present Commissioners and other officers now serving by this Charter appointed to serve and shall continue to serve as The Commissioners of Rehoboth Beach and officers of the City from and after the passage hereof until their successors are duly elected or appointed. At the annual election held on the second Saturday in August, in accordance with Sections 6 and 7 of this Charter in the odd numbered years, four (4) Commissioners shall be elected; three (3) of whom shall be elected for the term of two years, and one of whom, who shall have the title of Mayor of the City of Rehoboth Beach, with duties hereinafter prescribed, shall be elected for the term of two years until his successor shall have been duly elected and qualified. At the annual election held on the second Saturday of August in the even numbered years, as provided for in Sections 6 and 7 of this Charter, three (3) Commissioners shall be elected.
ELECTIVE OFFICES
Section 5--a. The six offices of Commissioners of Rehoboth Beach mid the one officer of Commissioner of Rehoboth Beach with the title of Mayor of the City of Rehoboth Beach, with duties hereinafter to be prescribed, shall be elective. All other offices shall be appointive and the person or person filling such appointive offices shall be appointed by The Commissioners of Rehoboth Beach in the manner hereinafter to be prescribed. Six offices of Commissioner of Rehoboth Beach shall be for a two year term. The office of Commissioner of Rehoboth Beach with the title of Mayor of the City of Rehoboth Beach shall be for a two year term and in every event that a person shall be nominated to this office, the ballots shall not only specify that he seeks the Office of Commissioner of Rehoboth Beach, but also that he seeks that office with the title of Mayor of the City of Rehoboth Beach, with duties hereinafter to be prescribed.
b. The qualifications for the office of Commissioner of Rehoboth Beach as well as the office of Commissioner of Rehoboth Beach having the title of Mayor of the City of Rehoboth Beach shall be as set forth in Section 3 of this Charter.
c. In the case of a vacancy created in any office of Commissioner of Rehoboth Beach, or in the office of Commissioner of Rehoboth Beach having the title of Mayor of the City of Rehoboth Beach, either by death, resignation, loss of residence in the City of Rehoboth Beach, or other disqualifying event, or otherwise, The Commissioners of Rehoboth Beach shall fill such vacancy for the residue of the whole term.
d. Aside from loss of residence, as in those instances specified in Section 3 of this Charter, if any elective officer be found guilty of any crime or misdemeanor, he shall forthwith be disqualified to act as such officer and he shall, ipso facto, vacate his elective office; which office shall be filled by The Commissioners of Rehoboth Beach as in the case of other vacancies.
NOMINATIONS TO ELECTIVE OFFICES
Section 6--a. The mode of nomination of candidates for elective offices in the City of Rehoboth Beach shall be by petition signed by not less than ten (10) nor more than twenty-five (25) qualified electors of the City, and filed with the Secretary of The Commissioners on or before 12 o'clock noon on the second Saturday preceding the annual municipal election.
b. Whenever a petition nominating a person for the office of Commissioner of Rehoboth Beach, or the office of Commissioner of Rehoboth Beach who shall have the title of Mayor of the City of Rehoboth Beach, shall have been filed as above prescribed, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the office for which he was nominated; provided, he possesses the qualifications of an incumbent of that office as prescribed by this Charter. The Commissioners of Rehoboth Beach shall be judge of his qualifications as prescribed by this Charter and, on the evening of the second Saturday preceding the next regular municipal election, between the hours of 8 and 10 P. M., The Commissioners of Rehoboth Beach shall sit in open meeting to judge the qualifications of candidates so nominated.
. No nominating petition shall designate more than one person to be voted for as a Commissioner of Rehoboth Beach, or as Commissioner of Rehoboth Beach with the title of Mayor of the City of Rehoboth Beach.
a. No qualified elector shall sign the nominating petition of more candidates than there are elective offices to be filled at such regular municipal election. Each qualified elector signing such petition shall also state whether he signed such petition as a freeholder in the City or as a resident of the State of Delaware at least one year and a bona fide resident within the corporate limits of the City for three months immediately preceding such election.
b. There must be attached to each nominating petition an affidavit of the circulator thereof stating: the number of signers; that each signature appended thereto was made in his presence; that each signature is the genuine signature of the person whose name it purports to be; and that all of said signers are entitled to vote at the regular municipal election referred to.
The form of the nominating petition shall be substantially as follows:
We, the undersigned, electors of the City of Rehoboth Beach, hereby nominate ________ for the office of ______ to be voted for at the regular municipal election to be held in said City, on the ______ day of ________ in the year _________; and we individually certify that we are qualified to vote for a candidate for the office named, and that we have truly designated the capacity in which we have signed this petition as such qualified voter.
Name Freeholder Resident of Delaware and Rehoboth
(space for signatures)
State of Delaware:
SS
Sussex County:
_____________________ being duly sworn (or affirmed) deposes and says that he is the circulator of the foregoing petition paper containing _______________ signatures and that the signatures appended thereto were made in his presence and are the signatures of the persons whose names they purport to be, and that he verily believes the status of each signer thereof to be truly stated and that all of said signers are entitled to vote at the said regular municipal election referred to in said paper.
________________
Circulator
SUBSCRIBED AND SWORN TO (or affirmed) before me this ___________ day of, A. D. ___________
_______________________
Notary Public
MANNER OF HOLDING ELECTIONS
Section 7--a. Annual municipal elections shall be held on the second Saturday in the month of August from 1 o'clock P. M. until 6 o'clock P. M. (EDST) at such public place or places as shall be determined by The Commissioners, due notices of which shall be given by posting notices thereof in five of the most public places within the corporate limits of the City of Rehoboth Beach not less than ten days before the day of such annual election- Provided, however, that in the event that there is no contest for any of the several offices up for election in any year, the polls shall not remain open after 2 P. M.
b. The Commissioners shall cause to be printed ballots, at least as many in number as the number of qualified electors in said City entitled to vote at such election, which shall contain the names of all persons nominated in accordance with the provisions of Section 6 of this Charter and under proper headings designating the offices for which nominated. Such ballot shall be delivered to the persons appointed, or selected at the opening of the polls, to hold the election and every elector calling for a ballot shall receive one from the persons holding the election. Electors may also prepare for themselves ballots, either printed or written: provided, that such ballots do not contain a name or names other than those nominated as aforesaid.
c. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) Inspector of the Election and two (2) Judges of the Election. The Judges and Inspector constituting the Election Board shall be qualified voters of the City and shall be appointed for that purpose by The Commissioners at least two (2) weeks before such election. If, at the opening of the polls, there shall not be present the three (3) members of the Election Board, or any one of them, then in such case the persons qualified to vote at such election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to so act as a member or members of the Election Board. Members of the Election Board shall be Judges of the Election and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting. The Election Board shall have the power to subpoena persons, and officers of the City and books, records and papers relative to the determination of the validity of any vote or votes offered.
d. At any such election every person, male or female, above the age of twenty-one years, who shall have been a freeholder in the City of Rehoboth Beach for a period of three months immediately preceding such election, against whose property or properties there shall be no due and unpaid taxes, assessments or other charges due the City which may have been
levied, assessed or charged against such property or properties during the fiscal year ending on June 30th preceding such election, whether a resident of the State of Delaware, or the City of Rehoboth Beach, or not shall have one vote and also every person, male or female, above the age of twenty-one years, who shall have been a resident of the State of Delaware at least one year and a bona fide resident within the corporate limits of the City of Rehoboth Beach for at least three months immediately preceding such election, shall have one vote, if all City taxes, assessments and charges levied against such person during the fiscal year ending on June 30th preceding such election shall have .been paid at the time of said election. All votes shall be offered in person. No voter shall vote for more candidates than there are offices to be filled at the election, and in voting shall mark an "X" in the box opposite the name of each candidates for whom the voter desires to cast his or her vote.
e. If a majority of the Election Board shall not be satisfied that any person offering to vote at the election possesses the qualifications of a City Elector as prescribed by this Charter, they shall receive the ballot but shall not count it, and shall return it in a separate package to the Commissioners with the name of the person presenting the ballot.
f. Upon the close of the election, the votes shall be read and counted publicly and the person having the highest number of votes for each office shall be declared, by the Election Board, to be duly elected, and such person shall continue in office during the terms for which they were chosen, or until their successors are duly elected or appointed and qualified.
g. In the event of a tie vote for any office, the Election Board shall determine the tie by lot.
h. All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for the period of ten days, save and excepting those ballots offered by persons who shall not have satisfied a majority of the Election Board that he or she or they possessed the qualifications of a City elector as prescribed by this Charter.
i. The Election Board shall enter in a book, to be provided for that purpose, a minute of the election, containing the names of the persons chosen. They shall subscribe the same and shall give to the persons elected certificates of their election. The book, containing such matters, shall be preserved by The Commissioners and shall be evidence in any Court of Law and Equity.
ANNUAL ORGANIZATION MEETING
OF COMMISSIONERS
Section 8--a. The Commissioners of Rehoboth Beach, at noon, on the second Saturday in September next succeeding the annual election, in each and every year, shall meet for the purpose of organization at the usual place for holding meetings of The Commissioners of Rehoboth Beach. The newly elected officers shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity; which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace or by a holding-over member of The Commissioners. The newly elected Commissioner with the title of Mayor of the City of Rehoboth Beach shall assume the chair of the office of Mayor of the City of Rehoboth Beach. The Commissioners shall likewise select a Secretary from their own number to serve until the first annual organization meeting after the next succeeding election. They shall also choose an Assistant Secretary to serve as aforesaid, who may or may not be from among their own number.
b. The Commissioners at such annual organization meeting shall also appoint, by a majority vote, a City Manager, Treasurer, Auditors, Board of Health, Town Solicitor, Board of Assessment, Police Chief, and such other officers, employees and agents of the City which it may deem proper and necessary for the proper conduct and management of the City.
c. The Commissioners shall by ordinance fix the salaries and compensation of the employees, officers and agents of the City, and the time and manner of his or her, or their payment; Provided, that the salary or compensation of any such employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a designated term. No officer, employee or agent of the City shall in any form have, take, or receive from the City any compensation, in any form, in addition to the salary or compensation fixed by The Commissioners.
d. The Commissioners shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the City, containing the names of such officers, employees and agents, the dates of their employment, the salary and compensation to be by them received and the date of the termination of their services. In the event that they shall hold their office for an indefinite term, the record shall so state.
REGULAR AND SPECIAL MEETING
Section 9--a. The Board of Commissioners shall hold one meeting in each month on the second Friday of the month.
Special meetings shall be called by the Secretary upon the written request of the Mayor of the City of Rehoboth Beach, or upon the written request of any two members of The Commissioners, stating the day, hour and place of the special meeting request, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the President and to each member of The Commissioners 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 City of Rehoboth Beach 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 City of Rehoboth Beach and all other members of The Commissioners 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.
b. In the event of the absence of the Secretary and Assistant Secretary at such time as any such special meeting should be called, the Mayor of the City of Rehoboth Beach or any two (2) members of The Commissioners shall have full authority to issue such call and, in such event, a notice signed by the Mayor of the City of Rehoboth Beach or any two (2) members shall be as effective as though issued by the Secretary or Assistant Secretary.
c. The Commissioners of Rehoboth Beach shall have the same power and authority to enact all ordinances, adopt all resolutions, pass all motions, make all orders and transact all business at such special meeting, called as aforesaid, as The Commissioners have at regular monthly meetings.
d. All meetings shall be held in some public room in the City of Rehoboth Beach and shall be open at all times to the lawful voters of the City excepting during such time or times as The Commissioners shall deem it advisable to discuss any matter in executive session; provided, however, that no vote or ballot shall be taken by The Commissioners of Rehoboth Beach upon any question or matter coming before it except in open, public session and any vote or ballot taken by The Commissioners upon any matter or subject while in executive session shall be absolutely null and void.
QUORUM
Section 10--a. A majority of the members elected to The Commissioners of Rehoboth Beach shall constitute a quorum; 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 adopted by a majority of the entire Commissioners.
RULES AND MINUTES OF THE COMMISSIONERS
Section 11. The Commissioners shall determine its rules and order of business and shall keep a journal of its proceedings and the yeas and nays shall be taken upon the passing of every ordinance and resolution and shall be entered in the journal with the text of the ordinance or resolution.
CONTRACTS WITH MEMBERS
Section 12. It shall be unlawful for the said The Commissioners of Rehoboth Beach to make or enter into any contract for materials, supplies, work or labor for the use and benefit of the City of Rehoboth Beach with any member of The Commissioners or with any partnership in which any member of The Commissioners is a partner, or with any corporation in which any member of The Commissioners is a director or stockholder, or with any firm or company in which any member of The Commissioners is pecuniarily interested, except with the unanimous consent of the entire Commissioners. Such contracts shall be absolutely null and void without such unanimous consent.
