CHAPTER 161 - REHOBOTH
AN ACT CHANGING THE NAME OF "THE TOWN OF REHOBOTH" TO "CITY OF REHOBOTH BEACH", ESTABLISHING A CHARTER THEREFOR, AND REPEALING CHAPTER 247 OF VOLUME 27, LAWS OF DELAWARE, BEING ENTITLED "AN ACT CREATING A BOARD OF PUBLIC WORKS FOR THE TOWN OF REHOBOTH, WHICH SHALL ESTABLISH, CONTROL AND REGULATE A WATER WORKS SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS."
Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each Branch thereof concurring therein):
TERRITORIAL LIMITS
Section 1. The limits and bounds of the City of Rehoboth Beach are hereby established and declared to be as follows:
Beginning at the Northeast line of the present Town of Rehoboth, 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; thence by and with the said present line in an Easterly direction, to the point of beginning.
The Commissioners of Rehoboth 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, signed by the President, who sha.11 affix thereto the municipal corporate seal of the City, attested by the Secretary of the said The Commissioners of Rehoboth, 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.
MUNICIPAL CORPORATE NAME AND GENERAL POWERS THEREOF
Section 2. The Commissioners of Rehoboth now in Office, and their successors hereinafter chosen under the provisions of this Charter, within the limits and boundaries referred to in Section 1 of this Charter, or within the limits and boundaries hereafter established, shall be, and they are hereby created, a body politic and corporate in fact and in Law and Equity, by the name, style and title of "THE COMMISSIONERS OF REHOBOTH", 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; and, for the purposes of this Charter, hereinafter to be set forth, to take, hold, receive and enjoy any lands, tenements and hereditaments, 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; may appoint such Officers and agents as shall be deemed necessary or convenient for the management of the affairs of the City and may fix and determine the compensation of such officers and agents.
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 well-being 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.
All actions, suits and proceedings shall be brought in the name of "THE COMMISSIONERS OF REHOBOTH."
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, 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.
STRUCTURE OF THE GOVERNMENT
Section 3. 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. The Commissioners of Rehoboth shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Commissioners shall have the title of Mayor of Rehoboth, with duties hereinafter to be prescribed, and who shall also be President of The Commissioners of Rehoboth. Each of the Seven (7) Commissioners of Rehoboth 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 within the corporate limits of the City of Rehoboth Beach. The Commissioner with the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth shall be a bona fide resident of the City of Rehoboth Beach. Removal from the State of any Commissioner required by the provisions of this Charter to be a resident of the State of Delaware, shall ipso facto, vacate his office. Removal of his domicile from the City of Rehoboth Beach by the Commissioner with the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth, required by this Charter to be a bona fide resident of the Town of Rehoboth, shall, ipso facto, vacate his office. If, at any one time, more than three (3) incumbents of the office of Commissioner 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.
No compensation shall be paid to Commissioners. This shall not be construed to deprive The Commissioner with the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth of fees and stipends hereinafter to be provided in certain designated instances, nor to deprive the Secretary of The Commissioners of Rehoboth of his right to receive compensation as such Secretary.
ELECTION IN GENERAL
Section 4. The present Commissioners and other officers now serving are by this Charter appointed to serve and shall continue to serve as The Commissioners of Rehoboth 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 July, A. D. 1937, in accordance with Sections 6 and 7 of this Charter, four (4) Commissioners shall be elected; three (3) of whom shall be elected for the term of two years to succeed the expired term of John Le Cato, Joseph H. Quillen and A. Frank Joseph, and one of whom, who shall have the title of Mayor of Rehoboth, with duties hereinafter prescribed, and who shall also be President of The Commissioners of Rehoboth, shall be elected for the term of one year to succeed the expired term of Frederick A. Ross, who is hereby designated as Commissioner of Rehoboth with the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth until his successor shall have been duly elected and qualified. At the annual election held on the second Saturday of July, A. D. 1938, as provided for in Sections 6 and 7 of this Charter, four (4) Commissioners shall be elected; three (3) of whom shall be elected for a term of two years to succeed the expired term of D. Franklin Quillen, Lammot duPont, Jr., and Frank L. Walker, and one of whom, who shall have the title of Mayor of Rehoboth, with duties hereinafter prescribed, and who shall also be President of the Commissioners of Rehoboth shall be elected for the term of one year to succeed the expiring term of such Commissioner as shall have been duly elected to that office at the annual election held in the year 1937. Thereafter, on the second Saturday of July in each and every year, four (4) Commissioners shall be elected; three (3) of whom shall be elected for two year terms and one of whom, who shall have the title of Mayor of Rehoboth, with duties hereinafter prescribed, and who shall be President of The Commissioners of Rehoboth, shall be elected for a one year term.
ELECTIVE OFFICES
Section 5. The six offices of Commissioner of Rehoboth and the one officer of Commissioner of Rehoboth with the title of Mayor of Rehoboth, with duties hereinafter to be prescribed, and who shall also be President of The Commissioners of Rehoboth shall be elective. All other offices shall be appointive and the person or persons filling such appointive offices shall be appointed by The Commissioners of Rehoboth in the manner hereinafter to be prescribed. Six offices of Commissioner of Rehoboth shall be for a two year term. The office of Commissioner of Rehoboth with the title of Mayor of Rehoboth and who shall also be President of The Commissioners of Rehoboth shall be for a one 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 but also that he seeks that office with the title of Mayor of Rehoboth, with duties hereinafter to be prescribed, and with the title of President of The Commissioners of Rehoboth.
The qualifications for the office of Commissioner of Rehoboth as well as the office of Commissioner of Rehoboth having-the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth shall be as set forth in Section 3 of this Charter.
In the case of a vacancy created in any office of Commissioner of Rehoboth or in the office of Commissioner of Rehoboth having the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth, either by death, resignation, loss of residence in the City of Rehoboth Beach, or other disqualifying event, or otherwise, The Commissioners of Rehoboth shall fill such vacancy for the residue of the whole term: provided, however, if a vacancy shall be created in an office of Commissioner of Rehoboth, the unexpired term of which office shall be for more than one year, The Commissioners of Rehoboth shall appoint some suitable and qualifying person to serve until the next annual election, at which time there shall be elected a suitable and qualifying person to fill the unexpired term of said office.
