CHAPTER 184 - CITIES AND TOWNS—SEAFORD

AN ACT CHANGING THE NAME OF "THE TOWN OF SEAFORD" TO "THE CITY OF SEAFORD" AND ESTABLISHING A CHARTER THEREFOR."

Be it enacted by the Senate and 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 Seaford," shall hereafter be known as "The City of Seaford."

The boundaries of the City of Seaford are hereby established and declared to be as follows:

BEGINNING at a point near the centre of the Seaford Milling Company's Mill Dam near where the old waste gates formerly stood, said point being marked by a monument, which is set in the road at a distance of 25 feet from said point and at right angles to first course of this description, thence running from said point with a course of North 64° West (as of February 1917) to a monument 231 feet; thence deflecting to the right with an angle of 26° 30' and running in a Northwesterly course to a monument set on the prolongation of the South line of Poplar Street, 276.5 feet; thence deflecting to the right with an angle of 45° and running on a course parallel with and at a distance of 473.4 feet from the easterly line of North Street 2,466 feet to a monument set on the Southeasterly line of the County Road, leading to Bridgeville, thence with an interior angle of 36° and running along the Southeasterly line of said County Road passing over a monument set at the intersection of the easterly line of North Street and continuing to a monument set at the intersection of the Westerly line of North Street 908 feet; thence deflecting to the right with an angle of 8° and running along the Southeasterly line of said County Road to a monument 282.8 feet; thence deflecting to the right with an angle of 31° passing over a monument set at the intersection of the easterly line of Front Street and continuing to a monument set at the intersection of the Westerly line of said Front Street 133 feet; thence continuing with the same course along the Southerly line of the County Road and making an interior angle of 75° with the Westerly line of Front Street passing over monuments set at the intersections of the Easterly and Westerly lines of Market and Arch Streets; also a monument set at the intersection of the Easterly line of Pine Street and continuing to a point in the roadway of Pine Street 2,280.3 feet (the said point in the said Pine Street being in the prolongation of the last named course and at a distance of 35.5 feet from the monument set at the intersection of the Easterly line of Pine Street); thence deflecting to the right with an angle of 20° 22' and running along the South line of the County Road to a monument set at the intersection of the Westerly line of Pine Street 20.65 feet; thence continuing the same course and running along the Southerly line of the County Road to a monument 139.3 feet; thence deflecting to the right with an angle of 9° 5' to a point 182.2 feet (the said point being at a distance of 4.6 feet from a point on the prolongation of the back tangent of the Northbound tract of the P.B. & W. R. R. as now laid down); thence deflecting to the right with an angle of 2° 22' and running along the Southerly line of the County Road to a monument 657 feet; thence deflecting to the right with an angle of 0° 55' and running along the Southerly line of the County Road passing over a monument set at the intersection of the Easterly line of Shipley Street (as now laid out and used) to a monument set at the intersection of the Westerly line of said Shipley Street 1,046.5 feet; thence deflecting to the left with an angle of 3° 39' and running along the Southerly line of the County Road to a monument 620.8 feet; thence deflecting to the left with an angle of 5° and running along the Southerly line of the County Road to a stone set for a corner of lands of J. M. Williams 268.9 feet; thence deflecting to the left with an angle of 91° and running in a Southeasterly course along the Westerly line of lands of J. M. Williams to a stone set for a corner of lands of said J. M. Williams and Donoho & Robinson 1,631.9 feet; thence deflecting to the right with an angle of 600 44' and running in a Southwesterly course along the Northwesterly line of lands of Donoho & Robinson to a stone set for a corner of said Donoho & Robinson lands 315.8 feet; thence deflecting to the left with an angle of 94° 4' and running in a Southeasterly course passing over a stone set for a corner of the lands of Donoho & Robinson and Mrs. Tharp Moore (said stone being at a distance of 289.1 feet from last named corner) to a monument on the Northerly side of a Road (extending Westwardly from Shipley Street) 1,501.5 feet; thence deflecting to the left with an angle of 12° 28' and running in a Southeasterly course along the lands of Isaac Willin to a stone on the Northerly side of a road (extending Westwardly from Shipley Street) 775.5 feet; thence deflecting to the right with an angle of 63° 38' and running in a Southwesterly course along the Nortwesterly line of lands of Isaac Willin to a stone set for a corner of lands of said Isaac Willin 584 feet; thence deflecting to the left with an angle of 76° 30' and running in a Southeasterly course along the Westerly line of lands of said Isaac Willin, intersecting the centre line of tract of the C. & S. R. R. at a distance of 165.8 feet from last named corner and forming an angle of 122° 52' with the forward tangent as now laid down, and continuing same course an additional distance of 35.7 feet to a stone set on the Southerly right of way line of the said C. & S. R. R. also a corner of the lands of Mrs. T. E. Willin, thence deflected to the left with an angle of 5° 8' and running in a Southeasterly course along the Easterly side of a road (same being the line of lands of Mrs. T. E. Willin), to a Persimmon tree, a corner of lands of said Mrs. T. E. Willin 335.8 feet; thence deflecting to the right with an angle of 19° 4', and running in a Southeasterly course along the line of lands of C. & S. R. R. Company and along the Easterly side of above named road to a monument 358 feet; thence deflecting to the right with an angle of 25° 14' and running in a Southeasterly course along the Easterly side of road to a stone set for a corner of the lands of the Delaware Shipbuilding Company 240.4 feet; thence deflecting to the right with an angle of 65° 45' and running in a Southwesterly course along the line of lands of Delaware Shipbuilding Company to a monument on the Southerly side of road 228.4 feet; thence deflecting to the left with an angle of 33° 25' and running in a Southwesterly course partly along the line of lands of the Delaware Shipbuilding Company and lands of John Palmer, and along the Southerly side of road to a monument on the Southerly side of road 330 feet; thence deflecting to the left with an angle of 4° 45' and running in a Southwesterly course along the line of lands of the Delaware Shipbuilding Company to a monument set for a corner of the lands of the Delaware Shipbuilding Company 275.3 feet; thence deflecting to the left with an angle of 11° 51' and running along the line of the lands of the Delaware Shipbuilding Company, passing through the decayed stump of a large Sycamore tree standing at the edge of the wharf of the Allen Package Company (said tree and edge of wharf being at a distance of 182.5 feet from last named monument) and continuing along said course to the line of low water of the Nanticoke River; thence up the said Nanticoke River to Herring Run or Clare Creek Branch; thence up the said run or branch with the several meanderings thereof to the Seaford Milling Company's Mill Dam, the place of beginning, provided that in respect to the municipal owned electric light and power plant, sewage disposal system and municipal water system the territory served shall not be confined within the boundaries of the City of Seaford, and the City Council is hereby authorized to supply electric current for the purposes of heat, light, power; sewerage and water facilities to anyone who will consume it within a territory extending one-half mile outside the present limits of the City of Seaford as hereinabove described.