DUTIES AND POWERS OF THE MAYOR
Section 13--a. The Mayor of the City of Rehoboth Beach shall be sworn or affirmed to perform the duties of his office with fidelity.
b. He shall be the chief executive of the City. He shall preside at meetings of The Commissioners. He shall receive all communications and complaints and present the same to The Commissioners. He shall sign all deeds necessary and contracts made by The Commissioners and shall countersign all checks and warrants authorized by The Commissioners and drawn on the Treasurer for the payment of money. He shall be a member, ex-officio, of all committees, and shall perform such other duties as may be prescribed by ordinance, or by the by-laws adopted by the said The Commissioners, and shall have all and every power conferred, and perform the duties imposed upon him by this Charter or the ordinances of the City.
c. In the performance of his duties as Mayor of the City of Rehoboth Beach, he shall be known and designated as Mayor of the City of Rehoboth Beach and in executing any deed, lease, contract, warrant on the Treasurer, or other papers and instruments in writing necessary for him, as such Mayor of the City of Rehoboth Beach, to sign, he shall sign and execute the same as Mayor of the City of Rehoboth Beach.
d. As a Commissioner of Rehoboth Beach and as Mayor of the City of Rehoboth Beach, he shall have the same right as other Commissioners to vote on all matters and may at any time appoint another Commissioner to preside if he desired to make a motion, move the adoption of a resolution, second either, or debate any question from the floor and may thereafter immediately resume his duties as presiding officer.
e. In addition to his powers and duties as Mayor of the City of Rehoboth Beach, he shall, as Mayor of the City of Rehoboth Beach, have all powers of a Justice of the Peace within said City and shall have jurisdiction and cognizance on all breaches of the peace and other offenses committed within the limits of the City as far as arrest and hold to bail and fine and imprisonment offenders. He shall have jurisdiction and cognizance of all fines and penalties prescribed by this Charter, ordinances enacted hereunder, or any law of the State of Delaware; of all neglects, omissions or defaults of any member of the Police Force or other Town Officer, agent or employee; provided, that he shall impose no fine and penalty in excess of that fixed by the ordinance; which, in any event, shall not exceed a fine of $500.00, or such sum as may hereafter be made the maximum fine under the State Motor Vehicle Code, and shall not commit to prison for a longer term than thirty days; provided, however, that in motor vehicle violations the fines and penalties imposed under the ordinances of the City of Rehoboth Beach shall be the same as those provided by the Laws of Delaware for the same offense. The jails of Sussex County may be used for imprisonment under the provisions of this Charter; provided, that The Commissioners shall pay for the board of persons committed for breaches of ordinances, which are not breaches of the General Law.
f. As Mayor of the City of Rehoboth Beach, he shall also have jurisdiction in suits of civil nature for the collection of taxes and assessments, 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 City under the provisions of this Charter. 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 Sussex County, except as herein otherwise provided; and his fee shall be the same as those of a Justice of the Peace for like services. For any service or duty in which no fee is provided by law, such fee shall be established by ordinance.
g. Upon the expiration of this term of office or upon resignation or removal from office, he shall forthwith turn over all records, books, papers, documents and other things belonging to or appertaining to his office of Mayor of the City of Rehoboth Beach. He shall also pay over to the Treasurer all monies in his hands belonging to the City. Upon neglect of failure to make such delivery or payment for the space of five (5) days, he shall be deemed guilty of a misdemeanor and, upon conviction in the Court of General Sessions of the State of Delaware, shall be fined not more than $500.00, or imprisoned for not more than one year, or shall suffer both fine and imprisonment at the discretion of the Court.
h. As Mayor of the City of Rehoboth Beach, he shall, at every regular monthly meeting of The Commissioners, report in writing all fines imposed by him and all fines and penalties and other money received by him for the preceding month belonging to the City. He shall pay all such monies to the Treasurer within ten (10) days after making report thereof to The Commissioner and failure to make report thereof to The Commissioners, or for failure to make payment to the Treasurer for the space of ten (10) days, he shall be deemed guilty of a misdemeanor and shall be punished upon conviction as hereinbefore provided.
. As Mayor of the City of Rehoboth Beach, he 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.
THE SECRETARY
Section 14--a. The Secretary shall have charge and custody of the books, journal, records, papers and other effects of the City and shall keep the same in a safe and secure place. He shall keep a full and complete record of all the transactions of The Commissioners of Rehoboth Beach. He shall be ex-officio, a member of all committees and shall keep a record of the transactions and proceedings of the same, together with such other duties as may be prescribed by this Charter or by ordinance or rule of The Commissioners of Rehoboth Beach. He shall file and keep in a safe place the seal of The Commissioners of Rehoboth Beach and all papers and documents arising out of the proceedings of The Commissioners of Rehoboth Beach and relative to the affairs of the City. He shall deliver the same to his successor in office. He shall attest the seal of The Commissioners of Rehoboth Beach when authorized by The Commissioners and shall perform such duties and have such other powers as may be prescribed by ordinance.
b. All books, records and journals of the corporation in the custody of the Secretary may, in the presence of the Mayor, Secretary, Assistant Secretary, or any member of the Commissioners of Rehoboth Beach be inspected by any freeholder of the City desiring legitimate information at any time, or times, as may be convenient.
c. All records, books, papers and documents in the custody of the Secretary shall at all times be open for the inspection of members of The Commissioners of Rehoboth Beach.
d. The compensation of the Secretary for his duties, as such, shall be determined by The Commissioners.
ASSISTANT SECRETARY
Section 15. 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 ordinance of The Commissioners of Rehoboth Beach.
THE TREASURER
Section 16--a. A Treasurer of the City of Rehoboth Beach shall be appointed by The Commissioners of Rehoboth Beach at their annual meeting hereinbefore provided. He shall hold his office for the term of one year from the date of his appointment at such annual meeting or if he be appointed to fulfill an unexpired term, his appointment shall expire one year from the date of the annual meeting immediately preceding his appointment.
b. The Treasurer of the City of Rehoboth Beach shall be a substantial freeholder of Lewes and Rehoboth Hundred. The Treasurer of the City of Rehoboth Beach shall be either a person resident in said Town or a corporation doing business therein.
c. The compensation to be received by the Treasurer of Rehoboth Beach shall be fixed by The Commissioners of Rehoboth Beach.
d. The Treasurer shall file with The Commissioners of Rehoboth Beach, a Bond with corporate surety, approved by The Commissioners in the sum of not less than $5,000.00 to be paid for by The Commissioners. The Bond shall be conditioned upon the faithful performance of his duties of his office and the restoration to The Commissioners of Rehoboth Beach in the case of his death, resignation or removal from office of all books, papers, vouchers and other property of whatever kind in his possession belonging to The Commissioners of Rehoboth Beach.
e. The Treasurer shall be the custodian of all the funds of the City. He shall deposit them in banking institutions prescribed by The Commissioners.
f. All sums paid on account of assessments for the sewer system and sewage treatment plant authorized by Chapter 119, Volume 38, Laws of Delaware, shall be by him deposited within forty-eight hours of their receipt, in some banking institution authorized by The Commissioners as a "Sinking Fund for Sewers" and shall be by him kept entirely separate and distinct from any other funds handled by said Treasurer. All such amounts thus received shall form a sinking fund and shall only be paid out for the indebtedness incurred for building said sewers and sewage treatment plant authorized by the aforesaid Act, for paying the interest thereon as it becomes due, and for retiring the Bonds in accordance with the provisions of the aforesaid Act.
g. The Treasurer shall pay out no money except upon check or warrant countersigned by the Mayor of the City of Rehoboth Beach and authorized by The Commissioners of Rehoboth Beach.
h. He shall keep a true, and accurate and detailed account of all monies received and of all monies paid out by him. He shall preserve all vouchers for monies paid out by him and his books and accounts shall, at all times, be open to inspection by The Commissioners. He shall make such reports and at such times as The Commissioners shall direct.
. He shall prepare, in conjunction with the Secretary and the City Manager an annual report of the financial condition of the City, showing receipts and expenditures and submit the same to the Board of Commissioners, which said report shall be open to inspection to any freeholder of the City. He shall take his affidavit to his belief in the truth and correctness of such annual report and, at the end of the fiscal year, shall publish the same in one issue of a newspaper published in said City.
a. The Treasurer shall perform such other duties as The Commissioners of Rehoboth Beach may from time to time prescribe or require.
CITY MANAGER
Section 17--a. The Commissioners of Rehoboth Beach shall appoint a City Manager who shall be Chief Administrative Officer of the City.
b. He shall not, when originally appointed, be a resident of the City of Rehoboth Beach. His qualifications for that office shall meet the approval of The Commissioners of Rehoboth Beach; provided, however, that he shall at least have a degree in engineering from an approved college or university, or shall have served as City Manager of some other municipality for a period not less than four (4) years, or shall have had practical engineering experience for a period of not less than four (4) years. No member of The Commissioners of Rehoboth Beach shall, during the time for which elected, be chosen as City Manager.
c. The City Manager shall be appointed for an indefinite term but shall be removable at the pleasure of The Commissioners of Rehoboth Beach. Before the Manager may be removed, he shall, if he so demands, be given a written statement of the reasons alleged for his removal and the right to be heard publicly thereon at a meeting of The Commissioners prior to the final vote on the question of his removal. Pending and during such hearing The Commissioners may suspend him from office. The action of The Commissioners in suspending or removing the Manager shall be final. For it is the intention of this Charter to vest all authority in and fix all responsibility on The Commissioners for such suspension or removal.
d. In case of the absence or disability of the Manager, the Commissioners may designate some qualified person to perform the duties of such office during his absence or disability. The compensation which the Manager shall receive for the performance of his duties shall be fixed by The Commissioners of Rehoboth Beach.
e. The City Manager shall be responsible to The Commissioners for the proper administration of all the affairs of the City placed in his charge, and, to that end, except as otherwise provided herein, he shall have the power to appoint and remove all employees in the administrative affairs of the City under his charge; provided, however, that in no event shall the Police Force or employees under that Department or any of the employees in that Department be under the administrative control or answerable to the Manager. All appointments made by the Manager shall be without definite term. All such employees appointed by the Manager, or by his authorization, may be removed by him at any time. 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 City, competent to perform the work required by the Manager, can be found, such resident or residents shall be given first choice. The Manager shall be the sole judge of the competence or incompetence of any such person. The decision of the Manager as to the removal of any employee or employees appointed by him shall be final and there shall be no appeal therefrom to any other officer, body, or Court whatsoever.
f. It is the intention of this Charter that, in the performance of his duties and in the exercise of his powers, the City Manager shall not be influenced by any matters whatsoever of a political or factional nature. It is the intention of this Charter that the City Manager shall be guided solely by matters of expediency and efficiency in the administration of the affairs of the City placed in his charge. To that end, neither The Commissioners nor any of its committees or members shall direct or request that appointment of any person to, or his removal from, any office by the City Manager or any of his subordinates, nor, in any manner, take part in the appointment or removal of the employees in the administrative service of the affairs of the City under the charge of the Manager. Except for purposes of inquiry, The Commissioners and its members shall deal with that portion of the administrative service for which the Manager is responsible solely through the Manager, and neither The Commissioners, nor any member thereof, shall give orders to any subordinate of the City under the City Manager either publicly or privately.
g. It shall be the duty of the City Manager to supervise the administration of the affairs of the City under his charge. He shall make such recommendations to The Commissioners concerning the affairs of the City as may seem to him desirable. He shall keep the Commissioners advised of the financial conditions and future needs of the City. He shall prepare and submit to The Commissioners the annual budget estimate. He shall render to The Commissioners, at their monthly meeting of each and every month, a true, accurate and detailed account of all monies collected or by him received in the performance of his duties, and shall promptly turn over the same to the Treasurer of Rehoboth Beach.
h. In conjunction with the Mayor of the City of Rehoboth Beach, he shall sign warrants on the Treasurer of the City pursuant to appropriations or resolutions theretofore made by The Commissioners. He shall prepare and submit to The Commissioners such reports as may be required by that body. He shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of The Commissioners.
. The City Manager and such other officers of the City as may be designated by vote of The Commissioners shall be entitled to seats in the meetings of The Commissioners but shall have no vote therein.
j. The City Manager shall have charge of the light, water, sewer, gas, or other public utility system or plant or plants of the City. He shall have charge of the supervision of street, gutters, curbs, sidewalks, boardwalk, jetties, piers, parks and other administrative affairs of the City and of all work relating thereto. He shall have charge of and shall collect all taxes, assessments, rentals, license fees, or other charges due the City. He shall have charge of the administration of all provisions of this Charter and ordinances and resolutions of The Commissioners relating to the affairs of the City, when not otherwise provided for by this Charter, or by any ordinance or resolution of The Commissioners. He shall pay over to the City Treasurer, at least monthly, as hereinbefore provided, and oftener if required by The Commissioners, all monies received or collected by him and by any employee under him.
k. He shall keep a full and strict account of all monies received and all disbursements by him and such account shall, at all times, be open to inspection by The Commissioners.
1. He shall give The Commissioners of Rehoboth Beach a Bond, if required by that body, in such sum and in form and with security satisfactory to that body for the faithful performance of the duties of his office and the restoration to The Commissioners of Rehoboth Beach, in case of his death, resignation or removal from office, of all books, papers, vouchers, money and other property of whatever kind in his possession belonging to the City.
m. In the event of a vacancy in the office of City Manager for any reason or reasons whatsoever, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.
AUDITORS
Section 18-a. Three auditors of Accounts, who may or may not be residents but who shall be substantial free holders of the City, shall be appointed by The Commissioners at each annual meeting hereinbefore provided to serve for the term of one year or until their successors shall have been duly appointed and qualified.
b. It shall be their duty to audit the accounts of the City and all of its officers whose duty involves the collection, custody and payment of monies to the City. They shall audit the books of the Mayor of the City of Rehoboth Beach, and the records of all fines, penalties and costs imposed or collected by him pursuant to any judgment, order, or decree made. The auditors on or before the fifteenth day of September, annually, next following their appointment, shall make and deliver a detailed report of every and all accounts, records, and books by them examined and audited, which report under their hands and seals shall be printed in a newspaper published in the City in the issue immediately succeeding their annual report. The Auditors, in the performance of their duties, shall have access to all records of The Commissioners, and of all records and accounts of the officers of The Commissioners and they are authorized and empowered to employ such clerks and accountants as in their judgment may be necessary in the proper performance of their duties.
