CHAPTER 167 - HARRINGTON
AN ACT CHANGING THE NAME OF "THE TOWN OF HARRINGTON" TO "THE CITY OF HARRINGTON" AND ESTABLISHING A CHARTER THEREFOR.
Be it enacted by the Senate rind 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):
NAME AND TERRITORIAL LIMITS
Section 1. The municipal corporation of the State of Delaware, now known as "The Town of Harrington", shall hereafter be known as "The City of Harrington."
The boundaries of the City of Harrington are hereby established and declared to be as follows:
BEGINNING at a point mid-way between the rails of the north bound track of the Delaware Railroad (said beginning point bears north six degrees east two thousand six hundred forty (2640) feet from a central point which central location point is mid-way between the rails of the said North bound track on a right angle line with the North side of the steel tower that supports the large water tank standing between the depot and freight house); thence running from said beginning at right angles with said railroad track north eight-four degrees West two thousand six hundred forty (2640) feet to a corner for said corporation near a public road on lands now or late of F. P. Billings; thence running a line parallel with the said Delaware road South six degrees West five thousand two hundred eighty (5280) feet to a corner on lands known as the Fleming land; thence running South eighty-four degrees East four thousand nine hundred twenty-one (4921) feet to the West line of the State Highway leading from Delmar to Dover; thence running with the West line of the said State Highway North twelve and three-quarter degrees East four hundred nine (409) feet to an angle; thence still continuing with the West line
of the said Highway North fifteen degrees and fifty-five minutes East four thousand nine hundred forty-nine (4949) feet to a corner in the West line of the said Highway; thence running North eighty-four degrees West three thousand one hundred seventy-four (3174) feet to the place of beginning.
The Council may, at any time hereafter, cause a survey and plot to be made of said City, and the said plot, when made and approved by said Council, shall be recorded in the offices of the Recorder of Deeds, of the State of Delaware, in and for Kent County, and the same, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.
Section 2. The City shall be divided into six wards: All the territory within the city limits lying south of the center of Liberty Street and east of the Delaware Railroad shall be the first ward; all the territory within the city limits lying north of the center of Liberty Street and east of the Delaware Railroad shall be the second ward; all the territory within the city limits lying west of the center of Dorman and Commerce Streets shall be known as the third ward; all the territory within the city limits lying north of the center of Liberty Street and east of the center of Dorman Street and west of the Delaware Railroad shall be the fourth ward; all the territory within the city limits lying south of the center of Liberty Street and north of the center of Clark Street and west of the Delaware Railroad and east of the center of Dorman Street until the said Dorman Street intersects with Commerce Street; then all that portion west of the center of Commerce Street until it intersects the center of Clark Street shall be the fifth ward; all that territory within the city limits lying south of the center of Clark Street and east of the center of Commerce Street and west of the Delaware Railroad shall be the sixth ward.
Section 3. (A) The inhabitants of the City of Harrington, within the boundaries defined herein, or as hereafter established, shall continue to be a body politic and corporate, by the name of "The City of Harrington", hereinafter called The City, and under that name shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may hold and acquire by purchase, gift, devise, lease, or by condemnation real property and personal property within or without its boundaries for any municipal purposes, in fee simple or for lesser estate or interest, and may sell, lease, hold, manage and control such property as its interest may require; but no property owned 'by the City, the value of which in the opinion of the City Council equals or exceeds $5,000 shall be sold or leased without the approval of a majority of the voters and taxables of the City at any general or special election called for that purpose.
In addition to any special powers herein granted the City 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, comfort and well-being of its population and the protection and preservation of property, public and private; and all actions, suits and proceedings shall be brought in the name of "The City of Harrington."
(B) The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict in any manner 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 City of Harrington shall have, and may exercise, all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter specifically to enumerate. All powers of the City of Harrington whether expressed or implied, shall be exercised as prescribed by this charter, or, if not prescribed herein, by ordinance or resolution of the City Council.
STRUCTURE OF GOVERNMENT
Section 4. The government of the City and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in a Mayor and a City Council. The City Council shall consist of six members. One of the members of the Council shall reside in that portion of the City known and described as first ward, one in that portion known as the second ward, one in that portion known as the third ward, one in that portion known as the fourth ward, one in that portion known as the fifth ward and one in that portion known as the sixth ward. No compensation shall be paid to Councilmen or to the Mayor.
ELECTIONS IN GENERAL
Section 5. (A) At the annual election held in the year 1936 there shall be elected four members of the Council, one from each of the following wards: one, three, five and six, in the manner following: one member from the first ward shall be elected for two years by the qualified voters of the City as defined in Section 6, Paragraph C of this Charter and who resides in the first ward, one member from the third ward shall be elected for two years by the qualified voters of the City as defined in Section 6, Paragraph C of this Charter and who resides in the third ward, one member from the fifth ward shall be elected for three years by the qualified voters of the City as defined in Section 6, Paragraph C of this Charter and who resides in the fifth ward; one member from the sixth ward shall be elected for three years by the qualified voters of the City as defined in Section 6, Paragraph C of this Charter and who resides in the sixth ward; and thereafter the successor of every member shall be elected from each of the six wards by the qualified voters as defined in Section 6, Paragraph C of this Charter, residing respectively in the several wards to serve for a term of three years.
(B) At the annual election held in the year 1936, the Mayor shall be elected to serve for the term of two years and thereafter his or her successor shall be elected for a term of two years.
(C) The Mayor and members of Council shall be citizens of the State of Delaware and residents and non-delinquent taxables of the City of Harrington and shall be above the age of twenty-one years.
MANNER OF HOLDING ELECTIONS AND MAKING NOMINATIONS
Section 6. (A) The annual municipal election shall be held on the second Tuesday in January in each year, from twelve (12) o'clock noon until four (4) o'clock in the afternoon, at such place as shall be determined by the Council, due notice of which shall be given by any advertisement printed in a newspaper published in the City and posted in three public places in each ward of the City, not less than ten days before the day of the annual Election.
(D) The Election shall be held under the supervision of an Election Board 'consisting of two citizens of the said City to be appointed by the Council at the last regular meeting preceding the annual election. The Election Board shall be Judges of the Election, and shall decide upon the legality of the votes offered.
(E) Every resident of the City who is over twenty-one years of age and who has resided in the City for at least six (6) months next preceding the day of election and who has been a resident of the ward wherein such vote is cast for thirty days or more next prior to the day of holding such election and who is not delinquent in respect of any tax levied by the City, shall be entitled to vote at said election.