The above description, courses and distances conform to a resurvey and plot made of said City of Seaford, as its limits are established by this Act, and the said plot so made and approved by the said Council, shall be recorded in the Recorder's office, in and for Sussex County, and shall be evidence in all Courts of Law and Equity in this State.

GENERAL POWERS -

Section 2. (A) The inhabitants of the City of Seaford, within the limits and boundaries referred to in Section 1 of this Act, or within the limits and boundaries hereafter established shall be and they are hereby created a body politic and corporate in law and equity by the corporate name of "The City of Seaford," hereinafter called the City, 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 all Courts of law and equity in the State of Delaware, and elsewhere, by said corporate name, may hold and acquire by purchase, gift, devise, lease or by condemnation real property and personal property within or without it's 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 it's interest may require and may do all other things which a body politic and corporate may lawfully do to carry out and effect the objects and purposes of this act, subject, however, to other sections of this Act, provided, however, that any property owned by the City, the value of which in the opinion of the City Council equals or exceeds Ten Thousand Dollars ($10,000.00) shall not be sold or leased without the approval of a majority of the taxables of the City at a special election called for that purpose. At such special election, 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.

As hereinafter provided in this Charter relative to power to issue bonds, the City shall have all other powers and functions requisite to or appropriate for the Government of the City, it's peace and order, it's 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 or proceedings shall be brought in the name of "The City of Seaford."