TOWN SOLICITOR
Section 19. At the annual meeting hereinbefore provided, The Commissioners shall select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of The Commissioners of Rehoboth Beach either with or without due cause stated. 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 duty to give legal advice to The Commissioners and other officers of the City and to perform other legal services as may be required of him by The Commissioners.
BOARD OF HEALTH
Section 20-a. The Board of Health shall consist of four members, one of whom shall be a practicing physician with offices in the City. The Board shall be appointed by The Commissioners at their annual meeting 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 City. It shall report to The Commissioners, in writing, whatever is deemed by the Board to be injurious to the health of the people of the City and, shall make recommendations to The Commissioners 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 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 Commissioners 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 Commissioners, but he shall be a resident of the City.
c. The power to adopt ordinance relating to the health of the population of the City, or to prevent the introduction or spread of infections or contagious diseases or nuisances affecting the same, shall extend to area outside of the City within one mile from said limits.
POLICE FORCE
Section 21-a. It shall be the duty of The Commissioners to appoint a Police Force, consisting of a Chief of Police and such members or subordinates as The Commissioners may deem wise. The Commissioners shall, from time to time, make rules and regulations as may be necessary for the organization, government and control of the Police Force. The members of the Police Force shall be subject to the direction of the Commissioners and may be removed by The Commissioners at any time. They shall preserve peace and order, and shall compel obedience within the City limits to the ordinances of the City and the Laws of the State of Delaware. They shall have such other duties as The Commissioners shall, from time to time, prescribe.
b. Each member of the Police Force shall be vested, within the City limits and within one mile outside of said limits 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 by the Mayor of the City of Rehoboth shall be delivered by a member of the Police Force to the County Jail of Sussex County, or to the lock-up of the City, to be there imprisoned for the term of the sentence.
d. In the case of any arrest at a time when the Mayor of the City of Rehoboth Beach shall not be available to hear and determine the charge, the person arrested may be taken before a Justice of the Peace with offices in the City who shall hear and determine the charge and who, in such case, is hereby vested with all the authority and powers granted by this Charter unto the Mayor of the City of Rehoboth Beach. In case of an arrest at the time when the Mayor of the City of Rehoboth Beach, or the Justice of the Peace with offices in the City, shall not be available to hear and determine the charge, the person arrested may be delivered to the County Jail, or to the City lock-up for imprisonment until such reasonable time thereafter as shall enable the Mayor of the City of Rehoboth Beach, or the Justice of the Peace, to hear and determine the charge against such person.
e. It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblages of persons in the street of the City, or the noisy conduct of any person in the same, and upon view of the above, or upon view of the violation of any ordinance of the City 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 Mayor of the City of the City of Rehoboth Beach for hearing thereon.
f. It shall be the duty of The Commissioners to appoint a Rehoboth Beach Beach Patrol composed of one Chief Beach Patrolman and such other members or subordinates as The Commissioners may deem wise. They shall be appointed for such term or terms as The Commissioners shall designate, but may be removed during the course of said appointment by The Commissioners either with or without cause.
g. The Commissioners shall have the power to establish rules and regulations concerning the qualifications of members of the Beach Patrol; provided, however, they shall at least be able to pass a test substantially equal to the test required of a Senior Lifesaver of the American Red Cross.
h. The Commissioners shall likewise have the power to establish rules and regulations respecting the personal conduct of members of the Beach Patrol during the course of their appointment; any infraction of which shall, ipso facto, render nugatory their appointment.
i. The compensation to be received by the Rehoboth Beach Beach Patrol shall be fixed by The Commissioners. They shall be under direct control of The Commissioners; provided, that in cases of emergency they may be called upon by the Chief of the Police Force to assist the members of the Police Force in the performance of their duties. In such cases, they shall be vested with all the authorities of a member of the Police Force.
j. They shall be in direct charge of the preservation of human life along the beach front of the City. They shall restrain and suppress the careless, dangerous or wanton conduct of bathers and swimmers along the beach front of the City. They shall restrain and suppress unseemly conduct, and the wearing of unseemly apparel by those enjoying the advantages of the beach front of the City as those terms are defined by The Commissioners. They shall enforce regulatory measures ordained by The Commissioners in respect to the cleanliness, uses, and enjoyments of the beach front of the City and shall have such other duties as The Commissioners shall, from time to time prescribe.
k. In performance of their duties, they shall be vested with all the powers and Authorities of a member of the Police Force of the City.
BOARD OF ASSESSMENT
Section 22-a. At the annual organization meeting of The Commissioners of Rehoboth Beach, held on the second Saturday in September next succeeding the annual election, in each and every year, it shall be the duty of The Commissioners to appoint a Board of Assessment. The Board of Assessment shall consist of three members, all of whom shall be over the age of twenty-one years, bona fide residents of the City of Rehoboth Beach, and substantial freeholders of the City.
b. On good behavior, the term of office for each member of the Board of Assessment shall be one year and shall expire on the second Saturday in September on the year succeeding their said appointment.
c. They shall be sworn or affirmed by the Mayor of the City of Rehoboth Beach, or by a Justice of the Peace, to perform their duties with fidelity and without favor. It shall be their duty to make a fair and impartial assessment of property and persons subject to taxation situated within the City and to perform such other duties in reference thereto as shall be prescribed, from time to time, by The Commissioners of Rehoboth Beach.
d. The Compensation to be by them received for the performance of their duties and the hiring of employees to assist them in the performance of their duties shall be fixed by and subject to the approval of The Commissioners of Rehoboth Beach.
e. From and after the passage of this Charter until such time as the next annual organization meeting shall have been held, the members of the present Board of Assessment are hereby appointed to and shall constitute said Board of Assessment, at which time their terms and the term of each of them shall expire and their successors shall be appointed.
ASSESSMENT OF TAXES
Section 23-a. The Board of Assessment shall, prior to the first Monday in May, make a just, true and impartial annual valuation or assessment of all real estate within the City of Rehoboth Beach. 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 shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners, or a wrong name, 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 Offices of the Recorder of Deeds of Sussex County at Georgetown, Delaware.
b. The Board of Assessment shall also make a personal assessment of all the male and female citizens of the City above the age of twenty-one years. They shall also make a personal assessment against all person or persons residing within the limits of the City whether he be an owner of said real estate or not; said personal assessment shall be determined by The Commissioners and certified to the Board of Assessment. 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 them.
c. The Board of Assessment, after making such annual assessment, shall, on the first Monday of May, aforesaid, deliver to The Commissioners of Rehoboth Beach a list containing the names of all persons assessed and the amount of the assessment against each. They shall also deliver at such time as many copies of said list as The Commissioners 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 Board shall make its valuation accordingly.
e. The real property of the several members of the Board of Assessment shall be assessed by The Commissioners of Rehoboth Beach.
f. Immediately upon receiving the annual assessment list from the Board of Assessment, The Commissioners of Rehoboth Beach 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 City of Rehoboth Beach, 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 City 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 notices, between the hours of one o'clock P. M. and five o'clock P. M., The Commissioners of Rehoboth Beach will hold a Court of Appeals; at which time, and place they shall hear appeals from the said annual assessment. The decision of The Commissioners, sitting as a Court of Appeals, shall be final and conclusive and the said Commissioners shall revise and complete said assessment at this sitting. No Commissioner shall sit upon his own appeal but the same shall be heard and determined by the other Commissioners.
g. All the members of the Board of Assessment shall be present on the day fixed for hearing appeals and shall furnish to The Commissioners such information and answer such questions as The Commissioners may require in respect to any assessment from which an appeal has been taken. The Commissioners shall have authority to enforce their attendance by appropriate process.
LEVY OF ANNUAL TAXES
Section 24-a. At the first regular meeting in July, after having revised and completed the assessment, The Commissioners shall determine, to their best judgment and knowledge, the total amount necessary to be raised by the City to meet all fixed and anticipated expenses and obligations of the City, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the City Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.
b. They shall then proceed to determine, in their sole discretion, from which sources of the authorized revenues of the City the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.
They shall then proceed to determine, assess, fix and/or levy
a. the rate of tax on real estate 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, erections, wires and appliances more particularly mentioned, or intended so to be in sub-Section 29 (33) of this Charter, as amended; and/or
d. 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 sub-Section 29 (33) of this Charter, as amended; and/or
e. the several rates to be changed for furnishing water service, sewer service, electric service, gas service, and/or the like by the City; and/or
. 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 f, 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 Commissioners as they in their own proper discretion shall determine.
c. Immediately after the first regular meeting in July of each and every year, The Commissioners 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, abovementioned. This List shall be known as the annual tax list of the City of Rehoboth Beach. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate per $100 of assessed value thereof.
d. The Commissioners shall cause to be delivered to the City Manager a duplicate of said annual tax list, and the City Manager shall immediately proceed to collect the same as hereinafter provided.
e. Nothing contained in this Charter shall be construed Lo effect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed, or due the City of Rehoboth Beach under existing laws in reference to said City and the same are hereby declared to be valid, binding and vested in the City of Rehoboth Beach created hereby.
COLLECTION OF ANNUAL TAXES
Section 25--a. The City Manager, as soon as The Commissioners 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 laid or imposed by The Commissioners of Rehoboth Beach 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 shall have been levied and imposed, that is situated in the City of Rehoboth Beach. Such lien shall have preference and priority to all other such liens on real estate 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 City taxes shall remain a lien for a period of two years from the date upon which The Commissioners shall deliver unto the City Manager the tax list therefor. But 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, when and as collected by the City Manager shall be paid to the Treasurer of Rehoboth, and all taxes shall be due and payable at and from the time of the delivery of the tax list to the City Manager.
d. The City Manager shall, by public notice, posted in at least five (5) of the most public places in said City designate some place in the City of Rehoboth Beach where he will sit at least one day in each week during the months of July and August, in each year, for the purpose of receiving taxes.
e. In the collection of said taxes, the said City Manager shall deduct five (5%) per centum from the amount of taxes assessed against the real property of any person who pays said tax on or before the first day of September next succeeding the delivery of the duplicate annual tax list to the City Manager. He shall likewise deduct four (4%) per centum from the amount of the tax assessed against the real property of any person who pays such tax on the first day of October next succeeding the delivery of the duplicate annual tax list to the City Manager. On all taxes paid after the first day of October and before the first day of January next succeeding the delivery of the duplicate annual tax list to the City Manager, there shall be no deduction or abatement. On all taxes paid after the first day of January next succeeding the delivery of the annual duplicate tax list to the City Manager, there shall be added an amount equal to one (1%) per centum 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 City Manager, the City Manager shall make full, final and complete settlement with the Treasurer and Commissioners. The settlement shall take place on that day in the room in which The Commissioners hold their meetings. At such settlement, The Commissioners shall allow to the City Manager all taxes which shall have been impossible to collect by reason of errors in the assessment list, delinquencies or otherwise. No allowances shall be made for the default of neglect or delay of the City Manager. The settlement shall be final and conclusive and no other allowances, in any form, shall be made to the City Manager by The Commissioner. Upon the conclusion of the settlement, the City Manager shall forthwith pay over to the Treasurer of the City the aggregate amount of the taxes found to be due the City. Upon his failure or neglect to do so, it shall be the duty of The Commissioners to proceed to collect the same from the City Manager and/or his surety. Default by the City Manager to the City in any sum, shall, ipso facto, vacate his office; provided, however, that The Commissioners, for good cause shown, shall have the power to extend the time for settlement by the City Manager for a period of not exceeding six months.
g. If the City Manager shall be unable, within one year of the date of the delivery of the duplicate annual tax list to him, to collect the tax of any taxable, he is authorized and empowered, having first paid the amount thereof to the Treasurer of Rehoboth, to collect such tax from such taxable for his own use and benefit by any of the processes of law herein prescribed, within the space of one further year; the said further year to commence upon the day above specified as the day of settlement between him and the Commissioners of Rehoboth Beach. After such additional year has elapsed, the said tax shall be extinguished unless the lien of the same shall not have been extinguished.