(F) Upon the close of the Election, the votes shall be read and counted publicly, and the persons having the highest number of votes for each office shall be declared duly elected, and shall continue in office during the terms for which they are chosen, of until their successors are duly elected and qualified.
() 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, shall subscribe the same, and shall give to the persons elected certificates of Election, which book, containing such minutes, shall be preserved by the Council and shall be evidence in any Court of law or equity. All ballots cast and the records of Election shall be preserved in the custody of the Election Board for the period of ten (10) days.
(F) Any vacancy in the Election Board shall be filled by the electors present at the time of the annual election, by naming from the electors present such person or persons as shall be necessary to fill such vacancy.
(G) In event of a tie vote for any office, the election board shall determine the tie by lot.
(H) The Council shall call a meeting of the electors of the City to be held on the Friday evening preceding the annual election, due notice of the hour and place of which meeting shall be given by advertisement in a newspaper published in the City or a copy of the notice hung up in two public places for public information in each of the hereinbefore described wards not less than ten days prior thereto, for discussion of the affairs of the City. The meeting shall organize by the selection of a Chairman and a Secretary. Reports concerning the business of the City for the past year shall be read, as well as plans for improvements contemplated to be made. The meeting shall receive the names of all candidates nominated for offices of the City, but no member of Council from any ward shall be nominated except upon written petition signed by not less than ten (10) or more than twenty-five (25) qualified voters from the ward in which the nominee resides; and only such persons shall be voted for any office or submitted to the electors at the annual election whose names have been filed and received by the Secretary at said meeting. The Secretary of said meeting shall prepare and deliver to the Secretary of Council the names of all persons nominated at said meeting and the Council shall cause to be printed ballots and envelopes for use by the Electors at the annual election. The Council shall make rules and regulations concerning the voting.
ORGANIZATION OR ANNUAL MEETING OF THE COUNCIL
Section 7. At 7:30 o'clock P. M. on the Wednesday following the annual election, the Mayor and Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity. At this first Annual Meeting, the Council shall organize and thereafter shall hold meetings at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month. Special meetings may be called by the Mayor, and shall be called by him upon written request of three members of Council, and held as prescribed by ordinance or resolution; and all meetings, regular and special, shall be open to the public.
Section 8. A majority of the members elected to the Council 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.
RULES AND MINUTES OF COUNCIL
Section 9. The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings and the Yeas and Nays shall be taken upon the passage of every ordinance and resolution, and shall be entered in the journal with the text of the ordinance or resolution.
Section 10. In case of vacancy created in the Office of Mayor or Member of Council either by death, resignation, loss of residence in the City of Harrington, or otherwise, the Council shall fill such vacancy for the residue of the whole term; provided, however, if a vacancy shall be created in the office of Councilman, the unexpired term of which office shall be for more than one year, the Council shall appoint some suitable person to serve until the next annual election, at which time there shall be elected a suitable person to fill the unexpired term of said office.
Section 11. (A) The Council shall by resolution at the annual meeting appoint by a majority vote a City Manager, Secretary, Treasurer, Alderman, Acting Alderman, Auditors, Board of Health, City Solicitor, Board of Assessors, Police Force, and such other officers, employees and agents of the city which by it may be deemed proper and necessary for the proper conduct and management of the City. Any officer may be removed at any time by the City Council for sufficient cause.
(B) The Council by ordinance shall fix the salaries and compensation of employees, officers and agents of the City, and the time and manner of his or her payment; which salaries or compensations shall not be increased during the terms of said office. 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 Council.
(C) The Council 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 and term of their appointment or employment, the salary or compensation and the date of the termination of the service.
(D) The Mayor shall be the executive of the City. He shall preside at meetings of the Council, but shall have no vote except in case of tie. He shall execute on behalf of the City all agreements, contracts, bonds, deeds, leases and other documents necessary to be executed. He shall countersign all orders, checks, or warrants, authorized by Council and drawn on the Treasurer for the payment of money; and shall have all and every power conferred and perform the duties imposed upon him by this Charter and the ordinances of the City.
() The City Manager shall be neither the Mayor or member of Council. He may or may not be a resident of the City of Harrington at the time of his appointment, but before entering upon his duties he shall become a resident of the City and shall continue a bona fide resident thereof so long as he shall continue in office. He shall hold office for such term and at such compensation as Council may determine. He shall collect any and all taxes, assessments and liens which may be levied or assessed by Council; collect all bills due and owing the City for water or in any other manner, and shall also perform any other duties prescribed by the Council.
He shall recommend to Council the employment of such employees and agents of the City as in his judgment may be necessary for the proper and diligent performance by him of all of the above duties; and shall render to Council a monthly report of the condition of City affairs under his management together with such recommendations as he may deem proper, including budgeted or probable expenditures.
He shall render to Council on the first day of each and every month a true, accurate, and detailed account of all moneys collected or by him received in performance of his duties, and shall promptly turn over the same to the Treasurer of the City. He shall file with the City Council a bond with corporate surety in the sum of $5,000 approved and paid for by Council, for the faithful performance of his duties.
(F) The Secretary shall record all the proceedings of the Council and keep a correct journal of the same in a book to be provided for the purpose; and shall file and keep in a safe place the Seal of the City and all papers, and documents, relative to the affairs of the City, and deliver the same to his successor in office. The Secretary shall attest the seal of the City when authorized by Council and shall perform such duties and have such other powers as may be prescribed by ordinance. All records, books, papers, and documents in the custody of the Secretary shall be always open for the inspection of Council and the public under such regulations as Council may prescribe.
(G) The Treasurer shall be custodian of all the City funds and shall deposit them in banking institutions located in the City, as designated by the Council.
He shall pay out no money except upon check or warrant countersigned by the Mayor and authorized by the Council; shall keep a true, accurate and detailed account of all moneys received and of all moneys paid out by him; shall preserve all vouchers for moneys paid by him, and his books and accounts shall at all times be open to inspection by the Council; and he shall make such reports and at such times as the Council may direct. He shall file with the City Council a bond with corporate surety in the sum of $5,000, approved and paid for by Council, for the faithful performance of his duties.
