CHAPTER 141 - DELMAR

AN ACT AUTHORIZING "THE MAYOR AND COUNCIL OF THE TOWN OF DELMAR" TO PROCURE MONEY AND TO ISSUE BONDS FOR THE PURPOSE OF PURCHASING THE WATER PLANT, MAINS AND EQUIPMENT NOW INSTALLED IN THE TOWN OF DELMAR, DELAWARE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each branch concurring therein):

Section 1. That "The Mayor and Council of the Town of Delmar", a municipal corporation of the State of Delaware, be and it is hereby authorized and empowered to borrow on the faith and credit of said Town of Delmar a sum of money not exceeding Seventy Thousand ($70,000.00) Dollars to be used for the purpose of purchasing and operating the water plant, together with all mains and equipment now owned and operated in the Town of Delmar, or within one mile of limits of the Town of Delmar by The Delmar Water Company, a corporation of the State of Delaware.

Section 2. The said "The Mayor and Council of the Town of Delmar", for the purpose of carrying into effect the provisions of this Act, is hereby authorized and empowered to issue bonds of the said "The Mayor and Council of the Town of Delmar" of such denominations as the said "The Mayor and Council of the Town of Delmar" may in its judgment determine. Said bonds shall bear interest at a rate not exceeding four (45) per cent. per annum, payable on the first days of December and June of each year at such bank or trust company in the said Town of Delmar as the said "The Mayor and Council of the Town of Delmar" may designate. The principal of said bonds shall be payable at the expiration of thirty (30) years from their date at such bank or trust company in the Town of Delmar as "The Mayor and Council of the Town of Delmar" may designate and the said bonds or any of them may be redeemed at the option of the said "The Mayor and Council of the Town of Delmar", in whole or in part, at par and accrued interest, at any interest period after the expiration of ten (10) days from the date of said bonds. Notice of such election to redeem all or any part of said bonds shall be published by the said "The Mayor and Council of the Town of Delmar" in at least two (2) issues of at least two newspapers in Sussex County, Delaware, and in such other issues as the said "The Mayor and Council of the Town of Delmar" may designate, the first publication of said notices to be at least thirty (30) days prior to the date on which such bond or bonds shall be redeemed. Such notices shall indicate the bonds called according to their number, beginning with the lowest number of the issue. Interest on said bond or bonds so called and redeemed shall cease from the date fixed in said notice for the redemption thereof and the said bonds when called shall be cancelled.

Section 3. The said "The Mayor and Council of the Town of Delmar" shall draw and effect the preparation and printing of the bonds authorized by this Act and shall also prescribe the form thereof. They shall be signed by the Mayor of the Town Council of Delmar and countersigned by its secretary and shall be sealed with the corporate seal of said corporation and shall be exempt from state, county and municipal taxation. They may or may not, as "The Mayor and Council of the Town of Delmar" shall determine, contain coupons providing for the payment of the interest thereof as said interest shall become due.

Section 4. That the said "The Mayor and Council of the Town of Delmar" shall negotiate the sale and delivery of said bonds and shall apply and use all the money arising from the sale of said bonds for the purpose of carrying into effect the provisions of this Act; provided, however, that in the sale of said bonds the said "The Mayor and Council of the Town of Delmar" is hereby required and directed to advertise for bids for the purchase of said bonds in at least two issues of at least two newspapers published in the State of Delaware, inviting bids for the same, in which said advertisements shall be stated the denominations of said bonds, rate of interest and place of opening said bids and the conditions of said bonds. The said "The Mayor and Council of the Town of Delmar" shall have the power to require that each bid for said bonds, or any portion thereof, shall be accompanied by a certified check for such amount as it may deem proper as a guaranty of good faith on the part of the bidder, and after the bonds are sold and awarded, the said "The Mayor and Council of the Town of Delmar" shall return to the unsuccessful bidder or bidders the certified check or checks so filed by said unsuccessful bidder or bidders with his or their bids. The said "The Mayor and Council of the Town of Delmar" shall have the right to reject any or all bids for said bonds, but if said bonds are sold they shall be sold to the person or persons, firm or corporation offering the most advantageous terms.