SCRAP ASSESSMENT FOR SEWERS
Section 26--a. All things done, or actions taken, or all assessments levied in accordance with and under and by virtue of the powers vested in The Commissioners of Rehoboth Beach in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware, are hereby declared to remain in full force and virtue and nothing contained in this Charter shall be construed to affect, in any way, the validity thereof.
b. From and after the passage of this Charter and at such time as a City Manager shall have been appointed by The Commissioners of Rehoboth Beach and shall have qualified to perform the duties of that office, the City Manager shall have general administrative supervision and control of the said sewer system and sewage treatment plant as constructed in the City. Likewise, at such time, he shall assume the duties imposed by Chapter 119, of Volume 38, Laws of Delaware, upon the Treasurer of the City of Rehoboth Beach in respect to the collection of all assessments that shall remain due and unpaid. He shall also have all the powers granted by that Chapter unto the Treasurer of the Town of Rehoboth Beach in respect thereto and all acts and things done by him by virtue hereof shall be as valid and as binding as though done by the Treasurer. The provisions of this Section of the Charter shall not, in any way, be considered to impair the validity of any act or thing done by the Treasurer of the City of Rehoboth Beach in respect thereto prior to the date that the City Manager shall undertake the performance thereof. The City Manager shall proceed to collect said special assessment for sewers in the manner provided by the aforesaid Chapter 119, Volume 38, Laws of Delaware, and shall have all powers in respect to the collection thereof as are hereinafter granted unto him in respect to the collection of any other taxes or charges due the City.
c. All sums paid to the City Manager on account of such assessment shall be by him paid to the Treasurer of the Commissioners of Rehoboth Beach within forty-eight hours of their receipt. The Treasurer upon the receipt thereof, from the City Manager, shall deposit the same within forty-eight hours in some banking institution in Sussex County or elsewhere in Delaware as a "Sinking Fund for Sewers", which shall be kept entirely separate and distinct from any other funds handled by the Treasurer. All such amounts thus received shall form a "Sinking Fund", and shall only be paid out for the purpose of indebtedness incurred for building such sewers and sewage treatment plant thereby authorized, for the payment of interest thereon as it becomes due, and for retiring the Bonds in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware.
d. So long as any "Rehoboth Sewer Bonds" or the interest thereon, as provided for in Section 23 of Chapter 119, Volume 38, Laws of Delaware, remains outstanding, due and unpaid and so long as sufficient funds be not available in the "Sinking Fund for Sewers" to pay off such outstanding, due and unpaid Bonds and interest thereon, the City Manager shall, at the end of each and every calendar year, cause a survey to be made of all properties now assessable and taxable within the corporate limits of the City of Rehoboth Beach.
e. From such survey the City Manager shall determine:
(1) The entire area of the floors including the floor of the cellar or basement of all new buildings to be drained, constructed during any such calendar year upon any property or properties theretofore assessed upon the sole basis of the lineal feet thereof abutting on any street or streets, highway or highways, lane or lanes, alley or alleys, in which sewers have been constructed under the provisions of Chapter 119, Volume 38, Laws of Delaware.
(2) The increased area of the floors including the floor of the cellar or basement of building or buildings to be drained; which increased area was created by virtue of repairs and additions made during any such calendar year to such building or buildings theretofore constructed upon any property in the Town of Rehoboth and assessed in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware, and the rules and regulations of The Commissioners of Rehoboth Beach adopted in pursuance thereof.
(3) The increased area of the floors, including the floor of the cellar or basement of all new buildings to be drained, constructed during any such calendar year, over and above the entire area of the floors including the area of the cellar or basement of any old buildings razed or removed by the owner or owners theretofore to make way for such new building or buildings; provided, such old building or buildings so razed or removed shall have been assessed in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware, and the rules and regulations of The Commissioners adopted in pursuance thereof.
(4) The entire area of the floors including the floor of the cellar or basement of all buildings theretofore determined to be non-assessable by The Commissioners by virtue of their use, or otherwise, which shall, by virtue of a change in the use thereof, or otherwise, in the judgment of The Commissioners exercised in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware, be deemed to have become assessable under the provisions thereof.
(5) The lineal feet of all properties within the City of Rehoboth Beach abutting on any street or streets, highway or highways, lane or lanes, alley or alleys, in which sewers have been constructed under the provision of that Act and which theretofore had been determined to be non-assessable by The Commissioners by virtue of their use, or otherwise, which shall, by virtue of a change in the use thereof, or otherwise, in the judgment of The Commissioners, exercised in accordance with the provisions of Chapter 119, Volume 38, Laws of Delaware, be deemed to have become assessable under the provisions thereof.
f. On or before the regular monthly meeting of The Commissioners to be held in the month of February of each and every year, the City Manager shall prepare and deliver unto The Commissioners, a complete list of all the properties to be thus assessed as a scrap sewer assessment. Said list, and as many copies thereof as shall be required by The Commissioners, shall show the name of the owner or owners of the property or properties to be affected thereby: provided, that, no error or mistake in regards to the name of an owner shall be held to invalidate any assessment so made and it shall be sufficient if the name of the last owner, as shown by the records in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, appears on such assessment list; a description locating the property to be assessed thereunder; the lineal feet of each property abutting upon street or streets, highway or highways, lane or lanes, alley or alleys, in which sewers are built and which is to be subject to a scrap assessment; the square footage of floor area which is to be assessed under said scrap assessment; the rate of assessment per lineal foot, which shall be and is hereby fixed at forty (40c) cents per lineal foot; the rate of assessment per square foot of floor area, which shall be and is hereby fixed at two and one-quarter (21/4c) cents per square foot; and the total amount to be assessed against such property or properties under such scrap assessment.
g. Immediately upon the receipt of such list, The Commissioners shall cause a copy thereof to be exhibited in some public place within the City for one week and a notice of such exhibit shall be advertised in the local newspaper in at least two successive issues thereof, and the said notice shall also state a time and place, when and where, the said Commissioners shall sit to hear any and all objections which may be made against such scrap sewer assessments as set forth in the aforesaid list. The time of such meeting shall be not less than one week nor more than two weeks after the date of the last issue of said notice. The said Commissioners shall sit on the evening of the day appointed in said notice from 8 P. M. until 10 P. M., and may adjourn from night to night and shall hear all objections which may have been made to such scrap assessment list and shall make such alteration and corrections in said list as said Commissioners may deem proper: provided, such alterations and correction shall be in compliance with this Charter and in compliance with the provisions of Chapter 119, Volume 38, Laws of Delaware.
h. After having heard such objections, and after having made such alterations and corrections, The Commissioners shall cause to be exhibited, for at least one week following the date of the last meeting as aforesaid, a copy of the said scrap sewer assessment list as thus altered and corrected.
i. After the said scrap sewer assessment list, altered and corrected as aforesaid, shall have been exhibited for one full week, the said list shall be certified to by the said Commissioners as correct and the several amounts shown upon such altered and corrected list, as having been assessed against the properties assessed therein, shall be liens upon the respective properties upon which such assessment is made, and such liens, shall have priority over any liens, encumbrances or conveyances except tax liens and prior liens of a like nature for public improvement.
j. Immediately after certifying said list, The Commissioners shall cause a duplicate thereof to be delivered to the City Manager, who shall immediately prepare statements of such assessments against each property so assessed and shall mail, or deliver, or cause to be delivered, such statements to the party or parties whose name or names appear as the owner of said property. If mailed to the last known address of such party, it shall be full and sufficient notice of such assessment for the purposes of this Charter.
k. All sums paid on account of such scrap sewer assessments shall be paid to the City Manager of Rehoboth who shall give his receipt therefor, and all such sums shall be by him delivered, within forty-eight hours of their receipt, to the Treasurer of the City of Rehoboth Beach, who shall deposit them in some banking institution and they shall be subjected to the same rules and regulations in respect to the "Sinking Fund for Sewers".
1. All scrap sewer assessments so made shall be due upon the date of the certifying by The Commissioners as to the correctness of the same, and, if paid in full within sixty (60) days after the date of such certifying, a discount of five (5%) per centum shall be allowed from the amount of such assessment and shall be accepted by the City Manager of Rehoboth, as in full payment and release of the lien of such assessment. Upon all payments made after sixty (60) days of the date of certifying as aforesaid, the full amounts of the assessment shall be paid with interest at the rate of six (6%) per centum per annum, computed from the date of certifying as aforesaid, and the said interest so computed shall be added to the amount of the assessment.
m. Any property owner at his, her or its discretion to be expressed in writing to the said The Commissioners within sixty days after the certifying of the scrap sewer assessment as aforesaid, may pay the said scrap sewer assessment in five equal installments, together with interest on the unpaid balance from the date of certifying said scrap sewer assessment; the first installment to be due and payable within sixty (60) days from the date of certifying as aforesaid, and each subsequent installment with accrued interest to be due and payable on the first day of July each year thereafter. Any property owner may have the right at any installment period to pay the balance due on his, her or its scrap sewer assessment in full.
n. In all cases where the property owner does not elect to pay in installments, or, having elected to pay in installments, fails to pay the first installment in sixty (60) days after the date of certifying, as aforesaid, he, she or it shall be held to waive the right to pay in installments, and the entire scrap sewer assessment, together with accrued interest from the date of certifying, as aforesaid, shall immediately thereafter become due and payable. If the property owner who has elected to pay in installments, fails to pay his, her or its scrap sewer assessment within sixty (60) days after the date of certifying as aforesaid, or makes default in the payment of any equal installment, or the accrued interest thereon, the whole of such assessment shall immediately become due and payable, and in such case it shall be the duty of, and The Commissioners are hereby directed to proceed forthwith to collect such assessment, and the accrued interest thereon in the manner hereafter to be provided for the collection of annual taxes and other charges due the City.
o. In respect to the collection of all amounts due under any such scrap sewer assessment, the City Manager shall have all the rights and power and shall proceed to collect the same in any of the manners provided for the collection of other taxes and charges due the City.
REMEDIES, POWERS AND METHODS FOR THE
COLLECTION OF TAXES, ASSESSMENTS AND OTHER
CHARGES DUE THE CITY BY THE CITY MANAGER
Section 227-a. A remedy by distress as now prescribed by law is hereby preserved to the City Manager 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 duplicate scrap sewer assessment list or warrant or any other list of charges due the City of Rehoboth Beach, the City Manager may in the name of The Commissioners of Rehoboth Beach institute suit before any Justice of the Peace or Court of the State of Delaware, in any of the Counties of the State, or before the Mayor of the City of Rehoboth Beach, 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 the 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, duplicate scrap assessment list, or warrant, or other lists containing charges due the City, the City Manager 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 City Manager 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 added, 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 City Manager within ten (10) days. The City Manager 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, or the Mayor of the City of Rehoboth Beach, as aforesaid. This process shall be deemed to be in the nature of a garnishment proceedings.
e. The City Manager may make a complaint under oath before any Justice of the Peace with offices in the City of Rehoboth Beach or before the Mayor of the City of Rehoboth Beach, 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 City 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, or any other charge due the City from any taxable, and without the necessity of first employing the other remedies herein provided the City Manager 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, or other charge.
a. The City Manager shall present to the Superior Court of Sussex County a petition in which shall be stated:
(1) The name of the taxable, assessee, license, or charges.
(2) The year for which the tax, assessment, license, or other charge was levied.
(3) The rate of the tax, assessment, license, or other charge.
(4) The total amount due.
(5) The date from which the penalty for non-payment, if any, shall commence and the rate of such penalty.
(6) A short description of the lands and tenements proposed to be sold sufficient to identify the same.
(7) A statement that a bill of said tax, assessment, license, or other charge has been mailed to the taxable that he will proceed to sell the lands and tenements of the taxable for the payment of the tax, assessment, license, or other charge due the City, and the date of such mailing.
(8) That it has been found impractical to attempt to collect the said tax, assessment, license, or other charge, by any other remedy hereinbefore provided.
h. At least ten (10) days prior to the filing of any such petition, the City Manager shall deposit in the mail, in a sealed and 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 City, 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, assessment, license, warrant or other charge due the City. The City Manager shall exhibit the return registry receipt to the Court by filing the same with the petition.
i. The petition shall be filed by the City Manager and shall be verified before a Notary Public.
j. Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Court and shall endorse upon said record of said petition, the following: "This petition filed the _________________ day of ________ A. D. __________ (giving the day and year), and the City Manager of the City of Rehoboth Beach shall therefore proceed to 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.
j. The City Manager shall then proceed to advertise the lands and tenements of the taxable by posting handbills in at least five (5) public places in the City of Rehoboth Beach (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 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, or other charge due the City, 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 City Manager shall make, execute and deliver a deed to the purchaser, his heirs or assigns, which shall convey the title of the taxable, assessee, licensee, or charges or his alienee, 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 cost, 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 City Manager of the City of Rehoboth Beach 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 City Manager 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 City of Rehoboth Beach, 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 City of Rehoboth Beach, the following costs shall be allowed, which shall be deducted by the City Manager from the proceeds of the Sale, or chargeable against the owner: the Prothonotary of the Court shall receive for filing and recording the petition the sum of $1.00 and also the sum of $1.50 for filing and recording the Return of Sale; The City Manager shall be entitled to receive the sum of $5.00 for every sale of real estate made by him in the exercise of said powers for the enforcement of the payment of taxes, together with such additional sum as may be reasonable and proper for the service of Counsel in preparing such papers as may be necessary in premises, all of which shall be a part of the costs to be paid out of the purchase money realized out of the sale of said real estate sold for the taxes, assessment, license fee or other charge due the City.
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.
r. If any person is assessed for several parcels of land and tenements in the same assessment, the total of said taxes, assessments, and other charges due the City, may be collected from the sale of any part or portion of said lands and tenements: provided, that land alienated by the taxable shall not be sold until other property of the taxable shall have been disposed of.
TOWN BUDGET
Section 28--a. The fiscal year for the City of Rehoboth Beach shall be from July 1st of one year to June 30th of next succeeding year.
b. Annually each year and not later than June 1st, the City Manager shall prepare a rough draft of a City Budget. From this rough draft The Commissioners of Rehoboth Beach shall, not later than June 15th of each year, prepare the City Budget, containing the financial plan for conducting the affairs of the City 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 City 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 City, 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 City.
(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, scrap assessments and all other anticipated income of the City from any source or sources whatsoever.
d. The Commissioners shall, so far as possible, adhere to the Budget so adopted in the making of appropriations.
ENUMERATION OF POWERS
Section 29--a. Not by way of limitation upon the power vested in The Commissioners to exercise all powers delegated by this Charter to the municipal corporation of The Commissioners of Rehoboth Beach except as may expressly appear herein to the contrary, but, rather, by way of enumeration and for purposes of clarity, The Commissioners are vested by this Charter with the following powers, to be exercised by said The Commissioners in the interest of good government and the safety, health and welfare of the City, 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 City 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, aqueduct or pipe line, or portion thereof, or any new or present sidewalk, curb or gutter, or portion thereof, in the City; 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 City.