(B) The enumeration of particular powers by this Charter shall not be held to be exclusive, but in addition to such powers, the City of Seaford shall have such other powers as may be implied therefrom or necessary to the reasonable exercise of such enumerated powers. All powers of the City of Seaford 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 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 a Mayor and City Council. The City Council shall consist of five members. The Mayor and each of said Councilmen shall be citizens of the State of Delaware above the age of twenty-one years, resident freeholders of the City of Seaford of record at least one year before their election and non-delinquent tax payers of said City.

Each of the Councilmen of the City of Seaford shall be allowed for his services the sum of Two Dollars ($2.00) for each regular meeting of said Council, in full compensation therefor; provided, that no Councilman shall receive pay for any of said regular meetings which he does not attend.

ELECTIONS IN GENERAL.

Section 4. The Councilmen now constituting the Town Council, (which upon the passage of this Act shall be referred to as the City Council) and all other officers of the Town, (which upon the passage of this Act shall be referred to as the City) shall continue in office until their respective terms shall expire or until their successors are duly elected or chosen and duly qualified. The present members of the Town Council (which upon the passage of this Act shall be referred to as the City Council) may continue to serve and act as Councilmen for three years from the date of their election or until their successors are duly elected and qualified; and thereafter, on the First Monday in March in each and every year, Councilmen shall be elected for the term of three years to succeed those whose terms have expired.

On the First Monday in March, 1942, and each two years thereafter, a Mayor shall be elected for the term of two years or until his successor is duly elected and qualified.

MANNER OF HOLDING ELECTIONS AND MAKING NOMINATIONS.

Section 5. (A) The annual municipal election shall be held on the first Monday in the month of March of each and every year. The polls shall be opened at twelve o'clock Noon and shall close at Five o'clock P. M. and shall be held at the City Office in the City of Seaford or such other places as may be designated by the City Council, due notice of which shall be given by posting notices thereof in five public places within the limits of the City of Seaford not less than ten days before the day of the annual election.

(B) The Mayor and members of the City Council shall be nominated as follows; Viz:

No person shall be eligible as a candidate for the office of Mayor or Councilman unless he first shall have notified in writing the City Manager of such desire; or five or more qualified voters of said City may file the name of any such candidate, with his written consent endorsed thereon, with said City Manager. In either case, such desire or notification shall be filed with said City Manager ten full clays before the clay of election then next ensuing; and thereupon, it shall be the duty of the said City Manager to post a list of all names of the various candidates filed with him as aforesaid, designating the offices sought, in at least five of the most public places in said City of Seaford, at least five full days before the clay of election, then next ensuing. In case of the inability of the said City Manager to act because of illness, absence, or otherwise, in that event the names of such candidates shall be filed with the Vice-President of the City Council who shall thereupon perform the duties required of said City Manager. City Council shall cause to be printed ballots at least as many as the number of citizens in said City, entitled to vote at the election. Said ballots shall contain the names of the persons nominated under headings designating the office for which nominated, and such ballots shall be delivered to the City Manager for distribution.

(C) The annual election to be held on the first Monday in March of each and every year shall be held and conducted by the holding over members of the City Council, and by such other officers as the said holding over members of the said City Council shall designate, either from among themselves, or from among the taxables of the said City. It shall be the duty of the holding over members of the City Council at it's last regular meeting prior to the date of the annual election to designate a Presiding Officer and two Judges for holding said election. If any of the officers chosen and designated to conduct such election shall not be present at the time designated for the holding of said election, it shall be lawful for the qualified voters present at the place of holding said election, to elect from among themselves, a person or persons to fill the vacancy or vacancies in such election board caused by the absence of such person or persons. The three persons comprising the election board shall be Judges of the election and shall decide upon the legality of the votes offered and keep a list of all voters voting thereat.

(D) At such annual election every person residing in the said City of the age of twenty-one years or upwards to whom was assessed either a City poll or property tax and or both fur the year preceding such election, and who shall have paid either a City poll and/or property tax last assessed to said person not less than thirty days before the date of said election or who shall have become a citizen of said City who the last previous assessment of taxes of said City and who shall have resided in said City at least six months prior to said election shall have the right to vote for Mayor and Councilmen. The City Manager shall deliver to the Vice-President of the City Council at least twenty days prior to the date of said election a list of all names of the persons who have paid their taxes as herein provided, alphabetically arranged and duly certified. This list so certified shall be evidence as to the right of any person to vote at said election.