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 as in the case of other vacancies.
NOMINATIONS TO ELECTIVE OFFICES
Section 6. 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 Saturday preceding the annual municipal election.
Whenever a petition nominating a person for the office of Commissioner of Rehoboth, or the office of Commissioner of Rehoboth who shall have the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth, 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 shall be judge of his qualifications as prescribed by this Charter and, on the evening of the Saturday preceding the next regular municipal election, between the hours of 8 and 10 P. M., The Commissioners of Rehoboth shall sit in open meeting to judge of the qualifications of candidates so nominated.
No nominating petition shall designate more than one person to be voted for as a Commissioner of Rehoboth or as Commissioner of Rehoboth with the title of Mayor of Rehoboth and President of The Commissioners of Rehoboth.
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.
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.
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
Section 7. Annual municipal elections shall be held on the second Saturday in the month of July from 1 o'clock P. M. until 6 o'clock P. M., 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.
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 ballots 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.
Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) judge of the Election and two (2) Inspectors of the Election. The Judge and Inspectors 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.
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, and against whose property there shall be no due and unpaid taxes, assessments or other charges due the City, whether a resident of the State of Delaware 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 any such election, shall have one vote, if all town taxes, assessments and charges levied against such person shall be paid at the time of such election. All votes shall be offered in person. No voter shall vote for more candidates than are offices to be filled at the election, and in voting shall cross out the names of all candidates for whom he or she does not desire to cast his or her vote.
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.
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.
In the event of a tie vote for any office, the Election Board shall determine the tie by lot.
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.
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. The Commissioners of Rehoboth, at noon, on the first Saturday in August 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. 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 Rehoboth and President of the Commissioners of Rehoboth shall assume the chair of the office of President of the Commissioners of Rehoboth. 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.
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 Force, 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.
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.
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 MEETINGS
Section 9. The Board of Commissioners shall hold one annual meeting in each month. Special meetings shall be called by the Secretary upon the written request of the President of The Commissioners, or upon the written request of any two members of The Commissioners, stating the day, hour and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the 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 President 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.
In the event of the absence of the Secretary and Assistant Secretary at such time as any such special meeting should be called, the President 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 President or any two (2) members shall be as effective as though issued by the Secretary or Assistant Secretary.
The Commissioners of Rehoboth 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.
All meetings shall be held in some public room in the City of Rehoboth Beach and shall be open at all times to any of the lawful voters of the City.
QUORUM
Section 10. A majority of the members elected to The Commissioners of Rehoboth 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.
Section 12. It shall be unlawful for the said The Commissioners of Rehoboth 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 PRESIDENT AND MAYOR
Section 13. The Mayor of Rehoboth and the President of The Commissioners of Rehoboth shall be sworn or affirmed to perform the duties of his office with fidelity.
He shall be the 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.
In the performance of his duties as President of The Commissioners of Rehoboth, he shall be known and designated as President of The Commissioners of Rehoboth and in executing any deed, lease, contract, warrant on the Treasurer, or other papers and instruments in writing necessary for him, as such President, to sign, he shall sign and execute the same as President.
As a Commissioner of Rehoboth and as President of The Commissioners of Rehoboth, 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 desires 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.
In addition to his powers and duties as President of The Commissioners of Rehoboth, 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 $100.00, and shall not commit to prison for a longer term than thirty days. 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.
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.
Upon the expiration of his 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.
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 Commissioners; 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 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. 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. 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. He shall file and keep in a safe place the seal of The Commissioners of Rehoboth and all papers and documents arising out of the proceedings of The Commissioners of Rehoboth 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 when authorized by The Commissioners and shall perform such duties and have such other powers as may be prescribed by ordinance.
All books, records and journals of the corporation in the custody of the Secretary may, in the presence of the President, Secretary, Assistant-Secretary, or any member of the Commissioners of Rehoboth be inspected by any freeholder of the City desiring legitimate information at any time, or times, as may be convenient.
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.
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.
THE TREASURER
Section 16. A Treasurer of the City of Rehoboth Beach shall be appointed by The Commissioners of Rehoboth 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.
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.
The compensation to be received by the Treasurer of Rehoboth shall be fixed by The Commissioners of Rehoboth.
The Treasurer shall file with The Commissioners of Rehoboth, a Bond with corporate surety, approved by The Commissioners in the sum of not less than $25,000.00 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 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 Com, missioners of Rehoboth.
The Treasurer shall be the custodian of all the funds of the City. He shall deposit them in banking institutions prescribed by The Commissioners.
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 ask becomes due, and for retiring the Bonds in accordance with the provisions of the aforesaid Act.
The Treasurer shall pay out no money except upon check or warrant countersigned by the President of The Commissioners of Rehoboth and authorized by The Commissioners of Rehoboth.
He shall keep a true, 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.
The Treasurer shall perform such other duties as The Commissioners of Rehoboth may from time to time prescribe or require.
CITY MANAGER
Section 17. The Commissioners of Rehoboth shall appoint a City Manager who shall be Chief Administrative Officer of the City.
He shall not, when appointed, be a resident of Sussex County. His qualifications for that office shall meet the approval of The Commissioners of Rehoboth; 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 shall, 'during the time for which elected, be chosen as City Manager.
The City Manager shall be appointed for an indefinite term but shall be removable at the pleasure of The Commissioners of Rehoboth. 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.
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.
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 terms. 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.
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 is his charge. To that end, neither The Commissioners nor any of its committees or members shall direct or request the 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.
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.
In conjunction with the President of The Commissioners, 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.
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 streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks and other public 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.
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.
He shall give The Commissioners of Rehoboth 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, 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.
AUDITORS
Section 18. Three Auditors of Accounts, who may or may not be residents but who shall be substantial freeholders 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.