(H) The Alderman shall be sworn or affirmed to perform the duties of his office with fidelity. In his absence or disability, or otherwise, the Council, at any meeting, may appoint an acting Alderman. He shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the limits of the City so far as to arrest and hold to bail, or fine and imprison offenders; of all fines, penalties, and forfeitures prescribed by this Charter, ordinances enacted hereunder, or any law of the State of Delaware conferring jurisdiction on the Alderman, of all neglects, omissions or defaults of any member of the police force, or other city officer, agent or employee; provided, that he shall impose no fine or penalty in excess of that fixed by the ordinance and shall not commit to prison for a longer term than thirty days. The jail of Kent County may be used for imprisonment under the provisions of this Charter, provided, that the Council shall pay for the board of persons committed for breaches of ordinances which are not breaches of the general law.
The Alderman also shall have jurisdiction in suits of civil nature, for the collection of taxes, recovery of amounts due and payable for the construction of sidewalks, curbs or pavement, 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; and within his jurisdiction he shall have all the powers and authority, and shall be subject to all the limitation of a Justice of the Peace of Kent County, except as herein otherwise provided; and his fees shall be the same as those of a Justice of Peace for like service. For any service or duty for 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, the Alderman shall forthwith deliver to his successor all books, papers, documents, and other things belonging or appertaining to his office, and shall pay over to the Treasurer all moneys in his hands belonging to the City. Upon neglect or 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 shall be fined not more than Five Hundred Dollars ($500), or imprisonment for not more than one (1) year, or shall suffer both fine and imprisonment at the discretion of the Court.
At every regular monthly meeting of the Council, the Alderman shall report in writing all fines imposed by him, and all fines and penalties and other money received by him during the preceding month belonging to the City. He shall pay all such moneys to the Treasurer within ten (10) days after making report thereof to the Council; and for failure to make report to the Council, or for failure to make payment to the Treasurer for the space of ten (10) days, he shall be deemed guilty of misdemeanor, and shall be punished, upon conviction, as hereinabove provided.
The Alderman shall keep a docket in which all his official acts shall be entered, which shall be open to public inspection and examination at all times.
The Acting Alderman shall be a Justice of the Peace, residing in the City; shall keep a separate docket, and in the absence or inability of the Alderman shall have all the powers of the Alderman' as herein provided.
(1) The Auditors shall be residents and taxables of the City and 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 the moneys of the City. They shall audit the books of the Alderman and Acting Alderman and the records of all fines, penalties and costs imposed or collected by either of them pursuant to any judgment order or decree made. The Auditors on or before the 5th day of January next following their appointment shall make and deliver a detailed report of all and every of the accounts, records and books by them examined and audited, which report shall be printed in a newspaper published in the City. The Auditors in the performance of their duties shall have access to all records of Council and the officers of the City; and are authorized and empowered to employ such clerks or accountants as in their judgment may be necessary for the proper performance of their duties.
BOARD OF HEALTH
(J) The Board of Health shall consist of three members, one of whom shall be a practicing physician in the City. The Board shall serve for one year; shall have cognizance of the interests of life and health of the people of the City; shall report to the Council in writing whatever is deemed by the Board to be injurious to the health of the people of the City, and shall also make recommendations to Council of whatever may contribute to useful sanitary information.
(K) At the annual meeting, the Council shall select a City Solicitor for the term of one year or until his successor shall have been duly chosen and qualified. The City Solicitor shall be a member of the Bar of Kent County. It shall be his duty to give legal advice to the Council and other officers of the City, and to perform other legal services as may be required of him by the Council.
(L) It shall be the duty of the Council to appoint a Police Force consisting of a Chief and such number of subordinates as the Council may deem wise; and the Council shall from time to time make rules and regulations as may be necessary for the organization, government and control of the Police Force. The members of the Force shall be subject to the direction of the Council, and may be removed by the Council 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; and they shall have such other duties as the Council 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 a Constable of Kent County, and in the case of the pursuit of an offender, their power and authority shall extend to any part of the State of Delaware.
Every person sentenced to imprisonment by the Alderman shall be delivered by a member of the Police Force to the County Jail of Kent County, or lock-up of the City, to be there imprisoned for the term of the sentence. In case of an arrest at a time when the Alderman shall not be available to hear and determine the charge, the person arrested may be delivered to either the County jail, or the City lock-up, for imprisonment until such reasonable time thereafter as shall enable the Alderman or Acting Alderman 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 Alderman or Acting Alderman, or Justice of the Peace for hearing.
Section 12. Annually in each year, and not later than the first of March, the Council shall prepare a budget containing the financial plan for conducting the affairs of the City for the ensuing fiscal year. The fiscal year shall be from January to December.
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 material on hand, together with the nature and kind of any 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. 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.
5. An estimate of the amount of money to be received from taxes, and all other anticipated income of the City from any source or sources.
The Council shall, so far as possible adhere to the budget so adopted in the making of appropriations.
ASSESSORS AND ASSESSMENT OF TAXES
Section 13. There shall be two (2) assessors appointed by Council to make General Assessment and only one to make the scrap assessment. The assessors making general assessment shall be allowed not over $75.00 each for the faithful performance of their duties. The assessor making the scrap assessment shall be entitled to not more than $50.00. They shall be sworn or affirmed by a Justice of the Peace of the City or by the Alderman 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 or residing within the territorial limits of the city.
1. In the year 1938 and every fourth year thereafter, there shall be made a true, just and impartial valuation and assessment of all the real property within the limits of the City and of all personal property subject to County taxation within the City (except farm lands to the extent that they. are exempted by the provisions of this Charter), locating each parcel. of real property by street and number, or other description, and also an assessment of all the male and female residents in the City above the age of twenty-one (21) years, whether owners or not owners of either real or personal property within its limits.
2. All assessment shall be made and completed by the Board of Assessors prior to the first day of March. The assessment made in the year 1938 and in every fourth year thereafter, shall be known as the General Assessment. In other years, there shall be made a scrap assessment, as hereinafter provided.
3. The scrap assessment shall value and assess all taxable real property and personal property in the City not already valued and assessed by the General Assessment then in force, and all improvements made upon said real property since said General Assessment and all male and female residents of the City above the age of twenty-one (21) years and not already assessed, and said assessment shall omit the names of those who have removed from the City or who have died. In the year that a scrap assessment is made, the General Assessment then in force as supplemented, or modified by the scrap assessment, shall constitute the assessment for the year.
4. The assessors shall make and deliver to the Council as soon as the assessments are made such numbers of copies thereof as the Council shall direct.