Section 5. That the said "The Mayor and Council of the Town of Delmar" is hereby authorized and required to assess and collect annually in the same manner as is now provided by law for assessing and collecting other taxes for municipal purposes, a special tax sufficient to pay all the interest accruing on said bonds. And it is further hereby authorized and empowered to assess and collect annually in the same manner a further special tax for the purpose of establishing a Sinking Fund adequate for the redemption at or before maturity, as prescribed in this Act, of the bonds issued under the provisions of this Act; the said sinking fund shall be deposited in any bank or trust company in the Town of Delmar until such time as it may be needed for the redemption of any or all of said bonds.

Section 6. The said "The Mayor and Council of the Town of Delmar" is hereby authorized and empowered to do all things necessary to provide for the purchase of said water plant, mains, equipment, etc., and the operation and maintenance thereof and any and all other acts incidental thereto and to take all proper legal measures and to execute any and all instruments of writing as may be necessary or advisable in taking over said plant and equipment and to contract and agree with the owner or owners for the occupation or purchase of any land or lands which may be necessary or advisable for the purpose of carrying into effect the provisions of this Act. The said "The Mayor and Council of the Town of Delmar" shall have the supervision and control of said water plant, mains and equipment whether within or without the corporate limits of said Town of Delmar and may alter, repair, remove and replace the same as it may see fit.

Section 7. That the said "The Mayor and Council of the Town of Delmar" is hereby authorized and empowered to adopt such ordinance or ordinances as it may deem necessary or advisable for the operation, management and control of said water system or incidental thereto.

Section 8. That the faith and credit of the Town of Delmar are hereby pledged for the payment of all the bonds that may be issued under the provisions of this Act, together with all interest thereon.

Section 9. That none of the provisions of this Act shall go into effect and the said "The Mayor and Council of the Town of Delmar" shall have no authority or power to issue any of the bonds herein provided until a special election shall have been held in the said Town of Delmar by the officers provided for in this Act and a majority of the legal votes cast at said election has been ascertained to be for the issuance of bonds for the purchase of water plant and all equipment. The said "The Mayor and Council of the Town of Delmar" is hereby authorized and empowered to call and provide for such special election whenever it shall deem it expedient so to do, providing that such special election shall not be held within thirty days after the approval of this Act by the Governor. If the issuing of said bonds should not be approved by a majority of the votes cast at said special election, the said Town of Delmar is hereby authorized and empowered to call a special election or elections at any time thereafter in like manner and for said purpose, provided that a majority of the council of the Town of Delmar shall vote so to do and that no two such elections shall be less than six months apart. Such special election or elections shall be held by such officers as may be selected and appointed for that purpose of the said "The Mayor and Council of the Town of Delmar." One of said officers shall be designated as the presiding officer at any such special election. Due notice of the time and place of said special election shall be given by advertisement posted in at least ten public and conspicuous places in said Town of Delmar at least ten days prior to any such special election. Such advertisements shall state clearly the purpose of such special election. Voting shall be by ballot. Each taxpayer of the said Town of Delmar, whether resident or non-resident, shall have one vote for every dollar or fractional part of a dollar paid by him, her or it, respectively, as town tax for the year next preceding said election. All taxpayers shall have the right to vote in person or by proxy duly signed and witnessed. In the case of change of ownership of any real estate within the corporate limits of said town between the date of the last assessment for town taxes and the date of holding such special election, the owner of such property at the time of the holding of such special election, upon producing satisfactory evidence to the election officer of his, her or its present ownership of said property, shall be allowed to vote as the owner of such property. Poll taxpayers who shall have ceased to be residents of the Town of Delmar shall not be entitled to vote at said election.

Section 10. Any persons who shall willfully vote or attempt to vote illegally at such special election, or any person acting as election officer at such special election who shall willfully refuse or consent in refusing to receive a legal vote, or who shall in any way act in a fraudulent or illegal manner at any such special election, shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding Fifty Dollars, or be imprisoned for the term of thirty days, or suffer both fine and imprisonment in the discretion of the Court. Should a voter be challenged on the ground of non-payment of tax, the presiding officer of the election or officer receiving the votes shall cause the person so challenged to swear that he or she has paid all town tax assessed against him or her for the year next preceding the date of such special election; otherwise, his or her vote shall not be received. Should such person willfully and falsely so swear, he or she shall be deemed guilty of false swearing and liable to the penalties provided by law for such offense.

Approved May 19, 1937.