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 Rehoboth, 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 second' Saturday in June, 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 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. 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 appointment, and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board.
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.
The power to adopt ordinances relating to the health of the population of the City, or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the same, shall extend to the area outside of the City within one mile from said limits.
POLICE FORCE
Section 21. 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.
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 limitation.
Every person sentenced to imprisonment by the Mayor 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.
In the case of any arrest at a time when the Mayor of Rehoboth 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. In case of an arrest at the time when the Mayor of Rehoboth, 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, or the Justice of the Peace, to hear and determine the charge against such person.
It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblages of persons in the streets 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 for hearing thereon.
It shall be the duty of The Commissioners to appoint a Rehoboth 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.
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.
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.
The compensation to be received by the Rehoboth 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.
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.
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. At the annual organization meeting of The Com: missioners of Rehoboth, held on the first Saturday in August next succeeding the annual election, in each and every year, it shall be the duty of The Commissioners of Rehoboth 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.
On good behavior, the term of office for each member of the Board of Assessment shall be one year and shall expire on the first Saturday of August on the year succeeding their said appointment.
They shall be sworn or affirmed by the Mayor of Rehoboth, 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 situate 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.
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.
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. The Board of Assessment shall, prior to the first Monday in June, A. D. 1937 and prior to the first Monday of June of each year thereafter, make a just, true and impartial annual valuation or assessment of all real estate within the City of Rehoboth. 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. The principal improvements thereon shall be specified. 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.
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 owning real estate within the limits of the City whether he be a resident or non-resident owner of said real estate; said personal assessment shall be determined by The Commissioners and certified to the Board of Assessment; provided, however, that in no event shall said personal assessment or per-capita tax exceed the sum of $1.00 per person. Said personal assessment or per-capita tax, in the case of both resident and nonresident real estate owner, shall be in addition to the assessment levied on the real estate so owned by and assessed against them.
The Board of Assessment, after making such annual assessment, shall, on the first Monday of June, aforesaid, deliver to The Commissioners of Rehoboth 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.
The annual assessment list shall distinguish the real and the personal assessment of each person and shalt 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.
The real property of the several members of the Board of Assessment shall be assessed by The Commissioners of Rehoboth.
Immediately upon receiving the annual assessment list from the Board of Assessment, The Commissioners of Rehoboth 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, 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 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.
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. At the first regular meeting in July, after having revised and completed the assessment, The Commissioners of Rehoboth, shall determine and ascertain, according to their best judgment and knowledge, the amount necessary to be raised in said City for the year to be used for the purposes of the improvement and current expenses only. At such meeting, they are hereby authorized and empowered to levy and collect a tax, not exceeding in any one year Seventy-Five Thousand ($75,000.00) Dollars on the assessed valuation on all the real estate within the limits of the City, excepting lands belonging to the City. All such taxes shall be levied and raised on the real estate in just and equal proportions in accordance with the assessment fixed thereon by the Board of Assessment and revised and completed by The Commissioners sitting as a Board of Appeals.
The Commissioners of Rehoboth are likewise hereby authorized and empowered to levy and collect, in the same manner as taxes against real estate, a personal or per-capita tax upon all persons as hereinbefore provided in Section 23 of this Charter. Said personal or per-capita tax shall not exceed, in any one year, the sum of $1.00 for each person so assessed and the proceeds therefrom shall likewise be used for the purposes of improvement and current expenses only.
Immediately after the first regular meeting in July of each and every year, The Commissioners shall at once make or cause to be made a full, true and correct annual tax list showing the amount of tax against each taxable thereon. This list shall be known as the annual tax list of the City of Rehoboth Beach, in addition to the information contained on the assessment list, shall likewise contain information as to the rate of tax on real estate per $100.00 of assessed valuation thereof. 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.
The Commissioners of Rehoboth shall also have the right to levy and collect taxes on all telephone, telegraph, power poles, gas pipes, gas mains, water-pipes and water mains, and other erections of like character erected or laid beneath the surface of the streets within the limits of the City, together with the wires and appliances thereto or thereon attached that are now assessable and taxable and, to that end, may, at any time, direct the same to be included in or added to the annual assessment list. In case the owner or lessee of such poles shall refuse or neglect to pay the taxes that may be levied thereon, the said taxes may be collected by the City Manager as in case of other taxes and The Commissioners shall have authority to cause the same to be removed.
Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any assessment heretofore laid or done or in any way to affect 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 the City of Rehoboth Beach and the same are hereby declared to be valid, binding and vested in the City of Rehoboth Beach created hereby.
COLLECTION or ANNUAL TAXES
Section 25. 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.
All taxes so laid or imposed by The Commissioners of Rehoboth 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 situate 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.
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.
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 mouths of July and August, in each year, for the purpose of receiving taxes.
In the collection of said taxes, the said City Manager shall deduct five (55) 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 (15) 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 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 said 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 Commissioners. 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.
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. 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. 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 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.
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 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 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.
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 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.
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 Board of Assessment 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.
(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 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 provisions 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.
On or before the regular monthly meeting of The Commissioners to be, held in the month of February of each and every year, the Board of Assessment 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.
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 alterations and corrections;r1 said list as said Commissioners may deem proper: provided, such alterations and corrections shall be in compliance with this Charter and in compliance with the provisions of Chapter 119, Volume 38, Laws of Delaware.
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.
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.
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.
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."
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.
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.
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.
In respect to the collection of all amounts due under any such scrap sewer assessment, the City Manager shall have all the rights and powers 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 27. 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.
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 institute suit before any Justice of the Peace of the State of Delaware, in any of the Counties of the State, or before the Mayor of the City, 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.
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 a date prior to the time of the attachment of the said tax liens.
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 he 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, as aforesaid, or the Mayor of the City, as aforesaid. This process shall be deemed to be in the nature of a garnishment proceedings.
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 Rehoboth, 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.
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, licensee, 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 at his last known post office address, together with a notice 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.
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.
The petition shall be filed by the City Manager and shall be verified before a Notary Public.