5. The property of the several members of the Board of Assessors, real and personal, shall be assessed by the Council.
6. The Council shall, prior to the Fifteenth day of March in each year, cause a copy of the General Assessment, or scrap assessment as made in said year, to be hung up in two public places in the City, and there to remain for the space of ten (10) days for public information. Attached to said copies shall be a notice of the day, hour and place that the Council will sit as a Board of Revision and Appeal; and the notice of the hanging up of the copies of the assessment and places where the same are hung up and of the day, hour, and place when the Council will sit as a Board of Revision and Appeal shall be published in at least one issue of a newspaper published in the City.
7. At the time and place designated in the notice aforesaid, the Council shall sit as a Board of Revision and Appeal to correct and revise the assessment, and to hear appeals concerning the same. They shall have full power and authority to alter, revise, add to, and take from the said assessment. The decision of a majority of the Council shall be final and conclusive; and no member of Council shall sit on his own appeal.
8. The assessment as revised and adjusted by the Council, shall be the basis for the levy and collection of the taxes for the City.
9. The Council shall also have the right to levy and collect taxes upon all telephone, telegraph, power poles, or other erections of like character erected within the limits of the City, together with the wires and appliances thereto or thereon attached, that are not assessable and taxable, and to this end, may at any time direct the same to be included in or added to the City Assessment. In case the owner or lessee of such poles or erections shall refuse or neglect to pay the taxes that may be levied thereon, the said taxes may be collected by the Treasurer as in case of other taxes, and the Council shall have authority to cause the same to be removed.
10. No farm lands hereby included within the limits of the City of Harrington shall be subject to any City Tax unless the same shall be laid out as building lots and unless the same shall front upon some public street of the City of Harrington which shall be laid out and improved; and all farm lands within the aforesaid limits which shall be laid out as building lots and which shall front upon some public street of the City of Harrington laid out and improved shall be subject to be taxed to the depth of one hundred and fifty (150) feet from said street line for City purposes. Nor shall the farm buildings and personal property located on any such farm lands included within the limits of the City of Harrington, be subject to any City Tax.
11. The Council shall be sole judges of what lands are, and what lands are not "farm lands" within the meaning of this Charter.
12. The General Assessment made and in force under the Charter of the Town of Harrington and the amendments thereto, shall continue in force and effect until the next General Assessment to be made in the year 1938.
13. The Council shall determine and fix a rate of taxation which will produce approximately the amount of money necessary to defray the expenses of the City for the current year, including interest on bonded indebtedness and for redemption of maturing bonds and for maintenance of a sinking fund.
14. The limit of taxation for current expenses is that rate which by estimation will produce a sum not exceeding Twenty Thousand Dollars ($20,000), but added thereto there shall also be fixed a rate which will produce an amount sufficient to provide for interest on bonds, the redemption thereof at their several maturities and to cover the sinking fund requirements.
COLLECTION OF TAXES
Section 14. In the month of April in each year, the Council shall deliver to the City Manager a list containing the names of taxables of the City, opposite the names of each the amount of his real property assessment, the amount of his personal property assessment and his poll assessment, and the tax upon the whole of his assessment, and the rate per hundred dollars. Attached to said tax list shall be a warrant, under the seal of the City of Harrington, signed by the Mayor and attested by the Secretary, commanding the City Manager to make collection of the taxes as stated and set forth in the tax list.
All taxes when and as collected by the City Manager shall be paid to the City Treasurer and all taxes shall be due and payable at and from the time of the delivery of the tax list to the City Manager. A discount shall be allowed by the City Manager of three per cent on every tax paid before the first day of May in each year; of 2 per cent on every tax paid before the first day of June in each year; of one per cent on every tax paid before the first day of July in each year and to every tax paid after the thirtieth day of September, no discount shall be allowed by the City Manager, and to every tax paid after the thirtieth day of September in each year, there shall be added and collected one per centum for every month or fraction of a month after the said thirtieth day of September that the said Tax remains unpaid. Before exercising any of the powers herein given for collection of taxes, notice shall be given to the taxable of the amount due.
The City Manager shall have the following powers for the collection of taxes:
(a) By distraint of the goods and chattels of the taxable.
() At any time after the delivery of the tax list and warrant the City Manager may, in the name of the City of Harrington, institute suit before any Justice of the Peace of the State of Delaware, in any of the counties of the State, or before the Alderman of the City, for the recovery of the unpaid tax, in any action of debt, and upon judgment obtained, may sue out writs of execution as in case of other judgments recovered before the 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 the said personal property created or suffered by taxable, except such liens thereon, which may have been created in respect of County Taxes, although such other liens be of a date prior to the time of the attachment of said tax lien.
(a) At any time after the delivery of the tax list and warrant, the City Manager may notify in writing the person, firm or corporation by whom any taxable is employed, that the tax of said employee is due and unpaid. The notice shall be signed by the City Mayor and shall contain the correct names of the taxable as it appears upon the tax list, the amount of the tax due and the penalty added, if any; and 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 due and 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 the taxable. If any employer, being 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 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 Peace, or Alderman, as aforesaid. This process shall be deemed to be in the nature of a garnishment proceeding.
(d) The City Manager may make a complaint under oath before any Justice of the Peace residing in Harrington, or before the Alderman that the tax of any taxable is due and unpaid, and that he has been unable to make collection of a tax by any of the methods for the recovery of taxes prescribed in 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 of the person arrested is due and unpaid, and if the taxable shall thereupon fail to pay the tax, together with accrued costs, he shall be committed to the jail of Kent County, until the tax, penalty, cost and charges are paid, but not to exceed the term of thirty (30) days.
(e) In the event that the tax of any taxable cannot be collected by the processes hereinabove stated, the City Manager is empowered to sell the lands and tenements of a taxable, or the lands or tenements of a taxable alienated subsequent to the levy of the tax. The City Manager shall present to the Superior Court at the County wherein the lands and tenements are situated a petition in which shall be stated:
(1) The name of the taxable.
(2) The year for which the tax was levied.
(3) The rate of tax.
(4) The total amount due.
(5) The date from which the penalty for nonpayment, 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.
(0) A statement that a bill of said tax has * been mailed to the taxable at his last known post office address and that it has been found impossible to collect the said tax by any of the other remedies as hereinabove provided. The petition shall be signed by the City Manager and shall be verified before a Notary Public.