6. To regulate or control the observance of the Sabbath Day.
7. To establish and regulate pounds and to restrain, prohibit and impound 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.
8. 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.
9. To enforce the removal of snow, ice, dirt or other foreign substance from sidewalks and gutters by owners or abutting 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 or 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 City.
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 City 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 willful or negligent injury or damage to or interference with the water system or equipment of the City; to furnish, or refuse to furnish, water from the City system to places and properties outside the City limits; and to contract for and purchase water and distribute the same to users within or without the City with the same full powers as though such water had been initially reduced to usefulness by the 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 City; to regulate and prescribe for what private or public purposes the system may be use, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the City system to places and properties outside the City limits; in the interest of the public's health, to compel any and all properties in the City to be connected to the sewer system of the City; and to contract for and purchase sewer disposal service and to resell the same to users within or without the City 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 City and for lighting the streets, highways, lanes, alleys, watercourses, parks, lake, strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the City, 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 City, and to furnish proper connections for electric current and gas to the properties of the inhabitants of the City 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 willful or negligent injury or damage to or interference with the electric or gas system or systems of the City; to furnish or refuse to furnish, electric current or gas from the City's system or systems to places and properties outside the City limits; and to contract for and purchase electric current or gas and distribute the same to user within or without the City 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 City 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 City, 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 City.
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 high land within the limits of the City 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 Commissioners 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 City 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 City and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the City 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.
0. 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 City 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 City 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 City, 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 City and make particular provisions for particular zones or 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 virtue of Chapter 179, Revised Code of Delaware, 1935, and all amendments thereto.
24. To acquire, build, erect and maintain a suitable place as a lock-up or jail for the City 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 City shall pay for the board of persons committed thereto for violations of ordinances of the City 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 City.
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 City by fine or imprisonment, or both, not exceeding One Hundred Dollars or thirty 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 firefighting equipment and service to the City; provided, that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as The Commissioners 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 City and to sell the same.
30. To levy and collect taxes for any and all municipal purposes upon all real estate within the City, except lands belonging to the City; provided, that the amount to be raised from this source shall not exceed the sum of two hundred thousand dollars ($200,000) for the fiscal year ending June 30, 1959, and two hundred twenty-five thousand dollars ($225,000) for each and every fiscal year thereafter.
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 and not to exceed the sum of One Dollar ($1.00) in any one year for each such person.
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 City, 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 City Assessment. In case the owner or lessee 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 27 of this Charter, The Commissioners 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 City) of such various amounts as The Commissioners 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 City any farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.
0. 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.
1. To provide for the collection of and disbursement of all monies to which the City may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in the Charter.
2. To borrow money in the name of the City 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 City or such other security or securities as The Commissioners 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 City shall be exempt from all State, County or municipal taxes; provided, that in no event shall the indebtedness of the City, for any and all purposes, at any one time exceed in the aggregate fifteen per centum (15%) of the assessed value of all real estate in the City subject to assessment for the purpose of levying the annual tax hereinbefore mentioned.
37. To acquire, and/or to vacate the use of, lands, tenements, personal property, easements, rights of way, or any interest in property, either within or without the limits of the City, 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 33 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 33 shall be changed and modified to cover any case contemplated hereby.
38. To appropriate money to pay the debts, liabilities and expenditures of the City, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the 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 City by the performance of labor or service for the City by any person owing the same.
40. To inquire into and investigate the conduct of any office, officer, agent, or employee of the City 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. 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 Commissioners 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 City, the protection and preservation of persons and property and of the public health and welfare of the City and its inhabitants; provided, that any ordinance relating to the public health of the City and its inhabitants, or designed to prevent the introduction or spread of infectious or contagious diseases, or to prevent nuisances affecting the same, shall apply not only within the corporate limits of the City but as well to all areas and persons outside the City within one mile from said limits.
COLLECTION OF CHARGES DUE THE CITY
Section 30--a. In the collection of water rentals, electric bills, gas bills, license fees, tapping fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the City and authorized to be levied and charged against the owner or owners of property within the City, the collection thereof shall be under the supervision of the City Manager. It shall be the duty of the City Manager to collect all such rentals, bills, fees and charges. He shall, in conjunction with the police force keep The Commissioners advised as to any and all failures or neglects to pay the same.
b. In respect to the amount of any such water rentals, electric bills, gas bills, license fees, tapping fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the City and authorized to be levied and charged against the owner or owners of property within the City, and which owner or owners of property within the City shall have failed or neglected to pay the same within the time prescribed by the Provisions of this Charter, or a duly adopted Ordinance of said City and should the required procedure, if any there be, have been complied with as regards the imposition thereof against such owner or owners. The Commissioners shall issue a warrant to the City Manager directing him to collect the same against the person or persons, firm or firms, corporation or corporations from which it shall be due, together with interest from the due date and other charges attendant thereto. Thereafter, from the date of the issuance of any such warrant or warrants, the amount or amounts therein provided shall be and constitute liens upon the respective property or properties of such owner or owners upon which or for which any such rentals, bills, fees or other charges shall have been made and such liens shall, for a period of two years from the date of such warrant or warrants, have priority over any liens, encumbrances or conveyances except tax liens, general or special sewer assessment liens and prior liens of a like nature.
c. Upon the receipt of such warrant from The Commissioners, the City Manager shall have the same authorities, remedies and powers with respect to the collection of the same as hereinbefore provided in Section 27 of this Charter.
d. Nothing contained in this Section shall be construed as a limitation upon The Commissioners of Rehoboth Beach to establish and fix fines, or terms of imprisonment, or other penalty, in a proper case, for neglects or failures nor shall any fines imposed by a judicial officer with reference to any such neglects so enrolled or failures be construed as being within the provisions hereof.
REMOVAL OF OBSTRUCTIONS, NUISANCES, AND
UNSANITARY CONDITIONS
Section 31--a. In addition to the power to impose fines and penalties for the maintenance of obstructions, nuisances, and unsanitary conditions, as those terms should be defined by The Commissioners if The Commissioners either upon their own inspection or upon information obtained from the Board of Health, City Manager or Police Force, shall deem that such obstruction, nuisances, or unsanitary condition ought to be removed or abated as the case may be, The Commissioners shall enact an ordinance or adopt a resolution, or both, to that effect and thereupon shall direct the Secretary to forward, to the person or persons continuing or causing such obstruction, nuisances, or unsanitary condition, or to the person or persons who are responsible for its existence or continuance, by the mails of the United States, in a sealed wrapper addressed to his or their last and best known post office address, a notice to remove or abate the same. If such person or persons refuse or neglect, for the space of five days after such notice is mailed, to remove or abate the same, The Commissioners shall issue a warrant in the name of The Commissioners of Rehoboth Beach under the hand of its President, who shall affix thereto the corporate seal, attested by the Secretary and directed to the City Manager. The warrant shall command him forthwith to remove or abate such obstruction, nuisance, or unsanitary condition. The City Manager shall forthwith proceed to remove or abate the same and, to that end, he shall have full power and authority to enter into and upon any lands and premises in the City. He shall likewise have the authority to take with him such assistants, implements, horses, carts, wagons, automobiles, trucks, or other things as may be necessary and proper to do and perform all matters and things in connection with the removal or abatement of such obstruction, nuisance, or unsanitary condition.
b. At the regular monthly meeting of The Commissioners next succeeding the delivery of the warrant to him, the City Manager shall make a return to The Commissioners of his proceedings upon the warrant and shall specify the costs and expenses of all necessary work, labor, and proceedings incurred by him in the abatement or the removal of the same.
c. At such meeting, The Commissioners shall determine, from the return of the City Manager, the costs and expenses of all necessary work, labor, and proceedings in reference to the abatement or removal of such obstruction, nuisance, or unsanitary condition. The Commissioners shall then issue a warrant, containing an itemized account of that information, together with the name and last and best known address of the person from whom The Commissioners shall determine the amount to be due and shall deliver such warrant to the City Manager. The warrant shall command him forthwith to collect the amount stated to be due thereon from the person or persons designated therein. The City Manager shall forward to such person or persons, in a sealed wrapper, a true and correct copy of the warrant by depositing the same in the United States mails and addressed to such person's or persons' last and best known post office address. If such person or persons shall refuse or neglect to pay the same to the City Manager for the use of the City within thirty (30) days from the date of the mailing of such true and exact copy of the warrant, the City Manager shall then be authorized and required to collect the same in any of the manners hereinbefore provided in Section 27 of this Charter.
PAVING, GUTTERING, CURBING
Section 32--a. In respect to leveling, grading, flagging, or re-flagging, curb or re-curbing, guttering and re-guttering, paving or re-paving the sidewalks, crosswalks and gutters of the City, the expenses thereof shall be borne by the owner of the property abutting upon such pavement, curb or gutters and The Commissioners shall have the authority to specify the manner of performance and the materials to be used in the leveling, grading, flagging or re-flagging, curb or re-curbing or guttering or re-guttering, paving or re-paving of the same.
d. Before any such owner shall be required to lay out a pavement, curb or gutter, or either or both, a written petition of the majority of the freeholders owning property abutting on the street in the City of Rehoboth Beach shall first have been received or obtained by The Commissioners.
e. Upon the receipt of such petition, The Commissioners shall direct the Secretary to forward a written notice to owner or owners of any house or lands, along, in front of, or adjoining which they may deem proper that a pavement shall be laid, or a curb or gutter constructed, or both. Such notice shall specify to the owner any rules or regulations adopted by The Commissioners in respect to the laying thereof or the materials to be used in the doing of such work.
f. Should the owner neglect or refuse to comply with said notice for the space of sixty (60) days, The Commissioners shall issue a warrant in the name of the City, under the hand of its President, who shall affix thereto a corporate seal, attested by the Secretary, and directed to the City Manager, commanding him forthwith to do the work as specified in the above mentioned notice to the owner or owners. Whereupon the City Manager to whom the said warrant shall have been directed, shall forthwith proceed to lay such pavement, or construct curbs or gutters, or either, or both, as directed in the warrant. To that end he shall have full power and authority to enter into any premises or lands in the City and to take with him such assistance, materials, implements, horses, carts, wagons, trucks, or other things as may be necessary or proper to perform the work specified in the warrant. At the next regular monthly meeting of The Commissioners, after delivery of the warrant to the City Manager, he shall make a return thereon which shall include an itemized statement of all costs incurred by him in the performance of necessary work and labor attendant thereunto.
e. From the return of the City Manager, The Commissioners shall determine the amount due the City by reason of the work done and shall issue a warrant thereon, directed to the City Manager, which shall contain the amount to be by him collected, and the person or person from whom it shall by him be collected and commanding him forthwith to collect the same from the person or persons so specified in the warrant.
f. Immediately upon the receipt of such warrant, the City Manager shall forward a true and exact copy of the same to the person or persons specified therein as owing the City the amount specified as due thereon. Such true and exact copy of the warrant shall be enclosed in a sealed wrapper, addressed to the last and best known post office address of the person or persons, by the mails of the United States.
g. If the amount specified as due the City shall not have been paid to the City Manager within thirty (30) days from the date of the mailing of such true and exact copy of the warrant, the City Manager shall then be authorized and required to collect the same in any manner hereinbefore provided in Section 27 of this Charter.
h. The provisions contained in this Section shall also apply to the repair or repaving of any sidewalks, curb or gutter; provided, however, that in the case of repair and repaving of any sidewalk, curb, or gutter, heretofore laid or paved, it shall not be necessary that a written petition to that end, signed by five or more substantial freeholders, be presented to The Commissioners of Rehoboth Beach.
STREETS
Section 33--a. The Commissioners of Rehoboth Beach shall have the power and authority to locate, lay-out and open new streets and to widen or abandon streets, or parts thereof, whenever they shall deem it for the best interest of the City.
b. In every case the procedure to be followed in respect thereto shall be as follows: The Commissioners shall adopt a resolution favorable to the opening of such new street or to the widening or altering of a street or to the vacating or abandoning of a street, or any part thereof, as the case may be. The resolution shall give a general description of the street to be opened, widened or altered or of the street, or part thereof, to be vacated or abandoned, as the case may be. The resolution shall also state the day, hour and place where the said, The Commissioners, will sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of his property by reason thereof.
c. Copies of such resolution shall be posted in at least five, or more, of the most public places in the City, and at least five days prior to the date fixed by The Commissioners for the hearing as aforesaid.
d. At the time and at the place fixed in the resolution, The Commissioners shall hear such residents or taxables of the City, or owners of property affected thereby, as shall attend the hearing. After hearing all objections, The Commissioners shall, at said meeting or at a subsequent date, as it may deem proper, adopt a resolution to proceed with, or abandon the proposed locating, laying-out, widening, altering, vacating or abandoning of any street or streets contemplated in its aforementioned prior resolution.