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.
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.
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.
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.
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.
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 the 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.
The cost of the deed shall not be chargeable as costs but shall be paid by the purchaser.
If the owner of any lands and tenements against which a tax shall be levied and assessed shall be unknown this fact shall be stated in the advertisement of sale and in the Petition to the Court.
If any person is assessed for several parcels of land and tenements in the same assessment the total of said taxes, assessments, 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. The fiscal year for the City of Rehoboth Beach shall be from July 1st of one year to June 30th of the succeeding year.
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 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.
The Budget shall contain the following information:
(1) A detailed estimate showing the expenses 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.
The Commissioners shall, so far as possible, adhere to the Budget so adopted in the making of appropriations.
ENUMERATION OF POWERS
Section 29. By ordinance, rules, regulations, resolutions, and by-laws, or amendments to the same, The Commissioners of Rehoboth, for the good government and welfare of the City, shall have the following powers (which shall not be deemed to be exclusive): To prevent vice, drunkedness and immorality; to preserve peace and good order; to restrain and suppress disorderly houses, gaming houses, and houses of ill-fame, to restrain and suppress all instruments and devices for gaming; to prohibit all gaming and fraudulent devices; to prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses or other public performances and exhibitions for money and to license the same; to prevent any horse racing in any street, highway, alley or strand; to authorize the stopping and detention of any person who shall be guilty of any immoderate riding or driving of any horse, other animal, motor vehicle or other vehicle in any street, alley, highway, alley or strand; to regulate and control the parking of all vehicles upon the streets of the City; to prevent the driving of any drove or droves of horses, mules, cattle, sheep, swine or other animal through any of the streets, avenues, highways, alleys or strands of the City on the Sabbath day, and to regulate the same at all times; to establish and regulate one or more pounds and to restrain the running at large of horses, cattle, swine, goats or other animals, or geese, chickens, ducks or other poultry and to authorize the impounding and sale of the same for the penalty incurred and the cost of keeping, impounding and sale; to authorize the destruction of dogs running at large and to impose taxes on the owner of dogs; to locate, regulate and remove slaughter houses, swine pens, privies and water closets; to regulate and prohibit and practice having a tendency to frighten animals or to annoy persons on the streets or the sidewalks of said city; and to restrain drunkards, vagrants, mendicants and street beggars.
The Commissioners of Rehoboth shall, in a like manner, have the power to ascertain and establish the boundaries of all streets, avenues, highways, lanes and alleys in said City; to prevent and remove all encroachments on said streets, avenues, highways, lanes, alleys, beach or beach strands; to regulate, clean and keep in repair, the streets, highways, lanes, alleys, beach, beach strands, boardwalks, wharves, docks, sidewalks, crosswalks, sewer drains, acqueducts and water courses and to prevent and remove obstructions in and upon the same in any manner whatsoever; to level, grade, flag or re-flag, curb or re-curb, gutter or re-gutter, pave or re-pave, macadamize, gravel or shell the streets, highways, and alleys of said City, and the sidewalks, crosswalks and gutters thereof, or any of them, or any parts or sections of the same, and to prescribe the manner in which such work shall be performed; to enforce the removal of snow, ice and dirt from sidewalks and gutters by the occupant or owner thereon; to prevent or regulate the erections of any stoop, step, platform, bay window, cellar door, gate, area, descent into a cellar or basement, sign or post, or the erection of any projection or otherwise, in, over, under, or upon any street, sidewalk, or avenue and to remove the same where already erected, at the expense of the owner or occupant of the premises; to abate or remove nuisances of all kinds at the expense of those maintaining them and to compel the owner or occupant of any lot, house, building, shed, cellar or place wherein may be carried on any business or calling, or in or upon which there may exist any matter or thing, which is or may be detrimental, in the opinion of The Commissioners, or Board of Health, to the health of the inhabitants of the City; to cleanse, remove or abate the same, under the direction of The Commissioners as often as the said Commissioners or Board of Health may deem necessary for the health and well-being of the inhabitants of the City; or in a summary manner to cause the same to be done at the expense and proper cost of such owner or occupant; and such owner or occupant is hereby expressly made liable of said costs and expenses, to be collected, as hereinafter directed, from such owner or occupant in addition to any fine or penalty which he or she may be liable for maintaining such nuisance.
The Commissioners of Rehoboth shall, in a like manner, have the power to prescribe the manner in which all contracts for performing work or furnishing materials for the City shall be made and executed; to prescribe the manner in which corporations or persons shall exercise any privileges granted to them in the use of any street, avenue, highway, alley, beach or strand in said City, or in digging up any street, avenue, highway or alley, beach or strand for the purpose of laying down pipes, or for any purpose whatsoever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate; to enter into contract or contracts with, or to grant franchises, concessions, or rights to any person, firm, partnership or corporation who may apply for the use of any street, highway, avenue, lane, alley, beach or strand for the purpose of furnishing electric lights, power, gas, heat or water to said City and its inhabitants or for the construction and operation of railways, steam, motor, electrical or other powers; or to regulate, route, grant franchises to and enter into contract or contracts with any other public carrier or for the construction and operation of sewer or other sanitary systems of drainage or for the erection of wharves or piers; to regulate, protect and improve the public grounds of said City to provide lamps to light the streets in public places of every description in said City: co erect and regulate wells, pumps, aqueducts and cisterns in the public streets; to prescribe and regulate the places of vending or exposing to sale wood, hay, straw and other articles of merchandise from wagons or other vehicles.