The Court thereupon shall make an order for the sale of said lands and tenements returnable at the next succeeding term of said Court. Sales of lands and tenements shall be advertised by posting hand bills in at least five public places in the City of Harrington and by publishing the notice of said sale in a newspaper published in the City. The notices shall contain the day, hour, place of sale, and a short description of the premises sufficient to identify the same, and the hand bills shall be posted at least ten days before the day fixed for sale, and the newspaper advertisement shall be published 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 next term thereof following the sale, and the Court shall inquire into the circumstances and either approve or set aside the sale. If it be approved, the Mayor shall make a deed to the purchaser which shall convey the title of the taxable or of his alienee; if it be set aside, the Court may order another sale, and so on until the tax due be collected. The petition, return and deed shall be presumptive evidence of the regularity of the proceeding.
No sale shall be approved by the Court if the owner be ready at Court to pay the taxes, penalty and costs, and no deed shall be made until the expiration of one year from the date of sale, within which time the owner, his heirs, executors or assigns, shall have power to redeem the lands on payment to the purchaser, his heirs or assigns of the costs, the amount of the purchase money and twenty per centum interest thereon, and the expense of the deed.
After satisfying the tax due and the costs and expenses of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land, or upon the refusal of said owner to accept the same, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some bank in the City of Harrington either to the credit of the owner, or in a manner by which the fund may be identified.
In sales of lands for the payment of taxes the following costs shall be allowed, to be deducted from the proceed of sale, or chargeable against the owner:
TO THE PROTHONOTARY
For filing and recording petition $1.00
For filing and recording return of sale $1.50
In addition, the cost of printing hand bills and publication of the advertisement of sale shall be chargeable as costs.
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.
If any person is assessed for several parcels of lands and tenements in the same assessment, the total of said taxes 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.
Section 15. If the City Manager shall be unable by the thirty-first day of December of the year of the date of tax list to collect the tax of any taxable, he is empowered, having first paid the amount thereof to the City, to collect said tax from such taxable for his own use by any of the processes of law herein prescribed within the space of one further year, from said thirty-first day of December, after which the said tax shall be extinguished and all authority to the City Manager under said tax list and warrant shall cease.
During the month of December next following the date of the tax list and warrant, the City Manager shall make full, final and complete settlement with the Treasurer and Council. The Council shall fix, such time and place during the same month for settlement with the City Manager of which he, the said Treasurer, shall have due notice. At said settlement, the Council shall allow to the City Manager all taxes which shall have been found impossible to collect by reason of errors in the assessment lists or otherwise, and not through the default, neglect or delay of the City Manager, and said settlement shall be final and conclusive, and no other allowance in any form shall be made to the City Manager by the Council. Upon the conclusion of the said settlement, the City Manager shall forthwith pay over to the credit of the City the aggregate amount of the taxes found to be due the City, and upon his failure or neglect so to do, it shall be the duty of the Council to proceed to collect the same from the City Manager and/or his surety. The Council shall not reappoint as City Manager of the City any person who, as such, shall be in default to the City in any sum; provided, however, that the Council for good cause shall have the power to extend the time of settlement by the City Manager for a period not exceeding six months.
Section 16. All taxes assessed and payable under the terms of this charter shall be and constitute prior liens against the property upon which or against which said taxes are assessed and levied for a term of three years next after the first day of April in which the tax duplicate is delivered to the City Manager.
Section 17. The Council shall have the power and authority to lay out, locate and open new streets and to widen and to alter existing street or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best interests of the City. The procedure shall be as follows:
The Council shall, by a majority vote, adopt a resolution for the opening of the new street, or the widening or altering of a street, or the vacating or abandoning of a street, or any part thereof, as the case may be, the resolution giving a general description of the street to be opened or widened or altered. The resolution shall also state the day, hour and place where and when the Council will sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of property. A copy of such resolution shall be posted in five or more public places in the City at least five (5) days before the day fixed for the hearing aforesaid, and shall be published in a newspaper published in the City of Harrington at least five (5) days before said day. At the time and place fixed in said resolution, said Council shall hear such residents of the City or owners of the property affected, as may attend, and shall at said meeting or at a subsequent day as they shall deem proper, adopt a resolution by a majority vote to proceed with or to abandon, as they shall deem for the best interest of the City, the opening of a new street or the widening, altering, vacating or abandoning of an existing street, or part thereof, as the case may be, as contemplated in the prior resolution. In case the determination of the Council shall be to proceed with the plan contemplated by said resolution, they shall also award just and reasonable compensation to anyone who will be deprived of property in consequence thereof.
Such compensation as may be awarded, shall be paid by the Treasurer of the City on a warrant drawn on him by the authority of the Council. Any land owner who may be dissatisfied with the compensation awarded by the Council, may within five (5) days after notice of the award of the Council, may appeal therefrom by serving written notice to that effect on the Mayor. In order to prosecute said appeal, such appellant shall within five (5) days after the expiration of the five (5) days allowed for the appeal apply to the Judge of the Superior Court of the State, resident in Kent County, for the appointment of freeholders to hear and determine the matter of compensation to such appellant, and thereupon the said Judge shall issue a commission under his hand, directed to five (5) impartial freeholders of the County, two of whom shall be residents in the City of Harrington, commanding them to determine and fix the damages which the appellant will sustain by reason of being deprived of any property as aforesaid, taking into consideration the benefit or advantage which will ensure to the appellant, and to make return of their finding to the said Judge at the time therein appointed. The freeholders shall give notice of the day, hour and place when and where 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 on the premises at least five (5) days before the day when the freeholders are to view the premises, and a copy of such notice shall be served on the Mayor, at least five (5) days before the day of such meeting. The freeholders named in such commission, being first sworn or affirmed on the day and at the hour and place stated in the notice, shall view the premises and hear the appellant and his witnesses and the Council and its witnesses, and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being deprived of any property as aforesaid. Thereupon the said freeholders shall make return in writing of their proceeding to the said Judge who shall cause a copy of said return to be delivered to the President, and such return shall be final and conclusive. The said Judge shall have the power to fill any vacancies among the freeholders. The amount of damages being ascertained, the Council may pay or tender the same to the person entitled thereto within one (1) month after the same shall be finally ascertained, or may deposit the same in any bank in the City to the credit of the person entitled thereto, within the said period of one (1) month, and thereupon the Council may carry into effect the plan contemplated in the resolution aforesaid. The return of freeholders shall be filed in the office of the Prothonotary of the proper County.