(E) Immediately after the polls shall be closed, the votes shall be read and counted and the person or persons resident in said City having a plurality of votes shall be declared duly elected and continue in office for the term stated or until their successors are duly elected and qualified. In case of a tie, the election board consisting of three persons shall, by a majority vote, decide which of the candidates so tied, shall be elected. After the result of the election shall have been ascertained, the election officers shall make out certificates of election and deliver one to each successful candidate, which said certificates shall be delivered to the City Manager at the first regular meeting after such election.

(F) The election board shall immediately after said election enter upon the Minute Book of the City Council, the minutes of such election containing the name of the Mayor and Councilmen chosen thereat and subscribe their names upon such Minute Book. The minutes of the election shall be preserved by the City Council and shall be evidence in any Court of Law and Equity in this State. All ballots cast and the records of the election shall be preserved in the custody of the election Board for a period of ten days.

ORGANIZATION AND ANNUAL MEETING OF COUNCIL.

Section 6. Before entering upon the duties of their respective offices, the Mayor elect, and the Councilmen elect, shall be sworn by a Notary Public to faithfully and impartially perform the duties of their respective offices with fidelity. At 7:30 o'clock P. M. on the Second Tuesday in the month of March following the annual election, the Mayor and City 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 as aforesaid.

At this annual meeting, on the Second Tuesday in the month of March in each and every year, the City Council shall organize and elect, by ballot, a Vice-President, who shall hold office for the term of one year, or until his successor shall be duly elected.

It shall be the duty of the Vice-President to preside at all of the meetings of the City Council, in the absence of the Mayor, and to perform such other duties of the Mayor, in his absence, as are prescribed by Section 14.

There shall be twenty-four stated regular meetings of City Council to be held on the Second and Fourth Tuesday of each month.

SPECIAL MEETING.

Section 7. A special meeting may be called by the Mayor and shall be called by him upon written request of three members of the Council. The City Council 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 any such special meeting, called as aforesaid, as Council has at any regular meeting.

QUORUM.

Section 8. A majority of the members elected to the City Council shall constitute a quorum at any regular or special meeting; 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.

SEAFORD VACANCIES.

Section 10. If any vacancy shall occur in the office of Mayor or Councilman, by death, resignation, loss of residence in the City of Seaford, refusal to serve, failure to elect or otherwise, the same may be filled by a majority vote of the members of the City Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members and shall hold office until the next annual election, at which time said vacancy or vacancies shall be filled by an election for the remainder of the unexpired term.

DISQUALIFICATIONS.

Section 11. If any Councilman or Mayor, during his term of office, shall be found guilty of any crime or misdemeanor and sentenced to imprisonment for any term whatever, or shall for any reason cease to be a resident of said City, he shall forthwith be disqualified to act as a member of Council or Mayor, and his office shall be deemed vacant and shall be filled by Council, as aforesaid.

CONTRACT WITH MEMBERS.

Section 12. It shall be unlawful for the said Council to make or enter into any contract for materials, supplies, work or labor for the use and benefit of the City of Seaford with any members of the Council or with any partnership in which any member of Council is a partner, or with any corporation in which any member of Council is a director or stockholder or with any firm or company in which any member of Council is pecuniarily interested, except with the unanimous consent of the entire City Council, and such contract shall be absolutely null and void without such unanimous consent.

OFFICERS.

Section 13. (A) The City Council shall at the annual meeting held on the Second Tuesday in the month of March appoint, by a majority vote, a City Manager, Auditors, City Solicitor, Board of Assessors, 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 except as hereinafter provided. Any officer elected by a vote of the Council may be removed at any time by the Council at their pleasure.

(B) The City Manager shall be neither Mayor nor a member of Council, and may or may not be a resident of the City of Seaford. The City Manager shall hold office for such term and at such compensation as the City Council shall determine. His duties shall be those of Treasurer, Secretary, Water and Utility Superintendent, Tax Collector and Receiver of all revenues, rents and profits accruing to the City of Seaford, and the Council may by ordinance or resolution, impose upon him any further duty or duties as they shall see fit to properly carry out the provisions of this Act.