The Commissioners of Rehoboth shall, in like manner, have the power to direct and regulate the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds in said City and to authorize and prohibit the removal or destruction of said trees; to direct the digging down, draining, filling-up or fencing of lots, tracts, pieces or parcels of ground in, said City, which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter; to prescribe the manner in which such work shall be performed and to cause the expense thereof to be assessed on such lots, tracts, pieces or parcels of ground, whether improved or unimproved and to determine the time and manner in which such assessment shall be collected; for the prevention of fire and the preservation of the beauty of the City, to regulate and control the manner of building or removing of dwelling houses or other buildings, and to establish a code for the same and to provide for the granting of permits for the same and to establish a building line fur buildings to be erected; provided, that such building line shall not be established more than ten (10) feet back from the front line of lots; to zone or district the City and make particular provisions for particular zones or districts with regard to buildings or building materials, and may forbid any building except for which a building permit therefor has been obtained from and as prescribed by the Commissioners: provided, that this provision shall be deemed to include new buildings or re-buildings or addition to or alterations of existing structures of any kind, as to which the Commissioners are granted all the authorities and powers vested in the Legislative body of Cities and Incorporated Towns under and by virtue of Chapter 179 of the Revised Code of Delaware, 1935; to prohibit, within certain limits, to be from time to time prescribed by ordinance, the building or erecting of stables; to regulate the construction of chimneys, to compel the sweeping thereof; to prevent the setting-up or construction of furnaces, boilers, ovens or other things in such manner as to be dangerous; to prohibit the deposit of ashes in unsafe places and to authorize any Town Officer or Constable or person whom they may designate for that purpose, to enter upon and inspect any place or places for the purpose of ascertaining whether the same is or are in a safe condition; and if not, to direct or cause the same to be made so; to make, adopt and promulgate all rules and regulations relative to the use of any sewer in said City and the tapping thereof, including the charge and fee therefor, as they shall deem proper, and they may also adopt ordinances prescribing penalties for any injury to the said sewer system or any part thereof, or for any abuse of any privilege granted in connection therewith; to prescribe the material of private drains or sewers which shall enter into any City sewer and shall direct the manner in which they shall be laid; upon written notice from the Board of Health of the existence of a nuisance detrimental to the public health of the inhabitants of said City, stating that such nuisance can be eliminated by connecting the property upon which said nuisance exists with the sewerage system of the City, to compel the owner or owners of such property to connect such property with the sewerage system of the City, within thirty days after written notice, directed to such owner or owners.
The Commissioners shall, in like manner, have the power to regulate or prohibit the carrying on of manufactories dangerous in causing or promoting fire; to regulate or prohibit the manufacture, sale or use of fireworks, and the use of firearms in said City; to regulate or prohibit the use of candles and lights in barns, stables and other buildings; to regulate and prohibit swimming or bathing in the ocean or within waters within the limits of the City.
The Commissioners of Rehoboth, shall, in like manner, have the power and authority to collect license fees annually of such various amount or amounts as The Commissioners shall, from time to time, fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the City; provided, however, that nothing herein shall be so construed as to make it mandatory upon any resident of the State of Delaware to apply for a license in order to sell, in the. City of Rehoboth Beach, farm produce or any farm products grown on his or her farm.
The Commissioners shall also have the power and authority to levy and collect license fees upon the property of any person, firm, association or corporation carrying on business in the City and supplying the inhabitants thereof with any form or manner of services for any valuable consideration.
The Commissioners shall have the power to make and establish such other ordinances, regulations, rules and by-laws, not contrary to the laws of this State, or of the United States, as they, the said Commissioners, may deem necessary to carry into effect the powers and duties imposed upon them by this Charter or any other law of this State, and such also, as they may deem necessary and proper for the good government, protection or preservation of persons and property, or for the preservation of the public health of the City and its inhabitants.
The Commissioners shall have the power to acquire lands, tenements, property, or any interest therein, by way of condemnation proceedings, for the purposes of providing sites for public buildings, parks, sewer system, sewage treatment plant, water system, water plant, gas or electric system, gas or electric manufacturing or generating plant, and for any other public municipal purpose or purposes. The proceedings by condemnation in any such proper case shall be the same as 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.
COLLECTION OF CHARGES DUE THE CITY
Section 30. In the collection of water rents, license fees, tapping fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the City, and authorized under the provisions of this Charter, the collection of the same shall be under the supervision of the City Manager.
It shall be the duty of the City Manager to collect the same, and he shall, in conjunction with the Police Force, keep The Commissioners advised as to any and all failures or neglects to pay the same.
In respect to the amount of such unpaid water rents, license fees, tapping fees, charges growing out of the abatement of nuisances, laying and repairing sidewalks, or other charges due the City, but not in respect to any fines imposed by a judicial officer in reference thereto, 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.
Upon the receipt of such warrant from The Commissioners the City Manager shall have the same authority, remedies and powers, in respect to the collection of the same as hereinbefore provided in Section 27 of this Charter.
This shall not be constructed as a limitation upon The Commissioners to fix and establish fines, or imprisonment for a term, or other penalty, for neglects or failures in a proper case.
REMOVAL OF OBSTRUCTIONS, NUISANCES, AND UNSANITARY CONDITIONS
Section 31. 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 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.
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.
At such meeting, The Commissioners shall determine, from the return of the City Manager, the costs and expenses of all necessary works 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. 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 gutter 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.
Before any such owner shall be required to lay out a pavement, curb or gutter, or either or both, a written petition of five or more substantial freeholders of the City directed towards that end shall first have been received or obtained by The Commissioners.
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 eem 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.
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.
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 persons from whom it shall be by him collected and commanding him forthwith to coiled the same from the person or persons so specified in the warrant.
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 therein specified, and shall be forwarded to such person or persons by the mails of the United States.
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.
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 the 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.
STREETS
Section 33. The Commissioners of Rehoboth 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.
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.
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 day fixed by The Commissioners for the hearing as aforesaid.
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, 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"; which title, shall be clear and free of all liens and encumbrances.
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.
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 ensure 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 day, 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 at least five days before the day of such meeting.
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.
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, 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, 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 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 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 shall have full power and authority to re-grade, re-dress, or otherwise repair or re-build 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 upkeep 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.
JETTIES, BULKHEADS, EMBANKMENTS AND BOARDWALKS
Section 34. The Commissioners of Rehoboth 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 end 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 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 of 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 resolutions 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 strands 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 those cases contemplated by this particular Section of the Charter.