In the ascertainment as assessment of damages by the freeholders, if the damages shall be increased, the costs of the appeal shall be paid by the Treasurer, but if said damages shall not be increased, the said costs shall be paid by the appellant. The fees to the freeholder shall be Five Dollars ($5.00) per day to each, which shall be taxed as a part of the costs.
Section 18. The City shall have the power to acquire lands, tenements, property or interests therein, by condemnation for the purpose of providing sites for public buildings, parks sewers, sewage disposal, and for other municipal purposes, whether within or without the limits of the City, the procedure for which shall be substantially the same as hereinbefore provided in the case of condemning land for streets and highways, with the necessary changes as to detail.
Section 19. The Council shall have power to establish, change or alter the grade of street, lanes, alleys, bridges and gutters as from time to time may be deemed necessary and proper, and to establish curb lines in the same and the kind and character of gutters, and to change, alter or amend the same, but nothing in this Charter shall affect the duties of the Levy Court of Kent County.
PAVING, CURBING, AND GUTTERING
Section 20. The Council shall have power to cause the streets and sidewalks of the City to be paved, re-paved, curbed and guttered under such plan and with such material as it shall determine.
With respect to the paving or re-paving of sidewalks and the installing of curbs and gutters, the procedure shall be as follows:
Whenever a written petition of five (5) or more freeholders of the City shall be presented to the Council praying for the improvements, or any of them, the Council shall set upon said petition either at the meeting at which such petition is presented, or at the next subsequent meeting, and shall determine, in respect of curbing and guttering what part, if any, of the cost thereof shall be paid by the City, and the Council may thereupon direct in writing the owner or proprietor of any land in the City before or in front of which the improvements are to be made, to lay a pavement or install a curb and gutter, or either of them, of the kind and character, and of the width and thickness, and of the material and in the manner as may be directed by the Council.
The Council shall notify in writing the owner or proprietor of any land affected to make the improvement as determined by order of the Council within sixty (60) days after the date of the notice. The notice shall be served upon such owner or proprietor personally if he resides in the City, or it may be left at the usual place of abode of such owner or proprietor in the presence of some adult person; or if the owner or proprietor does not reside in the City, it may be lawful to deposit said notice in the mails direct to him at his last known post office address; if the owner or proprietor is unknown, it shall be a compliance with this section regarding notices to post a notice on the property.
The Council shall establish the curb and grade lines which shall be available to all owners and proprietors of lands affected.
The notice shall inform the persons affected thereby with full information as to the materials to be used, the width of the pavement, curb, or gutter, and the thickness or depth thereof, and the time within which the improvement shall be completed.
If the owner or proprietor shall neglect or refuse to make the improvement within the time stated in the notice, the Council shall cause the improvement to be made at the expense of the owner or proprietor, and may recover the expense thereof, together with cost and any penalty which may be by ordinance established for failure or neglect to make the improvement, by an action of debt brought before the Alderman, or any Justice of the Peace residing in the City. In any action brought for the recovery of money due the City under the provisions hereof, the City shall have the right to a forthwith summons as in like cases within the jurisdiction of a Justice of the Peace. The date of the notice shall be proved and shall be stated in the judgment. Writs of execution may issue upon any judgment recovered as in like cases of civil nature, and upon a return of nulla bona, a certified abstract of the judgment and return shall be filed in the office of the Prothonotary in Kent County, and said judgment shall thereupon become a lien upon the premises affected and shall have all the force and effect of any other judgment entered in the Superior Court of the State of Delaware, the said lien relating back to the date of the notice given as aforesaid and taking precedence over any other lien against the property which shalt or may have been entered after the date of the notice.
If any property affected by the provisions hereof shall be held or owned by widow in right of dower, the expense incurred shall be paid by the owner in reversion in fee simple; and if such owner be a minor the expense shall be paid by the guardian or agent acting for such minor out of any money or effects held by such guardian or agent, or suit may be brought against said minor or the guardian of such as hereinabove provided, and the amount due the City recovered by sale of the goods and chattels, lands and tenements of the minor.
If the improvement desired is paving of any street, or part or portion thereof, upon written petition of five (5) or more freeholders as aforesaid, the Council shall by resolution fix a time and place for discussion of the proposed improvement. The resolution shall be published at least one week prior to the meeting for discussion aforesaid, in at least one issue of a newspaper' published in the City and at said meeting the Council shall hear the owners or proprietors of the property affected and other citizens of the city. After such hearing, the Council either at said meeting or at a subsequent meeting shall decide whether or not to proceed with the improvement, and if the decision shall be to proceed with the improvement, then the part or portion of the cost, if any, which shall be assessed against the owner or proprietor of the property affected shall be determined. The part or share to be paid by the owner or proprietor of the property affected shall be determined. The part or share to be paid by the owner or proprietor of the property affected shall be determined on the basis of the lineal frontage of the parcel on the street to be improved.
The Council shall thereupon proceed to cause the improvement to be made and shall assess the owner or proprietor of the land affected with the whole, or such part and expense of the improvement according to the lineal frontage as aforesaid as may have been determined; shall present to such owner or proprietor a bill or statement of the costs and expense as allocated to the land of said owner or proprietor, and if the same shall not be paid within six (6) months thereafter, shall proceed to collect the said cost and expense from such owner or proprietor in the manner and under the same power and authority and by the same processes, with necessary change as to detail as hereinabove provided in this section. The lien of any judgment rendered shall relate back to the date of the decision of the Council to proceed with the improvement, and said date shall be proved and stated in the judgment.
Section 21. The Council is vested with authority on behalf of the City to enter into contracts for the rendering of personal service to the City and/or the purchase of supplies and doing of work for any municipal purpose for the City; provided:
A. No contract shall be made by Council for any purpose, the contract price of which is in excess of $2,000 without public competitive bidding; and
B. The contract shall be awarded to the lowest responsible bidder, but Council may reject any and/or all bids for any cause by it deemed advantageous to the City; and
C. All formal contracts shall be signed by the Mayor with the Seal of the City attached attested by the Secretary.
POWER TO BORROW MONEY AND ISSUE BONDS
Section 22. (A) The Council may borrow money and issue Bonds or Certificates of Indebtedness to secure the payment thereof on the faith and credit of the City of Harrington to provide funds for the erection, the extension, the enlargement or the repair of any plant, machinery, appliances or equipment for the supply, or the manufacture and distribution of electricity or gas for light, heat, or power purposes; for the furnishing of water to the public, for the construction, repair or improvement of highways, streets or lanes or the paving, curbing or erection of gutters along the same; the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of the City of the cost of any permanent municipal improvement; provided, however, that the borrowing of the money therefor shall have been authorized by the City Council and shall have been approved by the electors in the manner and at the time following:
(B) 1. Council by resolution shall propose to the electors of the City by resolution that the stated amount of money shall be borrowed for any of the above purposes. The resolution shall state the amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the loan, and shall fix a time and place for hearing on the said resolution.