The City Manager shall record all the proceedings of the Council and keep a correct journal of the same in a book to be provided for that 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 immediately deliver the same to his successor in office. The City Manager shall attest the Seal of the City when authorized by Council.

The City Manager shall render to Council at the first meeting in each and every month a true, accurate and detailed account of all monies collected or by him received in the performance of his duties. He shall file with the City Council a bond with corporate surety in the sum of $10,000.00 approved and paid for by Council, for the faithful performance of his duties. The City Manager shall pay all orders drawn on him by order of said Council and signed by the Mayor out of any monies in his hands belonging to said City. He shall settle his account with said Council annually and at such other times as Council may require.

The City Manager shall deposit the funds of the City of Seaford as equally as possible in the recognized banking institutions of the City of Seaford.

(C) The Council by ordinance may fix the salaries and compensation of all its employees and 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 date and term of their appointment for employment, the salary or compensation and the date of termination of service.

PRESIDING OFFICER.

Section 14. (A) The Mayor shall preside at all meetings of the Council, but shall vote only in case of a tie. He shall appoint all committees, receive complaints of nuisances, and other complaints of citizens of violations of laws and ordinances, and present the same to the Council at their first meeting thereafter for their action, and such infraction or violation of the law or ordinances as require immediate action to cause the same to be proceeded on before the Mayor, Alderman or resident Justice of the Peace. He shall sign all warrants on the City Manager for the payment of any money, and shall perform such other duties as may be prescribed by any ordinance or ordinances of the City Council.

DUTIES OF THE MAYOR.

Section 15. (A) The Mayor shall be a Conservator of the Peace, and shall have concurrent, jurisdiction with the Alderman hereinbefore provided for, and if no Alderman is appointed, he shall perform all of the duties prescribed for this office, and all fines, penalties and fees collected by him shall be paid to the City Manager. The Council shall procure a suitable record for such Mayor, which shall be known as the "Mayor's Docket," upon which his official acts and proceedings shall be entered and kept.

(B) The Mayor shall issue and sign all permits and all licenses for every exhibition within the City of Seaford, for which by Paragraph 3896, Section 1 of the Revised Code of 1935, a license is required, and shall collect the fees for the same.

(C) The Mayor and Alderman shall on the first regular meeting in each month report to the City Council all fines, penalties and fees imposed by them during the preceding month and pay over to the City Manager all such fines, penalties and fees due to the City received by them during said time, and any default of making such report and payments for a period of twenty days after such report should be made, and such fines and penalties should be paid as aforesaid, they shall be deemed guilty of a misdemeanor and upon conviction thereof by indictment, shall be fined not less than twenty-five nor more than one hundred dollars.

() The Mayor shall perform such other duties and have such other powers as are elsewhere prescribed by this Act, or may, by ordinance of the Council, be imposed upon or granted to him.

() The Mayor shall, on the first day of his term or as soon thereafter as convenient, appoint some suitable person a Chief of Police, who shall be at the head of the Police Department of said City. Before assuming the duties of his office, such appointment shall be approved by the City Council. He shall hold office at the pleasure of the Mayor and shall receive such compensation as the Council shall fix. The Mayor shall also appoint such assistants to the said Chief of Police as the Council may by ordinance or resolution authorize. These also shall hold office at the pleasure of the Mayor and shall receive such compensation as the Council may fix, and shall pay over to the City Manager all fees collected by them.

(A) The Mayor shall receive an annual salary of One Hundred and Twenty Dollars ($120.00).

(G) The Mayor may on the first day of his term or as soon thereafter as convenient, appoint some suitable person who shall be a qualified voter of the City of Seaford, as Alderman, who may or may not be a Justice of the Peace, and who shall hold office for a term of one year or until his successor shall be appointed or chosen, subject, however, to removal according to the provisions of this Act.

The Council shall procure a suitable record for such Alderman which shall be known as the "Alderman's Docket" upon which his official acts and proceedings shall be entered and kept.