. In every case where the Commissioners shall resolve to proceed with the plan contemplated, or a portion thereof, The Commissioners shall award just and reasonable compensation to any person or persons who will thereby be deprived of property by virtue of the execution of the plan so contemplated. Such compensation, if any be awarded, shall be paid by The Treasurer of The Commissioners of Rehoboth Beach, on a warrant drawn upon him by authority of The Commissioners aforesaid upon delivery of a good and sufficient deed conveying a fee simple title unto "The Commissioners of Rehoboth Beach"; which title, shall be clear and free of all liens and encumbrances.
f. If anyone who shall be deprived of his property by virtue thereof be dissatisfied with the compensation awarded by The Commissioners, as aforesaid, he may, within five days after the award of The Commissioners, as aforesaid, appeal from such award by serving written notice to that effect upon the Secretary or President or, in their absence, upon any member of the Commissioners of Rehoboth Beach.
g. In order to prosecute said appeal, such appellant shall, within ten (10) days after the award of The Commissioners, as aforesaid, apply to the Resident Judge of the Superior Court of the State of Delaware, in and for Sussex County, or, should he be absent from the County during that time, such application shall be made to the Chief Justice of the State of Delaware, for the appointment of freeholders to hear and determine the matter of compensation due such appellant by virtue of the deprivation of his property, as aforesaid. Thereupon, the said Resident Judge, or Chief Justice shall issue a commission under his hand directed to five impartial freeholders of Sussex County, commanding them to determine and fix the damages which the said appellant shall have sustained by reason of being deprived of his property, as aforesaid. The freeholders, so appointed, shall take into consideration the benefits or advantages that will enure to the said appellant from any such new street, or otherwise. The freeholders, so appointed, shall make return of their findings to the said Resident Judge, or Chief Justice, as the case may be, at a time appointed in the said Commission.
The freeholders so appointed shall give notice of the clay, hour and place when they will meet to view the premises and to affix the damages, if any, as aforesaid. Such notice shall be served upon the appellant personally, or by posting a copy thereof on the premises affected, at least five days before the day specified therein as upon which they are to view the premises, as aforesaid. A copy of such notice shall also be served on the Secretary or the President of The Commissioners of Rehoboth Beach at least five days before the day of such meeting.
i. The freeholders named in such Commission, being first sworn or affirmed to fully, fairly and honestly determine the damages to the best of their several abilities, and at the hour and place stated in the notice aforesaid, shall view the premises and hear the appellant and his witnesses, and The Commissioners and its witnesses, and shall, without delay, determine and fix the damages, if any, which the said appellant will have sustained by reason of being deprived of any property, as aforesaid.
j. Thereupon, and without delay, the said freeholders shall make return, in writing, of their proceedings in the premises to the said Resident Judge, or Chief Justice, as the case may be, The Resident Judge, or Chief Justice, or as the case may be, shall cause the said return to be delivered to the Secretary or the President of The Commissioners. Such return shall be final and conclusive. The Resident Judge, or Chief Justice, as the case may be, shall have full power to fill any vacancy among the freeholders.
The amount of the damages being ascertained, as aforesaid, The Commissioners of Rehoboth Beach, shall pay or tender the amount thereof to the person or persons entitled thereto, within one month after the same shall be finally ascertained, or The Commissioners may deposit the same to his credit in any bank in the City of Rehoboth Beach, within the said period of one month, and thereupon The Commissioners of Rehoboth Beach may carry into effect the plan contemplated in their resolution aforementioned.
In the ascertainment and assessment of damages by the freeholders appointed by the Resident Judge, or Chief Justice, if the damages shall be increased above the amount fixed by The Commissioners, or if The Commissioners shall decide not to take such property, the cost of the appeal shall be paid by the Treasurer of The Commissioners of Rehoboth Beach out of any monies in his hands belonging to the City. If the said damages be not increased, the cost of the appeal shall be paid by the party appealing.
The fees of the freeholders shall be $5.00 per day to each, and shall be taxed as a part of the cost.
After the damages shall be fixed and ascertained by the freeholders as aforesaid, The Commissioners shall have the option of either paying the damages assessed within the period of one month aforementioned, and proceeding with the improvement, or paying the costs only and abandoning the proposed improvements.
Whenever the land comprehended or included in any street or part thereof vacated or abandoned under this section be owned by the City, The Commissioners may, in its discretion, sell such land at public sale and for such consideration as The Commissioners shall deem proper. The Commissioners shall have the right and power to convey to the purchaser or purchasers thereof, a good and sufficient title thereto for whatever estate the City may have therein.
For all the purposes of this Section, the word "street" shall be deemed and held to comprehend and include sidewalks, lanes, alleys, roadways or other highways.
The Commissioners of Rehoboth Beach shall have full power and authority to re-grade, re-dress, or otherwise repair or rebuild all existing streets, lanes, alleys, roadways or other highways within the City limits. It shall also have the power and authority to construct, build, pave and in any manner improve all new and existing streets, lanes, alleys, roadways and other highways now open or to be hereafter opened for public use in the City. In so doing, it shall use such materials and substances and such methods of construction and shall employ such contractors, engineers, inspectors or others as The Commissioners shall deem expedient and may use different materials and different methods of construction on different streets or on different parts of streets as The Commissioners shall deem advisable. To this end, The Commissioners shall have full power and authority to enter into contracts or agreements with the State Highway Department of the State of Delaware for the permanent maintenance, repair and up-keep of any street, lane, alley, roadway or other highway within the City limits.
The Commissioners shall also have full power and authority to expend such part or parts of the money of the City, in the general fund of the City, not otherwise appropriated, towards the carrying out of any powers and authorities granted unto The Commissioners under and by virtue of this Section of the Charter.
STREET IMPROVEMENT COST
Section 1. This Act shall be designated as Section 33A of the Charter of the City of Rehoboth Beach as established by Chapter 161, Volume 41, Laws of Delaware, and as amended.
Section 2. Definitions--The Word street shall include present and future streets, highways, thoroughfares, lanes, avenues and alleys of the City of Rehoboth Beach.
The word block shall include the lineal frontage of all property fronting and abutting upon both sides of any street between two other successive intersecting streets.
The word City shall mean the City of Rehoboth Beach within its territorial limits.
The word Commissioners shall mean The Commissioners of Rehoboth Beach.
Section 3. In addition to the power and authority to improve the streets of the City and to expend its funds therefor, The Commissioners are authorized and empowered to apportion and impose not exceeding two-thirds of the entire cost to the City of improving any street, or part thereof, upon the abutting property owners, block by block, in the following manner:
The entire cost to the City of any such improvement shall include the total costs to be paid by the City out of City funds for improving and repairing the surface of any such street from curb line to curb line.
The cost of improvement of intersections shall be borne solely by the City.
Upon the petition in writing signed by the owners of a majority of the entire lineal frontage of all property fronting on any given block of the City between intersections, and filed with The Commissioners praying that The Commissioners proceed to improve such block of street and the street intersections at each end thereof, The Commissioners may at any time thereafter proceed to improve the street and intersection pursuant to the provisions hereof. No petition shall be received if it purports to restrict the time within which such improvement shall be carried out, or the discretion of The Commissioners as to the nature, extent and cost thereof; nor unless it shall have attached thereto an oath or affirmation of at least two (2) freeholders of the City taken before a person authorized to administer oaths, and verifying that the signatures appended were made in their presence and are the signatures of the persons whose names they purport to be, and that they did fully read such petition to each signer prior to the signing thereof. Whenever any such petition shall have been received, approved and filed by The Commissioners, it may not thereafter be withdrawn, nor shall the signature of any signer be stricken therefrom, except by and with the consent of The Commissioners; and such petitions, received, approved and filed shall be admitted into evidence in any Court of law or equity, and shall be prima facie proof of its contents and of the signatures of the respective signers.
With respect to any one street there shall be, so far as possible, a uniformity of the character of the improvement, and of the kind or class of materials used.
The entire cost of any improvement under the provisions hereof, may be paid, when due, by The Commissioners out of any funds of the City not otherwise appropriated or set aside and for any such purpose The Commissioners may borrow money and secure the payment thereof by the issuance of bonds or certificates of indebtedness pledging the full faith and credit of the City, or such other security as The Commissioners shall determine, for the payment of the principal thereof, and the interest due thereon, and pursuant to the terms and provisions of and in the manner provided by Section 40 of the Charter of the City as amended; provided, however, that it shall not be necessary to call or hold a Special Election of the taxables of the City to secure their approval of such borrowing; and each bond and certificate of indebtedness shall provide that the same may be called in and redeemed and paid by The Commissioners in whole or in part, at its option, at any interest date designated therein.
Upon the completion and acceptance of any such improvement of any block of street The Commissioners shall cause to be made an accurate statement of the whole costs to the City and shall deduct from such whole cost the costs of such improvement to the intersections of any street done and improved in connection with and as a part of any such street improvement.
The entire cost of any street improvement under the provisions hereof, excluding the cost of the improvement of street intersections, shall be divided into three equal parts and the amount of two such equal parts shall be apportioned among, and levied and assessed upon all of the adjacent property and property owners of such block according to the lineal footage of the respective properties abutting upon both sides of the block of the street.
Such levy and assessment shall be made by The Commissioners by causing a complete list of all properties to be assessed, setting forth the number of lineal feet of each such property fronting or abutting upon the street, the owner or owners thereof, and the amount levied and assessed against such property and the owner or owners thereof.
A copy of such special assessment list shall be posted in the City Hall of the City for one week for public inspection. An advertising stating the fact of such posting and the time and place when and where The Commissioners shall sit to hear objections to the assessment list shall be published in two successive issues of a newspaper published in the City prior to the day fixed for hearing; and the hearing shall not be less than ten (10) days nor more than twenty (20) days after the last publication of such advertisement. The hearing shall be in public on the day and hour and at the place stated in the advertisement, and The Commissioners shall hear and determine all objections to such special assessment list as shall have been made by any party in interest in writing and filed with The Commissioners at any time prior to the hour of such public hearing as fixed in the advertisement. The hearing may be adjourned from time to time until all objections have been heard and determined.
Upon determination of all objections The Commissioners shall cause said assessment list to be corrected and altered, if need be, to conform to and comply with the terms hereof; and such list showing the several amounts, finally determined as having been levied and assessed against the several properties and the owners thereof shall be certified to by The Commissioners as correct.
Any special assessment made hereunder shall be a lien upon the respective properties upon which any such assessment is levied and assessed as of the date that the list shall be certified to by The Commissioners as correct; and such lien shall be certified to by The Commissioners as correct; and such lien shall have priority over all other liens, encumbrances or conveyances excepting only tax liens and prior special assessment lists of like nature for public improvement.
Immediately after certification of the assessment list, The Commissioners shall cause a duplicate thereof to be prepared and delivered to the City Manager, who shall immediately prepare statements of such assessments against each property so assessed, and shall mail, deliver or cause to be delivered such statements to the person or persons whose names appear therein as the owner or owners of such property, or properties, respectively. The mailing of a statement to the last known post office address of any person shall be a sufficient notice of such assessment.
therefor, and all such sums of money shall be by him paid and delivered to the Treasurer of the City who shall deposit them in some banking institution in the State of Delaware in a special account to be designated as a "Sinking Fund for Street Improvement", separate and distinct from any other funds controlled by said Treasurer. The money so deposited shall only be paid out of any such account for the purpose of paying, retiring or redeeming any borrowing of money, bonds or certificates of indebtedness incurred or issued by the City in pursuance hereof, and for the paying of interest thereon. If at any time all such outstanding borrowings, bonds or certificates of indebtedness, and interest thereon be fully paid and satisfied, any amount remaining in such sinking fund may be paid over into the general fund of the City and used for any lawful municipal purpose.
All special assessments shall be due and payable upon the date that The Commissioners certify to the correctness thereof, and all amounts unpaid thereon after sixty (60) days of the date of certification shall bear lawful interest until the date of payment, and such interest shall be added and considered as a part of any such assessment. Any assessment paid in full within sixty (60) days of the due date shall not bear interest.
Any property owner or owners so assessed may file with the City Manager a statement in writing signed by him or them and stating that such owner or owners elect to pay the assessment in five equal installments. Any such statement must be filed within sixty (60) days from the due date of such assessment, and if so filed such owner or owners shall then be allowed to pay the same in five (5) equal installments with interest as aforesaid upon the unpaid balance. The first such installment shall be due and payable within sixty (60) days from the date that The Commissioners shall certify the list, and a subsequent installment, with interest as aforesaid, shall be due and payable on the first day of July in each year thereafter until fully paid. Any owner of property shall have the right to pay the full balance due upon his assessment at any time. If any owner, not electing to pay the assessment in installments, or having so elected, shall neglect to pay any installment or any part thereof, when due, the whole of said assessment and interest shall be forthwith collected by the City Manager who is hereby vested with all the rights and powers, and shall proceed to collect the same in any of the manners provided for the collection of other taxes, assessments and charges due the City as more particularly set forth in Section 27 of the Charter of the City.
JETTIES, BULKHEADS, EMBANKMENTS AND BOARDWALKS
Section 34. The Commissioners of Rehoboth Beach shall have the power and authority to locate, lay-out, construct, widen, extend, improve, repair, vacate or abandon jetties, bulkheads and embankments for the preservation of any beach or strand within the limits of the City or contiguous thereto, to the ends that the same may be preserved and property may be protected, or boardwalks and piers, to the end that the general public might enjoy the use thereof. In the locating, laying-out, constructing, widening, extending, improving, repairing, vacating or abandoning of any such jetties, bulkheads, embankments, boardwalks and piers, The Commissioners shall have full power and authority to use such materials and substances and such methods of construction and shall employ such contractors, engineers, inspectors and others as The Commissioners shall deem expedient and advisable. For the purpose of this Section The Commissioners shall have full power and authority to expend such part or parts of the money of the City, in the general fund of the City not otherwise appropriated.