2. Notice of the time and place of the hearing on the resolution authorizing said loan shall be printed in a newspaper published in the City at least one week before time set for said hearing.
3. A second resolution shall then be passed by Council ordering a special election to be held not less than thirty (30) days and not more than sixty (60) days after the date of its determination after said hearing to borrow the said money for the purpose of voting for or against the proposed loan.
4. The notice of the time and place for holding the said special election shall be printed in a newspaper in the City once a week for three (3) successive weeks prior to the election. And the special election shall be conducted by a Board of Electors as herein provided in the case of an annual election.
0. The Council shall cause to be prepared, printed and have available for distribution a sufficient number of ballots at not less than five (5) days prior to the day of the special election.
6. At the special election, every person who had a right at the next preceding annual City election shall have one vote for every dollar and fractional part of dollar of tax paid by him or her respectively during the year preceding said election, and every owner of property whether individual partnership, or corporation shall have one vote for every dollar or part of dollar of tax paid by said owner during the year preceding said election and the said vote may be cast either in person or by proxy.
7. The Board of Election shall count the votes for and against the proposed loan; and shall announce the result thereof, shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and should deliver the same to the Council, which said certificate shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council.
(C) The form of Bond or Certificate of Indebtedness, the times of payment of interest, the classes, the times of maturity, and provisions as to the registration shall be determined by the Council. The Bonds shall be offered for sale to the best and most responsible bidder therefor after advertisement in a newspaper of the City or otherwise, for at least one month before offering the same for sale. The Council shall provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bond at the maturity or maturities thereof, and a sinking fund therefor. The faith and credit of the City of Harrington shall be deemed to be pledged for the due payment of the bonds and interest thereon issued under the provisions hereof, when the same have been properly executed and delivered for value.
(D) The bonded indebtedness of the City shall not be increased or added to at any time if at the time of such proposed increase the aggregate bonded indebtedness of the said City shall be equal to or in excess of 15% of the value of the real property situated within the limits of the said City as shown by the last assessment preceding the proposed addition to the said indebtedness.
Section 23. The Council is hereby vested with the authority to enact ordinances or resolutions relating to any subject within the powers and functions of the City, or relating to the government of the City, its peace and order, its sanitation, beauty, the health, safety, convenience and comfort of its population, and the protection and preservation of property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances on any particular subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated.
All ordinances or resolutions of general character relating to the government of the City shall not be of force and effect until the same shall have been published in a newspaper printed in the City or a copy posted in two public places for public information.
It shall be the duty of the Council to compile the ordinances of the City, to have a reasonable number of copies printed for the use of the officials of the City and for public information; and from time to time, upon the enactment of new ordinances or the amendment of existing ordinances, to enroll the same in the minutes of the Council, and to keep copies thereof in a book to be provided for that purpose, so that the same may be readily examined and also to furnish the Alderman with copies thereof as they are enacted and published.
Section 24. (A) The Council shall have power to enact ordinances defining nuisances and providing for the removal or abatement thereof, and prescribing the fines, penalties and forfeitures for causing or continuing the same. The Council may upon their own view, or upon information, determine that a nuisance does in fact exist, upon which determination they shall have the right to remove or abate the same in a summary manner; and the operation of any instrument, device, or machine that shall cause electrical interference with radio reception within the limits of the City, shall at the option of the Council, be deemed to be a nuisance. Encroachments and obstructions in and to streets by porches, bay windows, awning, and poles, or the accumulation of snow or ice on sidewalks may be deemed to be nuisances and may be abated or removed at the expense of the persons responsible therefor, as by ordinance provided.
(B) The power to adopt ordinances relating to the health of the population of the City, or to prevent the introduction or spread of infections or contagious disease or nuisance affecting the City, shall extend to the area outside of the City limits and within one mile from said limits.
(C) The Council shall have the power to adopt all measures requisite or appropriate for protection against fire, and to appropriate money for the purpose of fire equipment, whether owned by the City or by a volunteer fire company.
(D) Every dog in the corporate limits of the Town of Harrington may be assessed at fifty cents and the assessment shall show the names of such persons owning such dogs and the number of dogs owned by each.
() For protection against Fire, the Council may adopt ordinances to zone or district the City and to make particular provisions for particular zones or district with regard to buildings and building materials; to prohibit the use of building materials that may be deemed to create a fire hazard, and this power shall embrace new buildings or additions to or alterations of existing structures of every kind; to condemn buildings or structures, or portions thereof; that constitute a fire menace, and to require or cause the same to be torn down, removed, or so altered as to eliminate the menace of fire, to prescribe the height and thickness of walls of any building and the kind and grade of material used in the construction thereof.
The Council may adopt zoning ordinances limiting and specifying districts and regulating therein buildings and structures according to their construction and according to the nature and extent of the business to be carried on therein.
The Council may create a City Zoning Commission for the development, improvement and beautification of the City, and may prescribe its powers and duties.
BUILDING INSPECTION PERMITS
(F) The Council may provide for the issuance of building permits, and may forbid the construction of any new building, or the addition to, or alteration, or repair of any existing building unless a building permit has been obtained therefor.
Should any person, firm or corporation hereafter desire to erect any building or buildings, within the corporate limits of said City for the purpose of conducting therein the business of canning fruits, vegetables, meats, oysters, etc., or for the manufacture or manipulation of phosphates, fertilizers or manures of any kind, he or they before erecting such building or buildings, or engaging in such business, shall make an application in writing for permission therefor to said Council. And should said Council determine that such buildings will not endanger the other property of the City and said business will not jeopardize the health of or be offensive to the citizens thereof, the Council shall have authority to grant a permit to erect such buildings and conduct such business.