(H) The Mayor may for any reasonable cause, by and with the consent or upon the address of a majority of all the members of the Council, remove from the office, any person appointed by him or by any of his predecessors. The person against whom the Mayor or the Council may be about to proceed shall receive five days' notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair hearing.

DUTIES OF ALDERMAN.

Section 16. Before entering upon the duty of his office, he shall be sworn or affirmed by the Mayor to perform the duties of his office, honestly, faithfully and diligently. It shall be his duty to execute all laws enacted for the government of said City and to carry into effect all orders and directions of the City Council made in pursuance of any law of this State or of any ordinance that the said City Council may legally make or establish. He shall have all the powers of a Justice of the Peace within the City and shall have jurisdiction and cognizance of all breaches of the Peace and other offenses in said City so far as to arrest and to hold to bail or fine and imprison offenders; and also of all fines, forfeitures and penalties which may be prescribed by any law of this State, or by any ordinance of the City; and also all neglects, omissions or faults of any City Police Officer, City Manager or any other officer or person whose duty it may be to collect, receive, pay over or account for any money belonging to said City, or to execute or obey any law or ordinance thereof, provided, that he shall not impose any fine exceeding One Hundred Dollars, or have jurisdiction in civil matters. His fees for any services under this Section shall be the same as those of a Justice of the Peace for like services and for any services or duty for which no fee may be provided by law, the fee may be established by ordinance of the City Council. In case of vacancy in the office of Alderman for any reason whatsoever, the Mayor may appoint a suitable person to said office for the residue of the term. If any Alderman shall be removed from his office as hereinafter provided, he shall deliver to his successor in office, within two days after the appointment of his successor, all the books and papers belonging to his office, and shall pay over to the City Manager all moneys in his hands, belonging to the City within five days after his removal. Upon his neglect or failure to pay over to the City Manager aforesaid, all moneys belonging to the City, he shall be deemed guilty of a misdemeanor and upon conviction thereof by indictment shall be fined not less than Twenty-five nor more than One Hundred Dollars.

DUTIES OF POLICE.

Section 17. The said Police Officers shall be Conservators of the Peace within the limits of said City and shall monthly, or as often as the Mayor shall deem desirable, submit a report to the Mayor setting forth the number of arrests made during said preceding month. The Police Officers shall see that ordinances are enforced, and they together with such assistants or other policemen as may be appointed, shall have power to arrest any person or persons for the violation of said ordinances wherein an arrest for violation is provided; and in addition thereto they shall perform such other duties as are now or may hereafter be prescribed by the laws relating to said City, and by the ordinances thereof, and shall have all of the same powers and functions that Constables of Sussex County now have, or may hereafter have as Conservators of the Peace.

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 Sussex County, and in the case of pursuit of an offender, their power and authority shall extend to any part of the State of Delaware.

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 Justice of the Peace for hearing.

If any Police officer shall neglect or refuse to perform any of the duties required of him by this Act, he shall be deemed guilty of a misdemeanor, and it shall be the duty of the Mayor of said City to present him to the Grand Jury of Sussex County, and upon conviction he shall be fined in a sum not less than Ten nor more than One Hundred Dollars, and may be imprisoned in the discretion of the Court for any term not exceeding one year, and upon such conviction he shall ipso facto forfeit his office.

BOARD OF HEALTH.

Section 18. The Mayor, with the approval of Council shall appoint in the month of March 'of each and every year not less than three nor more than seven persons, of whom at least one shall be a physician duly authorized to practice medicine, who shall constitute a Board of Health for said City, and who shall serve for one year, and whose duty shall be to have cognizance of the interests of health and life among the people of said City and to report to the City Council in writing whatever in their judgment is injurious to the health, or that shall contribute to useful sanitary information. The said Board shall have all the powers vested by the laws of this State, now or hereafter enacted, in Boards of Health generally, and also such additional powers as may be conferred by ordinances adopted by the City Council of the City of Seaford. Said Board shall organize by the election of a President and Secretary within ten clays after notice of their appointment, and said Board shall keep a record of their proceedings and acts as a Board.

AUDITORS.