The Commissioners may, by condemnation proceedings, take private lands or the right to use private lands for any of the purposes mentioned in this Section. The proceedings by condemnation under this Section shall be the same as prescribed in Section 33 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 33 shall be changed and modified to cover cases contemplated by this present Section.
WATER SYSTEM
Section 35. The Commissioners of Rehoboth Beach shall have full power and authority to provide an ample supply of pure water for the City and the inhabitants thereof. To this end, it shall have full power and authority to purchase, acquire by grant or gift, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace and control wells, reservoirs, pumping machines and stations, tanks, standpipes, water mains, fire hydrants and all other instruments for the collection, storage, purification, conveyance and distribution of water, over, on, under or through the lands controlled by The Commissioners or belonging to private individual or individuals.
The Commissioners shall have power to enact ordinances, rules and regulations in regard to the use for public or private purposes of water furnished by The Commissioners; the amounts to be paid by the users thereof; the means or methods whereby the same shall be collected; the fixing of fines, or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or equipment of the City.
The Commissioners may, at its option, furnish water from the City system to places and properties outside the City limits and upon such special terms, charges and conditions as it shall deem wise.
The Commissioners shall have the power to make contracts for the purchase or water with any responsible person, firm or corporation and to distribute the same to users within or without the said City with the same full powers as if such water had been initially reduced to usefulness by The Commissioners itself.
The Commissioners shall have full power and authority, at any regular or special meeting, to enact ordinances or to adopt resolution granting franchises to any responsible person, firm, association or corporation and for such term or terms of years as shall seem wise to The Commissioners, to use the present or future streets, squares, alleys, lanes and beach strand of the City for the purposes of furnishing water to the City and to the persons, firms, or corporations residing therein, and for the purpose of transmitting the same, or any, or all of them, through, over, across or under said streets, squares, alleys, lanes and beach strands to points outside the City limits, any such franchise or franchises to contain such restrictions, conditions and stipulations as shall, to the said, The Commissioners seem wise.
The Commissioners may, by condemnation proceedings, take private land and property, or the right to use private land and property, under, over, or on the surface thereof, for the proper furnishing of an ample supply of pure water or the creation, construction, extension, maintenance of a proper water system, or the distribution thereof as above provided. The proceedings by condemnation under this Section shall be the same as prescribed by Section 33 of this Charter, which is concerned with the opening and laying-out of new streets, and the resolutions referred to in said Section 33 shall be changed and modified to cover these cases contemplated by this particular Section of the Charter.
SEWER SYSTEM
Section 36. All the powers and authorities vested in The Commissioners of Rehoboth Beach are under and by virtue of Chapter 119, Volume 38, Laws of Delaware, are hereby vested in The Commissioners of Rehoboth Beach under and by virtue of the provisions of this Charter.
The Commissioners of Rehoboth Beach are hereby vested with full power and authority to provide, construct, extend, maintain, manage and control sewer system for the health, sanitation and convenience of the inhabitants of the City, on, over, under, or through the streets, alleys, lanes, roadways or other highways, or on, over, under or through the lands of any person.
The Commissioners of Rehoboth Beach shall have the power to enact ordinances, rules and regulations regarding the sewerage system and sewage treatment plant of the City and the use thereof, and the amounts to be paid by the users thereof, and to fix fines and penalties, or both, for the willful or negligent injury or damage to, or interference with the said sewerage system or sewage treatment plant of the City.
The Commissioners may, at its option, furnish sewer facilities to places and properties outside the City limits upon such special terms, charges and conditions as it may deem wise. In a proper case, the Commissioners of Rehoboth Beach may require any property in the City to be connected with the sewer system and may compel the owner to pay the charge of such connection and the tapping fee charged therefor and in respect thereto may use any method provided in Section 31 of this Charter.
The Commissioners may, by condemnation proceedings, take private land or property, or the right to use private land and property, under, over, or on the surface thereof, for the proper operation or extension of the sewer system or sewage treatment plant in the City. The proceedings by condemnation under this Section shall be the same as prescribed by Section 33 of this Charter; which provides for the opening and laying-out of new streets, and the resolutions referred to in Section 33 shall be changed and modified to cover those instances contemplated by this particular Section of the Charter.
ELECTRIC, GAS AND POWER PLANTS AND FRANCHISES
Section 37. The Commissioners of Rehoboth Beach shall have full power and authority to erect, construct, equip, maintain and operate a plant or plants for the generating and manufacturing of electric current or gas, or both, for the inhabitants of the City and for lighting of streets, squares, alleys, lanes and public places and buildings of the City and shall have full power and authority to construct, erect, maintain, improve, extend, equip and operate such transmission and distributing lines, pipes, mains and other conveyances for any such current or gas as may be necessary to properly light the City and to furnish proper connections for electric current and gas to the properties of the inhabitants of the City who may desire the same.
The Commissioners of Rehoboth Beach shall have the power to make, contracts for the purchase of heat, light, sewer service, water, electric current and gas with any responsible person, firm or corporation and to distribute the same to users within or without the said City with the same full powers as if such heat, light, power, water, electric current, or gas had been generated or manufactured by the City as herein expressly provided for in this Charter.
The Commissioners shall have the power to grant to all persons whomsoever in the City the privileges of using electric current or gas conveyed and distributed by the City in such manner and in such terms and consideration and at such rates and for such amounts as The Commissioners may deem just and proper and shall enact such ordinances relating to electric current or gas or their generation or manufacture or their distribution in said City and the regulation of the connection thereof with the properties of individuals in said City and with general management and control of the same as The Commissioners shall, from time to time, deem to be most expedient.
The Commissioners may, at its option, transmit electric current from the said City to place or places and property or properties outside the City limits, upon such terms, charges and conditions as it shall deem wise.
The Commissioners of Rehoboth Beach shall also have full power and authority at any regular or special meeting to enact ordinances or to adopt resolutions granting franchises to any responsible person, firm, association or corporation and for such term or terms of years as shall deem wise to The Commissioners, to use the present and future streets, squares, alleys and lanes of the City for the purpose of furnishing heat, light, power, gas, water or electric current, or any, or all of them, to the said City and to the persons, firms or corporations residing therein, and for the purpose of transmitting the same, or any, or all of them, through, over, across or under said streets, squares, alleys and lanes to points outside of the City limits; any such franchise or franchises to contain such restrictions, conditions and stipulations as shall, to the said Commissioners, seem wise.
The Commissioners may, by condemnation proceedings, take private land and property, or the right to use private land and property, under, over, or on the surface thereof, for the proper operation, manufacture or extension or distribution of gas or electric current as above provided. The proceedings by condemnation under this Act shall be the same as prescribed by Section 33 of this Charter, which is concerned with the opening and laying-out of new streets, and the resolutions referred to in said Section 33 shall be changed and modified to cover those cases contemplated by this particular Section of the Charter.
DRAINAGE
Section 38. The Commissioners of Rehoboth Beach shall have the full jurisdiction and control, within the limits of the City, of the drainage of all water thereof, together with the right to alter and change the course and direction of any of the natural water courses, runs and rivulets within the limits of the City and may pass ordinances for the opening of gutters, surface water and underground drains and sewers within the limits of the City. The Commissioners of Rehoboth Beach shall also have full power to regulate, maintain, clean and keep the natural water courses, runs and rivulets within the City limits open and clean and unobstructed and for that purpose may authorize the entry upon private lands and take, condemn and occupy the same in the same manner and by the same condemnation proceedings as hereinbefore provided by Section 33 of this Charter; which is concerned with the opening and laying-out of any streets. By like proceedings The Commissioners of Rehoboth Beach shall also have the power and authority to enter upon private lands and take, condemn and occupy the same for the purpose of laying-down gutters, surface water and underground water drains or sewers, or any of them, within the City limits. Provided, however, that the resolutions referred to in Section 33 of this Charter shall be changed and modified to cover those cases contemplated by this particular Section of the Charter shall be changed and modified to cover those cases contemplated by this particular Section of the Charter.
CITY JAIL
Section 39. The Commissioners of Rehoboth Beach may build and maintain a suitable place as a lock-up or jail for the City, which shall be used as a place of detention for persons convicted of violation of law or ordinances, 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. Nothing in this Section shall be construed to deprive The Commissioners of Rehoboth Beach of the right to use the jail of Sussex County for such purposes as may otherwise have been provided.
BORROWING OF MONEY AND ISSUANCE OF BONDS
Section 40. The Commissioners of Rehoboth Beach may borrow money, and to secure the payment of the same, is hereby authorized and empowered to issue bonds or other kinds or forms of certificate or certificates of indebtedness pledging the full faith and credit of the City of Rehoboth Beach; or such other security or securities as The Commissioners shall elect, for the payment of the principal thereof and the interest due thereon.
All bonds or other kinds or forms of certificate or certificates of indebtedness issued by The Commissioners of Rehoboth Beach in pursuance hereof shall be exempt from all State, County or municipal taxes.
This power or authority to borrow money may be exercised by The Commissioners of Rehoboth Beach to provide funds for, or to provide for the payment of, any of the following projects or purposes:
(1) Refunding any or all outstanding bonds or other indebtedness of the City at the maturity thereof or in accordance with any callable feature or provision contained therein;
(2) Meeting or defraying current annual operating expenses of the City in an amount equal to but not in excess of currently outstanding, due and unpaid taxes, water rents, license fees, or other charges due the City and available, when paid, for meeting or defraying current annual operating expenses of the City;
(3) Erecting, extending, enlarging, maintaining, and repairing any plant, building, machinery, or equipment for the manufacture, supplying or distribution of gas, water, electricity, sewerage or drainage system, or any of them, and the condemning or purchasing of any lands, easements and rights-of-way which may be required therefor;
(4) Constructing, paving, laying-out, widening, extending, repairing and maintaining streets, lanes, alleys, and ways and the paying, constructing, laying-out, widening, extending, repairing and maintaining of curbing and gutters along the same and the condemning or purchasing of any lands, easements or rights-of-way which may be required therefor;
(5) Constructing, laying-out, widening, extending, repairing and maintaining boardwalks, piers, jetties,* bulkheads, sidewalks, cross-walks, or embankments, or any of them, and the condemning or purchasing of any lands, easements or rights-of-way which may be required therefor;
(6) Defraying the cost to the City of any other municipal improvement provided for or authorized or implied by the provisions of this Charter.
In those cases where the power or authority hereby vested in The Commissioners of Rehoboth Beach is sought to be exercised for the purpose of refunding any or all outstanding bonds or other indebtedness of the City at a rate of interest equal to or less than the indebtedness thereby sought to be refunded and in all instances provided for in sub-paragraph "2" above, it shall not be necessary for The Commissioners of Rehoboth Beach to call a special election of the taxables of the City to secure their approval of such borrowing.
In all other instances the power to borrow money and to secure the payment thereof by the issuance of bonds or other kinds or forms of certificate or certificates of indebtedness for any other purpose or purposes above specified shall be only exercised* in the following manner:
The Commissioners shall adopt a resolution proposing unto the electors of the City that money be borrowed by the City for any of the above named purposes. The resolution proposing the borrowing shall plainly set forth the following* matters:
(1) The amount of money, or the amount of money not exceeding which, it is proposed shall be borrowed;
(2) The rate of interest, or the rate of interest not exceeding which, it is proposed shall be paid;
*So enrolled
(3) The manner in which it is proposed to be secured;
(4) The manner in which it is proposed that it shall be paid, or funded, or both;
(5) A short and clear description of the purpose or purposes for which the money or monies shall be used, and which description shall include the estimated cost of carrying out the purpose or purposes aforesaid; and
(6) A Statement of the time and place for a public hearing upon the resolution, whereat the Commissioners of Rehoboth Beach shall vote upon the final authorization for the loan.
It shall then be the duty of The Commissioners to give notice of the time and place of such public hearing upon the resolution by publishing a copy of the resolution aforesaid in at least one issue of a newspaper published in the City of Rehoboth Beach at least one week before the time fixed for said hearing and by posting copies thereof in five public places throughout the said City at least one week before the time fixed for said hearing.
At the time and place mentioned in such notice, The Commissioners shall sit in public session and at such public session, or an adjourned session thereof, shall vote upon a resolution giving its final authorization for the loan. If such resolution shall be adopted by The Commissioners of Rehoboth Beach, then The Commissioners of Rehoboth Beach shall pass a second resolution ordering and directing that a Special Election be held in the City of Rehoboth Beach not less than thirty (30) days nor more than sixty (60) days (as may be determined by The Commissioners) after the date of the hearing and passage of the resolution authorizing the loan by The Commissioners.
The purpose of such Special Election shall be to vote for or against the proposed loan.
The Commissioners shall give notice of the time and place for holding the said Special Election to all the taxables of the City of Rehoboth Beach by posting notices thereof in five public places in said City at least two weeks prior to the day fixed for the holding of such Special Election, and by publishing a copy of such notice once each week during those two weeks immediately preceding that week during which the day fixed for the holding of such Special Election shall fall in a newspaper published in the City of Rehoboth Beach. Such notice of the Special Election shall likewise contain the same information with respect to the borrowing as required to be contained in the original resolution proposing the borrowing, excepting a statement of the time and place for a public hearing upon the resolution, whereas The Commissioners of Rehoboth Beach shall vote upon the final authorization for the loan.
The Special Election shall be conducted by an election board whose members shall be appointed or selected in the same manner and they shall have the same qualifications as hereinbefore provided in the case of annual elections of the City.