Chapter 247, Volume 27, Laws of Delaware, being entitled:
"An Act Creating a Board of Public Works for the Town of Rehoboth, Which Shall Establish, Control and Regulate a Water Works System for Said Town; Prescribing the Powers and Duties of Said Board and Providing for the Election of Their Successors", and All Supplements and amendments thereto and all other Acts or parts of acts of the General Assembly of Delaware inconsistent with the provisions of this Section are hereby repealed. This shall not be construed as invalidating, in any way, all things and acts done by or all rights accruing to, or all liabilities accruing against said Board of Public Works whether in Law, Equity or otherwise, under, by virtue of or in accordance with the provisions of that Chapter and all supplements and amendments thereto. The Commissioners of Rehoboth, under and by virtue of this Charter shall succeed to and have vested in or against it all things and acts done by, or all rights accruing to, or all liabilities accruing against said Board of Public Works, whether in Law, Equity or otherwise, under, by virtue of or in accordance with the provisions of Chapter 247, Volume 27, Laws of Delaware and all supplements and amendments thereto. As such successor, all books, records, vouchers, monies or other papers now in the possession of the Board of Public Works shall be delivered unto The Commissioners of Rehoboth within twenty (20) days after written demand therefor made by The Commissioners upon said Board. All things done, all appointments made, all contracts entered into and all agreements made by The Board of Public Works after the date of the passage of this Charter and prior to the date it shall *go into effect as hereinafter provided shall be subject.to confirmation or absolute revocation within the absolute discretion. of The Commissioners.
SEWER SYSTEM
Section 36. All the powers and authorities vested in The Commissioners of Rehoboth under and by virtue of Chapter 119, Volume 38, Laws of Delaware, are hereby vested in the Commissioners of Rehoboth under and by virtue of the provisions of this Charter.
The Commissioners of Rehoboth 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 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 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 of 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 said 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 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 conveyancers 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 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 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 seem wise to The Commissioners, to use the present and future streets, squares, alleys and lanes of the City for the purposes 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 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 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 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.
CITY JAIL
Section 39. The Commissioners of Rehoboth 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 of the right to use the jail of Sussex County for such purposes as may otherwise have been provided in this Charter.
BORROWING OF MONEY AND ISSUANCE OF BONDS
Section 40. The Commissioners may borrow money and issue Bonds or other Certificates of Indebtedness to secure the payment thereof on the faith and credit of The Commissioners of Rehoboth or upon such other security or securities as The Commissioners shall elect. The Commissioners shall have the power and authority to borrow such money or monies to provide funds for the erection, extension, enlargement, maintenance or repair of any plant, machinery, appliance or equipment for the supply or the manufacture and distribution of electricity or gas for light, heat, or power purposes; for the furnishing of water to the public; for the construction or repair of highways, streets, lanes or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers, sewer system or sewage treatment or disposal plants and equipment; for the construction, repair, maintenance of boardwalks, piers, jetties, bulkheads or embankment; or to defray the cost to the City of any permanent municipal improvement provided for or authorized or implied by the provisions of this Charter.
The power to borrow any such money or monies for any of the purposes above specified shall only be exercised in the following manner:
The Commissioners shall propose to the electors of the City, by resolution, that a stated amount of money shall be borrowed for any of the above purposes. The resolution shall specify the amount of the money desired to be borrowed, the purpose for which it shall be used, the manner in which it is proposed to be secured, the manner in which it is proposed that it shall be paid, or funded, or both, and all other pertinent facts relating thereto.
Also in the proposal The Commissioner shall fix a time and place for hearing on the resolution which shall give The Commissioners' authorization for the loan. Such proposal, containing such notice, shall be posted in five public places at least one week before the time set for said hearing.
If, at said hearing, which shall be public, The Commissioners shall pass the resolution authorizing the loan, then The Commissioners shall pass a second resolution which shall order a special election to be held not less than thirty (30) days and not more than sixty (60) days after the date of the hearing and passing of the resolution authorizing the loan by The Commissioners. The purpose of the special election shall be for the purpose of voting for or against the proposed loan. No date shall be fixed by The Commissioners for the holding of any such special election nor shall any such special election, as hereafter provided, be held during any calendar year except during the calendar months of July. and August of any calendar year.
The Commissioners shall give notice of the time and place for holding the said special election to the electors of the City by posting notices in five public places for two weeks prior to the special election. The special election shall be conducted by an Election Board whose members shall be appointed and shall have the same qualifications as hereinbefore provided in the case of annual elections of the City.
The Commissioners shall cause to be prepared, printed, and have available for distribution, a sufficient number of ballots at least five days prior to the date of the special election.
At the special election every person who had a right to vote at the next preceding annual City Election shall have one vote for every dollar and fractional part of a dollar of tax paid by him or her respectively during the year preceding said special election and every owner of property, whether individual, partnership, or corporation, shall have one vote for every dollar or part of a dollar of tax paid by said owner during the year preceding said special election and the said vote, or votes of any of them may be cast either in person or by proxy. No proxy shall be voted or counted unless the same shall have been signed in the presence of at least two witnesses.
The special Election Board shall count the votes for and against the proposed loan, 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 loan and shall deliver such certificate to The Commissioners. The Commissioners shall enter the certificate in the minutes of The Commissioners of Rehoboth and the original shall be filed with the papers of The Commissioners.
The form of Bond or Certificate of Indebtedness, the times of payment of interest, the classes, the time of maturity, and provisions as to the registration thereof shall be determined by The Commissioners. The Bond or Bonds, or Certificate 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 one month before offering the same for sale. The Commissioners shall provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of such Bond or Bonds, or Certificate of Indebtedness, at the maturity or maturities thereof and shall also provide a "Sinking Fund" therefor. Unless otherwise provided therein, the faith and credit of The Commissioners of Rehoboth shall be deemed to be pledged for the due payment of any such Bond or Bonds or Certificate of Indebtedness, and interest thereon, that shall be issued under the provisions hereof when and after the same have been duly and properly executed and delivered for due value received.