Section 19. The City Council shall annually appoint certified accountants as auditors, not members of the Council, who shall, during the month of February of each year examine and audit the books and accounts of the Council and City Manager, Mayor and Alderman for the fiscal year ending the thirty-first day of the previous January. After having completed such examination and audit, the said auditors shall submit a full detailed report thereof to the Council, and the same shall be spread in full upon the minutes of the Council; which said report shall show the amount of taxes or other revenues remaining unpaid; the amount of money received by the City Manager and when and from what source; and the amounts paid out by the City Manager upon orders; the amount of fines imposed by and received by said Mayor and Alderman and the amount of license fees collected by said Mayor; and the number and amounts of all orders drawn by the Council and the nature of the bills for which said orders were drawn. The Auditors shall receive for their services a reasonable compensation per annum.

It shall be the duty of the City Manager to cause a full detailed statement of said examination and audit to be published in at least one newspaper printed or published in said City or posted in at least ten of the most public places in said City of Seaford at least ten days prior to the annual election.

CITY SOLICITOR.

Section 20. 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 Sussex County. It shall be his duty to give legal advice to the Council and other officers of the Council and to perform other legal services as may be required by the Council.

CITY BUDGET.

Section 21. Annually in each year, and not later than the First of May, 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 February First to January Thirty-first of the following 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 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.

FIRE DEPARTMENT APPROPRIATION.

Section 22. The Council shall set aside or appropriate annually a sum not to exceed ten per cent of the total amount collected as taxes on real estate, to be used for providing equipment for, and the maintenance of the Seaford Volunteer Fire Department, Inc. This fund shall be known as the Fire Department Fund, and shall remain in the custody of the City Manager to be expended by him upon orders drawn by the President and Treasurer of the Fire Department, and approved by the City Council. The President of said Fire Department shall, on or before the First day of March of each year, submit a report to the said City Council setting forth the number of fires during the preceding year, and the condition and efficiency of said Fire Department.

ASSESSORS AND ASSESSMENT OF TAXES

Section 23. (A) At the first regular meeting of the City Council after the approval of this Act, or as soon thereafter as may be possible, the City Council shall appoint three qualified freeholders, resident in said City, who shall compose the Board of Assessment. Before the said freeholders, comprising the Board of Assessment aforesaid, shall perform any duties they shall take oath before a Notary Public to perform the duties of their office with fidelity.

(B) It shall be the duty of the Board of Assessment of said City, so as aforesaid appointed, to assess each citizen, resident of the City above the age of twenty-one years $2.00 per capitum, and also the real and personal property of each citizen subject to assessment and taxation for County purposes, and also non-residents of said City who may own real estate in the City of Seaford. The said real and personal property shall be assessed at its actual value, provided, that any real estate included within said corporate limits, not laid out in building lots nor plotted as such, but used exclusively as farm lands, in excess of five acres in one tract, shall be exempt from taxes for City purposes, and should there be any buildings or improvements on any said real estate, said buildings or improvements shall be assessed with said real estate, and said buildings or improvements shall not be exempt from such assessment.

The said Board of Assessment shall make fair and impartial assessments to the best of their knowledge and information, and shall return the same to the Council within six weeks next after their appointment. The Board of Assessment may adopt the valuations of real estate as made by the Board of Assessment of Sussex County, if in their judgment it is considered proper so to do.

(C) The City Council shall, within five days next after receiving the assessment list as completed by said Board of Assessment, cause a full and complete transcript thereof to be posted in a public place in said City, there to remain for the space of ten days thereafter for public inspection; and the said Council shall, on the Monday next after the expiration of the said ten days sit as a Board of Revision and Appeal which shall continue open from two o'clock P. M. to four o'clock P. M. on said day, at which time they shall hear and determine appeals from the assessment, and make corrections, alterations or additions in and to said assessment. The said Council, sitting as a Board of Revision and Appeal, shall have full power and authority to alter, revise, add to, and take from the said assessment, provided that in the event the Council desires to increase the assessment of the property of any person or persons, partnerships or corporations in said City shall first give sufficient notice of its intentions so to raise said assessment at least five days before the sitting of the Council as a Board of Revision and Appeal for the purpose of increasing the assessment as aforesaid. The assessment, as revised and adjusted by the Council, shall be the basis for the levy and collection of the taxes for the City, subject to any additions hereinafter provided.