The Council shall have full power to fix and determine the placing or replacing of poles or other structures within the City limits for the carrying of telegraph, telephone, power, or other wires, and the attachments thereto, and to cause existing poles or structures to be removed whenever the same shall be deemed to be obstructions or detrimental to the beauty of the City, or when such poles or structures are so placed as to inconvenience persons or render property less desirable. This power shall extend as well to the location as to the relocation of such poles and structures, wires and attachments, and may be exercised from time to time as occasion shall arise.
Section 25. The Council shall not grant franchises or licenses to public utilities or common carriers for a period longer than two years unless authorized by a majority of the voters and taxables of the City at any general or special election called for that purpose in the mariner as herein before provided in Section 22 of this Charter relating to the Power to Issue Bonds; provided that the franchise or powers of any corporation owning or operating a public utility in or through the City at the time of the approval of this Charter shall not be affected or impaired.
That if any person or persons shall hereafter erect or set up a plant for the purpose of manufacturing therein, within the limits of said Town, the Council for the City of Harrington shall have the power to remit all taxes that may be levied or imposed on said plant for City purposes for a period not exceeding ten years, but such remission of taxes as aforesaid shall be at the discretion of the Council for the City of Harrington.
Section 26. The Council shall have the right to grant of refuse licenses for boxing exhibitions and other sports, to circuses, theatrical or minstrel companies, or like things, and exhibits of parades thereof, or the posting of bills for the advertisement thereof; to pool or billiard rooms and other places of amusement, to peddlers or canvassers, to any person having only temporary place of business for selling or offering for sale goods, wares and merchandise to peddlers of meats, fish, oysters, or vegetables and the location of wagons or stalls, provided that the Council shall not have the power to permit, by license, interference with any place of business or with the convenience of public travel; to provide for the payment of taxes, fines, penalties and forfeitures by performance of labor for the City by those who may owe taxes, fines, penalties or forfeitures, and to make proper regulations and rules therefor.
Section 27. Trees being among the chief beauties of the City, and their preservation requiring that they be treated with special care and intelligence, the Council is empowered to create a Tree Commission for the trees in the streets, and other public places of the City, and to appropriate annually an amount of money adequate for their care and preservation. The Tree Commission may be given authority to take necessary or appropriate action to prevent injuries to trees from electric wires or from any other source or cause whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to employ tree experts, provided that they do not exceed the appropriation made by the Council.
Section 28. The Council shall have the oversight, management and control of the sewers, sewer systems, and sewage disposal of the city, together with the authority to install additional sewers and to change, alter or repair existing sewers. The Council also shall have the power to enact ordinances, rules and regulations in relation to the sewers and sewer systems, and the use thereof, to require sewer mains and the manner of such connection, and to compel the owner of any property to pay the cost of such connection, and the tapping fee or charge therefor, and to fix fines and penalties for the violation or non-observance of such ordinances, rules or regulations, and otherwise to provide for the collection of the costs of making such connections, and the tapping fee and charges.
Section 29. The Council shall have the power to enact ordinances, rules and regulations and to fix the penalties for violations thereof, relating to the use of streets, highways, lanes, and alleys, the parking of vehicles thereon, with the power to prohibit parking on streets, or portions thereof, entirely or within certain hours, or for certain lengths of time.
Section 30. The Council 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 case of necessity, prior to hearing and trial. Nothing in this Section shall prevent the sentencing of offenders, or the detention of accused persons in the county jail of Kent, as may be otherwise provided in this Charter.
FINES AND IMPRISONMENT
Section 31. No fine shall be imposed in a sum exceeding One Hundred Dollars ($100) exclusive of costs; and no term of imprisonment shall be imposed for violation of any rule, regulation or ordinance, or other offense, or for failure to pay any fine or penalty imposed, in excess of a period of thirty days.
Section 32. Whenever during the year, the current receipts are insufficient to provide for the needs of the City, the Council is authorized to anticipate revenue by borrowing money not in excess of the sum of Two Thousand Five Hundred Dollars ($2,500.00), which shall be repaid from current revenue received thereafter; provided, however, such borrowing shall at no time exceed in the aggregate $2,500. Indebtedness created hereby shall be evidenced by bond or note of the City, and the faith and credit of the City shall be deemed to be pledged for the due payment thereof; but no agency or instrumentality of the City shall borrow money upon the credit of the City, except by resolution of the Council.
INVESTIGATIONS BY COUNCIL
Section 33. The Council shall have power to inquire into the conduct of any office, officer, or employee of the City, and to make investigations of the municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence.
SURVIVAL OF POWERS
Section 34. The power conferred upon or vested in the Town of Harrington by any act or law not in conflict herewith are hereby conferred upon and vested in the City of Harrington.
Section 35. All ordinances adopted by the Town Council of the Town of Harrington, or which are in force for the government of the Town of Harrington at the time of the approval of this Charter, are continued in force and effect as ordinances of the City of Harrington until repealed, altered or amended under the provisions of this Charter, and the acts of the Council of the Town of Harrington and of the officials thereof lawfully done or performed under the provisions of the Charter of the Town of Harrington or ordinance thereof, or of any law of this State, prior to the approval of this Act, are hereby ratified and confirmed.
Section 36. All taxes, fines, penalties, forfeitures, assessments or debts due the Town of Harrington shall be deemed to be due the City of Harrington, and all debts due from the Town of Harrington shall be deemed to be due from the City of Harrington and the same shall remain unimpaired until paid; and the power, right and authority to collect taxes imposed under the provisions of this Act, and the process of which may be employed hereunder, shall be deemed to apply and to extend to all unpaid taxes imposed under the Charter of the Town of Harrington.
Section 37. The bonds given by or on account of any official of the Town of Harrington shall not be impaired by or affected by the provisions of this Act, but the City of Harrington shall succeed to all the benefits of said bonds.
Section 38. Wherever, under the terms of this charter provisions are made for the publication of any notice or notices relating to municipal matters of whatever nature and by the terms of this charter it is provided that such notice or notices shall be published in a newspaper published in the City of Harrington, it is hereby expressly provided that in the event there be no newspaper at that time published in the City of Harrington, then and in that event such notice or notices shall be published under like conditions and with like effect in any newspaper published in the City of Dover, or in the City of Milford.
Printed copies of this Charter, ordinances and resolutions of the Council and published or distributed by authority thereof shall be evidence in any court of law or equity.
Section 39. This Charter of the City of Harrington shall take effect as on the Second Tuesday in January, 1936, to-wit, the fourteenth day of January, 1936.
Approved April 18, 1935.