At least five days prior to the date of the Special Election, The Commissioners shall cause to be prepared, printed and have available for distribution, a sufficient number of ballots: upon one-half of which ballot shall be printed the words "FOR THE PROPOSED BORROWING", and upon the other half of said ballot shall be printed the words "AGAINST THE PROPOSED BORROWING", and a box shall be provided after each and the voter instructed to place an "X" in the box provided after the choice he wishes to cast his vote.
At such Special Election every person who would be entitled to vote at an annual election if held on that day shall be entitled to one vote for every dollar and fractional part of a dollar of tax paid by him or her respectively during the fiscal year ending on June 30th next preceding said Special Election and also every owner of property, whether individual, partnership or corporation, shall have one vote for every dollar or part of a dollar of tax paid upon such property, during the fiscal year ending on June 30th next preceding said Special Election. Votes at said Election may be cast either in person or by proxy and where a given property is owned by more than one person each parcener shall be entitled to cast as many votes as his, her, or its interest in the property is related to the total number of votes which may be cast in the name of all owners of such property, excepting in cases where property is held by husband and wife as tenants by the entireties. In such latter cases either the husband or wife or the proxy of either of them may cast the entire votes representative of the tax paid upon such property, depending upon which shall first present himself or herself at the polling place.
No proxy shall be voted or counted unless the same shall have been signed in the presence of at least two witnesses and sworn to before a Notary Public.
The Inspector of the Election shall deposit all ballots in the ballot box provided for that purpose in the presence of the person casting such ballot; he, the said Inspector, first writing upon the outside of said ballot the number of votes being cast thereby by the person casting said ballot.
Immediately upon the closing of the polls the Special Election Board shall count the votes for and against the proposed borrowing and shall announce the result thereof, and shall make a certificate under their hands of the number of votes cast for and the number of votes cast against the proposed borrowing and shall deliver such Certificate, in duplicate, to The Commissioners. One copy of the Certificate The Commissioners shall enter in the minutes of the next meeting of The Commissioners of Rehoboth Beach and the other copy thereof shall be filed with the papers of The Commissioners of Rehoboth Beach.
The form of the bonds or certificates of indebtedness and the thereunto attached coupons, if any, the time or times of payment, the time or times of payment of interest, the classes, the series, the maturity, the registration, any callable or redeemable feature, the denomination and the name thereof and any other relative or pertinent matters pertaining thereto shall all be determined by The Commissioners of Rehoboth Beach. The bond or bonds or certificate or certificates of indebtedness shall be offered for sale to the best and most responsible bidder, therefor after advertisement in a newspaper of the City and otherwise if the Commissioners shall deem it necessary for at least fifteen days before offering the same for sale; Provided, that money may be borrowed to meet current operating expenses as hereinbefore provided by sub-section 2 of the third paragraph hereof, at public or private sale, without first advertising the offer of any such bonds or certificates of indebtedness for sale.
All bonds or certificates of indebtedness forming a single issue need not be offered for sale at a single sale but any given issue of bonds or certificates of indebtedness authorized as hereinbefore provided may be advertised and sold in whole or in part, from time to time and until the entire authorized issue be disposed of, as The Commissioners of Rehoboth Beach may deem most advisable.
The Commissioners so enrolled shall provide in its budget and in fixing of the rate of tax, or otherwise, for the payment of principal of such bond or bonds or certificate or certificates of indebtedness at the maturity thereof together with the interest due or which may hereafter become due thereupon and, in a proper case, it shall also provide a sinking fund therefor.
Unless any such bond or bonds or certificate or certificates of indebtedness shall otherwise provide therein, the faith and credit of the City of Rehoboth Beach shall be deemed to be pledged for the due payment of any such bond or bonds or certificate or certificates of indebtedness and interest thereon according to its terms when and after the same have been duly and properly executed, delivered and due value received therefor.
In no event shall the indebtedness of the City of Rehoboth Beach, for any and all purposes, at any one time exceed, in the aggregate, fifteen per centum of the assessed value of all real property situated within the confines of the City limits and subject to assessment for the purpose of levying the annual tax hereinbefore provided.
Section 40 Cont'd. In the event any public property or estate of the City of Rehoboth Beach and/or The Commissioners of Rehoboth Beach shall be destroyed or damaged to any extent whatever by fire, wind, flood or other catastrophe or calamity arising from forces outside of human control, The Commissioners of Rehoboth Beach shall be, and they hereby are, authorized to fix a date or dates for the holding of any such Special Election and any Special Election may be held at any time during any calendar year for the purpose of voting for or against a proposed loan or loans which shall be required to raise all such funds as may be necessary to repair and/or replace any and all such public property or estate so destroyed or damaged.
SALE OF PROPERTY
Section 41. All unsold real estate within the limits of the present City of Rehoboth Beach shall continue to be vested in The Commissioners of Rehoboth Beach under this Charter, subject, however, to the liens thereon already existing, and The Commissioners of Rehoboth Beach shall control and have charge of the same, and are hereby authorized and empowered to sell and dispose of the same in such manner and upon such terms as they deem advisable and advantageous and to execute a good and sufficient deed or deeds in fee simple, or for a lesser estate, to the purchaser or purchasers thereof. The Commissioners of Rehoboth Beach shall have the power to plot and lay-out streets or avenues in, upon and through any unsold or unplotted real estate.
The Commissioners of Rehoboth Beach are hereby authorized and empowered, in its discretion, to sell and convey or lease to any responsible person or persons, firm or firms, association or associations, or corporation or corporations any or all real and personal property, or both, now or hereafter owned by The Commissioners and use for generating, manufacturing or furnishing, light, heat, power, water, gas, electric current, sewage disposal, sewage treatment plant, or any other purpose, and to execute to the purchaser or purchasers thereof proper deeds or bills of sale or other legal assurances of title for the same; provided, however, that before The Commissioners shall sell or convey any real or personal property owned by the City, or any interest therein owned by the City, for any sum in excess of Two Thousand ($2,000.00) Dollars, that may now, or hereafter be owned by The Commissioners of Rehoboth Beach, and used for any purpose whatsoever, it shall be advertised for two full weeks in two papers of general circulation in the City of Rehoboth Beach and by posting Notice in at least five public places within the City for more than ten (10) days, and sold at public auction conducted on the premises or in front of the City Hall. Provided, however, that the said sale must be confirmed by The Commissioners at their next regular meeting held thereafter at which time the sale may be set aside if the sale price is determined to be grossly inadequate.
EXEMPTION OF PROPERTY FROM TAXATION
Section 42. The Commissioner of Rehoboth Beach shall, within its sound discretion, have the authority, by ordinance, or by resolution, to exempt, relieve, release, and exempt any person, firm, association or corporation from the payment of any or all taxes, assessments, license fees, or other charges due the City for a period of not longer than ten (10) years; provided, any such person, firm, association or corporation shall initially expend, by way of permanent improvement or improvements in the City, for the promotion of any enterprise, whether it be business, pleasure, social, or otherwise, an amount equal to not less than Fifty Thousand ($50,000.00) Dollars.
CONTRACTS
Section 43. The Commissioners, in respect to the exercise of any of its powers or authority to enter into contracts for the rendering of personal service to the City, or the purchase of supplies or the doing of work for any municipal purpose for the City, shall be bound by the following rules, regulations and limitations (provided that nothing herein contained shall be construed to in any way affect or impair the right of The Commissioners under the supervision of the City Manager to carry out or complete any project on its own initiative irregardless of the amount or cost involved):
1--No contract shall be made by The Commissioners for any purpose, the contract price of which is in excess of $500 without public competitive bidding.
2--Contracts shall be awarded to the lowest responsible bidder but, The Commissioners may refuse or reject any and all bids for any cause deemed by it to be unadvantageous to the City.
3--All formal contracts shall be signed by the President of The Commissioners of Rehoboth Beach, who shall affix thereto the municipal corporate seal of The Commissioners of Rehoboth Beach, attested by the Secretary of The Commissioners of Rehoboth Beach.
PAYMENT OF CHARGES DUE THE TOWN BY WORK
Section 44. The Commissioners of Rehoboth Beach are empowered, upon the approval of the City Manager, to provide for the payment of all or any taxes, fines, penalties, forfeitures or other charges due the City by the performance of labor for the City by those who may owe any such taxes, fines, penalties, forfeitures or other charges, and to make proper regulations and rules therefor. Such rules and regulations shall not be binding upon the City Manager, nor shall he be forced thereby to hire any person or employee except that the same shall first have met his approval.
Section 44--a. No action, suit or proceeding shall be brought or maintained against The Commissioners of Rehoboth Beach for damages, either compensatory or punitive, on account of any physical injury or injuries, death or injury to property by reason of the negligence, simple, gross, willful or wanton of the said The Commissioners of Rehoboth Beach 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 days from the happening of such injury or the suffering of such damage, shall notify The Commissioners of Rehoboth Beach in writing of the time, place, cause, character and extent of the injuries sustained so enrolled or damages suffered.
COMPENDIUM
Section 45* It shall be the DUTY of The Commissioners, at reasonable time, or times, to compile the ordinances, codes, orders, and rules of The Commissioners of Rehoboth Beach. It shall have a reasonable number of copies printed for the use of the officials of the City and for public information. From time to time, upon the enactment of new ordinances, codes, rules and regulations, or upon the enactment of amendments to the same, The Commissioners shall enroll the same in the minutes of The Commissioners and shall keep copies of the same in a book to be provided for that purpose so that the same may be readily examined. It shall furnish to the Mayor of the City of Rehoboth Beach copies thereof as they are enacted; and therefrom may cause supplements to be compiled and printed to any compendium thereof heretofore printed as above provided.
INVESTIGATION
Section 46. The Commissioners of Rehoboth Beach shall have the power to inquire into and investigate the conduct of any office, officer or employee of the City and to make investigations of all municipal affairs, and, for any such purpose or purposes, shall have the power to subpoena witnesses, administer oaths and compel the production of books, papers or other evidence.
Section 46--a. If at any given time that any notice required by this Act and/or any ordinance, rule, regulation or resolution adopted in pursuance thereof to be published in a newspaper published in the City of Rehoboth Beach, there shall then be no newspaper published in said City, or a temporary or other secession of publication by all newspapers published in said City, then in any such event The Commissioners of Rehoboth Beach shall select a newspaper of general circulation, published outside of said City but within the limits of Sussex County, Delaware, and such notice shall be published in the newspaper so selected by The Commissioners of Rehoboth Beach. Further, in any such event, any notice published in the newspaper so selected by The Commissioners of Rehoboth Beach, as aforesaid, conclusively shall be deemed to have been published in full compliance of this Act and/or any ordinance, rules, regulation or resolution adopted in pursuance thereof in respect of the publication of such notice in a newspaper, notwithstanding anything hereinbefore or hereinafter contained to the contrary.
Section 2. Excepting as may be herein provided expressly to the contrary, every and all Sections or parts of Sections of this Act shall become effective immediately upon its approval.
Section 3. The authority vested in The Commissioners of Rehoboth Beach and the taxables of the City of Rehoboth Beach by Section 1 of this Act shall apply with equal force and effect to all loans which may be required to raise funds necessary to replace and/or repair all such public property or estate as might have been so destroyed or damaged at a time or times preceding the enactment and approval of this Act as well as at a time or times after the date of the enactment and approval hereof.
Section 4. All Acts or parts of Act inconsistent with or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency only.
Section 5. If any part of this Act shall be held invalid or unconstitutional, such holding shall not be deemed to invalidate the remaining provisions hereof.
Section 6. This Act shall be taken as and deemed to be a public act of the State of Delaware.
SURVIVAL OF POWERS AND VALIDATING SECTION
Section 47. All powers conferred upon or vested in the Town of Rehoboth Beach or The Commissioners of Rehoboth Beach by any Act or Law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon and vested in the City of Rehoboth Beach and/or The Commissioners of Rehoboth Beach precisely as if each of said powers was expressly repeated in this Charter.
All ordinances adopted by The Commissioners of Rehoboth Beach and in force at the time of the approval, acceptance and going into effect of this Charter are continued in force until the same or any of them, shall be repealed, modified or altered by The Commissioners of Rehoboth Beach under the provisions of this Charter.
All the acts and doings of The Commissioners of Rehoboth Beach or of any official of the City of Rehoboth Beach which shall have been lawfully done or performed under, the provisions of any Law of this State or of any ordinance of The Commissioners of Rehoboth Beach, prior to the approval, acceptance and going into effect of this Charter, are hereby ratified and confirmed, unless otherwise provided herein.
All taxes, assessments, license fees, penalties, fines, forfeitures due The Commissioners of Rehoboth Beach or The City of Rehoboth Beach shall be due the City of Rehoboth Beach or The Commissioners of Rehoboth Beach, and all debts due from the City or The Commissioners shall remain unimpaired until paid by the City of Rehoboth Beach or The Commissioners of Rehoboth Beach.
All powers granted by this Charter in respect to the collection of taxes, license fees, assessments or other charges shall be deemed to apply and extend to all unpaid taxes, license fees, assessments or other charges heretofore lawfully imposed by The Commissioners of Rehoboth Beach.
The Bonds given by or on account of any official of the City of Rehoboth Beach shall not be impaired or affected by the provisions of this Charter.
All acts or parts of Acts inconsistent with or in conflict with the provisions of this Charter are hereby repealed.
If any part of this Charter shall be held to be unconstitutional, such holding shall not be deemed to invalidate the remaining provisions of this Charter.
The Charter shall be taken as and deemed to be a Public Act of the State of Delaware.
Approved December 20, 1963.