The bonded indebtedness of The Commissioners of Rehoboth shall not, at any one time, in the aggregate, exceed fifteen (15%) per centum of the assessed value of all real property situated in the City limits and subject to assessment for the purpose of levying the annual tax hereinbefore provided.
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 under this Charter, subject, however, to the liens thereon already existing, and The Commissioners of Rehoboth 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 may 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 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 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 used 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, and used for any purpose whatsoever, a special election authorizing the sale shall be in substantial conformity with the provisions of this Charter in reference to special elections held for the purpose of bonding or increasing the municipal debt of the City.
EXEMPTIONS OF PROPERTY FROM TAXATION
Section 42. The Commissioners of Rehoboth 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 authorities 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, regulation and limitations:
(1) No contract shall be made by The Commissioners for any purpose, the contract price of which is in excess of Two Hundred ($200.00) Dollars without public competitive bidding.
(2) Contracts shall be awarded to the lowest responsible bidder, but The Commissioners may refuse any and all bids for any cause deemed by it to be advantageous to the City.
(3) All formal contracts shall be signed by the President of The Commissioners of Rehoboth, who shall affix thereto the municipal corporate seal of the Commissioners of Rehoboth, attested by the Secretary of The Commissioners of Rehoboth.
PAYMENT OF CHARGES DUE THE TOWN BY WORK
Section 44. The Commissioners of Rehoboth 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.
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. 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 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 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.
SURVIVAL OF POWERS AND VALIDATING SECTION
Section 47. All powers conferred upon or vested in the Town of Rehoboth or The Commissioners of Rehoboth 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 precisely as if each of said powers was expressly repeated in this Charter.
All ordinances adopted by The Commissioners of Rehoboth 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 under the provisions of this Charter.
All the acts and doings of The Commissioners of Rehoboth or of any official of the Town of Rehoboth 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, 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 or the Town of Rehoboth shall be due the City of Rehoboth Beach or The Commissioners of Rehoboth, and all debts due from the Town or The Commissioners shall remain unimpaired until paid by the City of Rehoboth Beach or The Commissioners of Rehoboth.
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.
The Bonds given by or on account of any official of the Town of Rehoboth 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.
This Charter shall be taken as and deemed to be a Public Act of the State of Delaware.
REFERENDUM
Section 48. This charter of the City of Rehoboth Beach shall not take effect, nor shall this Charter, nor any Section, nor any provision thereof be deemed to have changed or altered, in any manner whatever, any existing Law or Laws of the State of Delaware until such time as it shall have been accepted by the electors of the present Town of Rehoboth.
On Saturday the 29th day of May, A. D. 1937, a Special Referendum Election shall be held in the present Town of Rehoboth between the hours of 1 o'clock P. M. and 6 o'clock P. M. at such public place or places as shall be determined by the present The Commissioners of Rehoboth.
The purpose of the Special Referendum Election of the present electors of the Town of Rehoboth shall be for the-purpose of voting for the acceptance or the rejection of this Charter as adopted and approved by the General Assembly of the State of Delaware. This Charter shall not be deemed to have been accepted by the electors of the present Town of Rehoboth in any other manner whatsoever save by a majority vote in favor of its acceptance cast by the electors of the present Town of Rehoboth voting at such Special Referendum Election.
At such Special Referendum Election to be held for the purpose of determining the acceptance or rejection of this Charter as approved and adopted by the General Assembly of the State of Delaware, every person, male or female, above the age of twenty-one years, who shall have been a freeholder in the Town of Rehoboth for a period of three (3) months immediately preceding such Election shall have one vote. 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 Town of Rehoboth for at least three (3) months immediately preceding such Election, shall have one vote.
The present Commissioners of The Town of Rehoboth shall give due notice of such Special Referendum Election by posting notices thereof in five (5) of the most public places within the corporate limits of the Town of Rehoboth not less than ten (10) days before the day of such Special Referendum Election. It shall also publish such notice in one (1) issue of a local newspaper published in the Town of Rehoboth, at least two weeks before the day of such Special Referendum Election. The Commissioners shall also forward a copy of such notice 'to every person, male or female, above the age of twenty-one years, who is a freeholder in the Town of Rehoboth and who is not a bona fide resident within the corporate limits of the Town of Rehoboth. The copy of such notice shall be forwarded to such person or persons by enclosing the same in a sealed or unsealed wrapper and depositing the same, with postage prepaid, in the United States mails, to the last known address of such person or persons at least ten (10) days before the day of such Special Referendum Election. Such notice shall be deemed to have been forwarded to the last known address of such person or persons if it shall have been forwarded to such person or persons at his, her, or their address as the same appears upon the assessment records of the Town of Rehoboth.
The present Commissioners of Rehoboth shall cause to be printed ballots, at least as many in number as the number of qualified electors of the Town entitled to vote at such Special Referendum Election. The ballots shall be printed in the following form:
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I hereby cast my vote TO ACCEPT the Charter of the City of Rehoboth provided for in the Act of the General Assembly entitled: "AN ACT changing the name of "The Town of Rehoboth" to "City of Rehoboth Beach", establishing a charter therefor, and repealing Chapter 247 of Volume 27, Laws of Delaware, being entitled: AN ACT creating a Board of Public Works for the Town of Rehoboth, which shall establish, control and regulate a Water Works System for said Town; prescribing the powers and duties of said Board and providing for the election of their successors."
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I hereby cast my vote TO REJECT the Charter of the City of Rehoboth provided for in the Act of the General Assembly entitled: "AN ACT changing the name of "The Town of Rehoboth" to "City of Rehoboth Beach", establishing a charter therefor, and repealing Chapter 247 of Volume 27, Laws of Delaware, being entitled: "AN ACT creating a Board of Public Works for the Town of Rehoboth, which shall establish, control and regulate a Water Works System for said Town; prescribing the powers and duties of said Board and providing for the election of their successors."
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Such ballot shall be delivered to the persons appointed or selected, at the opening of the polls, to hold such Special Referendum Election and every elector calling for a ballot and every person holding a valid and binding proxy, as hereinafter defined, shall receive a ballot from the persons holding the Election. Electors may also prepare for themselves ballots, either printed or written: provided, that such ballots shall conform to the form of ballot hereinbefore specified.
Every person, qualified to vote at such Special Referendum Election, 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 Town of Rehoboth, shall offer his or her vote in person.
Every person qualified to vote at such Special Referendum Election, who shall have been a freeholder in the Town of Rehoboth for a period of three (3) months immediately preceding such Election, and who is not a bona fide resident within the corporate limits of the Town of Rehoboth shall offer his or her vote in person or by proxy.
In a proper case, votes by proxy shall be offered and accepted in the following manner and form: The person or persons qualified and desiring to so cast their vote, shall execute a power of attorney under their hand and in the presence of two (2) witnesses. Such power of attorney shall be in the following form:
"KNOW ALL MEN BY THESE PRESENTS: That I am above the age of twenty-one years; that I am a freeholder in the Town of Rehoboth and have been for a period of three (3) months immediately preceding the 29th day of May, A. D. 1937; that I am not a bona fide resident within the corporate limits of the Town of Rehoboth; and that I am entitled to cast one vote at the Special Referendum Election to be held on the 29th Day of May, A. D. 1937.
Therefore, I do hereby constitute and appoint __________ as my attorney-in-fact and agent for me, and in my name, place and stead I empower him to receive one ballot from the Special Referendum Election Board in my name, place and stead and to cast such ballot at such Special Referendum Election in my name, place and stead, and I do sanction the casting of my ballot by him as fully as I could act if I were present, giving unto the said ________, my agent and attorney-in-fact, full power and authority in the premises.
This proxy shall remain and continue in full force and virtue until the close of the polls at such Special Referendum Election unless sooner revoked.
In Witness Whereof, I have hereunto set my hand in the presence of those two persons who have hereunto subscribed their names as witnesses thereto.
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This proxy subscribed by the elector executing the same in our presence:
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Any person or persons holding such proxy or proxies and designated therein as the person authorized to cast the vote of the elector executing such proxy, shall present the same to the Special Referendum Election Board. If the Special Referendum Election Board shall deem such proxy to have been executed in due form and manner and that the person executing the same is authorized to cast his or her vote by proxy, they shall deliver to the person presenting the same one ballot and upon such person marking such ballot the Special Referendum Election Board shall receive the same and count it in the same manner as though it had been cast by the person or persons executing the proxy or proxies.
The Special Referendum Election Board shall consist of three members, who shall be appointed by the Governor and when appointed said persons shall compose such Special Referendum Election Board. If at the opening of the polls there shall not be present the three members of the Special Referendum Election Board, or any one of them then in such case the persons qualified to vote at such Special Referendum Election and then present at the opening of the polls shall, by viva voce select a qualified elector or electors to so act as a member or members of the Special Referendum Election Board. The members of the Special Referendum Election Board shall be judges of the Special Referendum Election and shall decide upon the legality of the votes offered as well as the legality of the proxies executed by any person or persons authorized and qualified to execute such proxy or proxies.
The Special Referendum Election Board shall keep a true and accurate list of all voters voting and a true and accurate list of all persons voting by proxy and the persons designated in any such proxy as the agent or attorney-in-fact of such elector.
If a majority of the Special Referendum Election Board shall not be satisfied that any person offering to vote at the Special Referendum Election possesses the qualifications of an elector, as prescribed by this Section, they shall receive the ballot but shall not count it, or, if a majority of the Special Referendum Election Board shall not be satisfied with the validity of any proxy, as specified in this Section, they shall receive such proxy but shall refuse to deliver unto the holder thereof, or to receive from him the ballot of the person executing such proxy.
Upon the close of the Special Referendum Election, the votes shall be read and counted publicly. If a majority of the votes cast shall be in favor of the acceptance of this Charter, the Special Referendum Election Board shall declare this Charter to be in full force and effect. If a majority of the votes cast at such Special Referendum Election shall be for the rejection of this Charter, the Special Referendum Election Board shall declare this Charter to be null and void by virtue of such non-acceptance or rejection.
In the event of a tie vote, the Special Referendum Election Board shall determine the tie by lot.
Immediately after the determination of the result of the Election by the Special Referendum Election Board, the Special Referendum Election Board shall immediately execute a Certificate of Election, which shall be acknowledged before a Notary Public, and which shall state the date of holding such Election; the purpose for which such Special Referendum Election was held; the number of qualified votes cast at such Special Referendum Election; the number of votes cast for the acceptance of this Charter by the electors of the Town of Rehoboth; and the number of votes cast against the acceptance of this Charter by the electors of the Town of Rehoboth.
Immediately after the execution and acknowledgment of the aforementioned Certificate by the Special Referendum Election Board, that Board shall cause the same to be duly recorded in the Office of the Recorder of Deeds of the State of Delaware, in and for Sussex County at Georgetown, Delaware. After the same shall have been duly recorded, it shall be returned to the Commissioners of Rehoboth to be by it kept amongst the official papers of The Commissioners of Rehoboth. Such Certificate, or a duly certified copy of the record thereof, shall be prima fade evidence of the acceptance or rejection of this Charter in all Courts of Law and Equity in the State of Delaware or elsewhere.
All ballots cast, all records of the Special Referendum Election, and all proxies received by the Election Board shall be preserved in the custody of the Election Board for the period of ten (10) days. At the end of that period the Special Referendum Election Board shall deliver the same to The Commissioners of Rehoboth and they shall be preserved by The Commissioners of Rehoboth for a further period of two (2) months.
The Special Referendum Election Board shall have the power. to subpoena persons and officers of The Town of Rehoboth and any books, records and papers of The Commissioners of Rehoboth relative to the determination of the validity of any vote or votes or proxy or proxies offered.
The expenses of holding the Special Referendum Election, as set forth in this Section, shall be borne by The Commissioners of Rehoboth.
Approved April 30, 1937.