Notice of the posting of said assessment list, and also notice of the time and place, the Council shall sit as a Board of Revision and Appeal, shall be given by posting up notices in at least five public places in said City of Seaford.

() The determination of said Council, sitting as a Board of Revision and Appeal, upon any appeal or upon any matter relating to the aforesaid assessment, shall be final and conclusive.

(A) A member of the City Council shall not sit upon his own appeal, but the same shall be heard and determined by the other members of said Council. After the said valuation and assessment shall be examined and adjusted by the City Council, all taxes shall be levied, assessed and raised on the real estate, personal property and persons thus valued and assessed, in just and equal proportions and rates.

(F) The Assessment and valuation of real estate in the City of Seaford as made by said Board of Assessment, and as corrected, altered or added to by the City Council at its sitting as a Board of Revision and Appeal hereinbefore mentioned, shall stand and be acted upon for three years.

(G) After the said Board of Assessment shall have completed the assessment of persons and property in said City of Seaford, and shall have made their report to the City Council, their duties as members of said Board of Assessment shall be completed, and no other or further duty in respect of the assessment of persons or property in said City shall devolve upon them. They shall receive such compensation as shall be fixed and allowed by the City Council.

(H) Each third year following the year A. D. 1941, at the first regular meeting of the City Council, following the election held on the First Monday in March of such third year, or as soon thereafter as may be possible, the City Council shall appoint three qualified freeholders of said City resident therein, to compose the Board of Assessment, for the general assessment of persons and property in said City of Seaford as hereinabove provided, subject to the same duties, requirements and conditions as hereinbefore set forth.

The Compensation of the above assessors shall be fixed by Council.

() At the first regular meeting of the City Council following the election held in said City of the First Monday in March in each year, when, under the provisions hereof, no Board of Assessment shall be appointed, or as soon after said regular meeting as may be possible, the City Council shall appoint a qualified freeholder of said City to make an annual assessment of persons subject to capitation tax, personal property, and improvements on real estate not included in the assessment made by the Board of Assessment. Such assessor shall make strict inquiry, and shall assess all personal property subject to assessment and taxation, and shall add to the assessment list all persons subject to capitation tax, and shall remove therefrom the names of persons who have died or who have removed from said City, and shall assess at the actual value all buildings, or other improvements on real estate made since the last general assessment of the Board of Assessment.

(J) All of the provisions of this Act relative to the completion of assessments, the posting of transcripts of the assessment list, the sitting of the City Council as a Board of Revision and Appeal and the posting of notices of the time and place of hearing appeals from the assessment, shall apply to the annual assessment made by said assessor; but the City Council shall not at the time of hearing appeals from the annual assessment, hear or determine any matter relating to the assessment of real estate except with respect to the valuation of buildings or improvements thereon and farm lands plotted into building lots not included in the last general assessment.

(K) The compensation of the assessor of the scrap assessment shall be fixed by the City Council.

(L) 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 now 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 Collector of Taxes as in case of other taxes and the Council shall have authority to cause the same to be removed.

(M) 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.

TAXATION AND COLLECTION THEREOF.

Section 24. The City Council after having ascertained the sum necessary to be raised for the purpose of this Act, which sum shall not in any year exceed Thirty Thousand Dollars, clear of all delinquencies and expenses of collecting, and after having apportioned the same on the assessment and valuation aforesaid, shall annually in the month of May, or as soon thereafter as convenient, cause to be delivered to the City Manager, a list containing the names of the taxables, as well the owners of real estate as those now owning real estate, and opposite the name of each the amount of the real estate, his city poll or per capita and assessable personal property, and the tax on the whole valuation and assessment, and the rate per hundred dollars, which list shall be signed by the Mayor of said City. The City Manager immediately after receiving said list, and in collecting the same, shall have all the powers conferred by law upon the Receiver of Taxes and County Treasurer of Sussex County as set forth in Art. IV Chapter 45 of the Revised Code of Delaware, 1935, and shall be bound to follow the procedure therein set forth in enforcing the collection of taxes. In the collection of said taxes, the City Manager, shall make an abatement of five per centum on all taxes paid before the First day of August; on all taxes paid after the First day of August and before the First day of January, there shall be no abatement; and on all taxes paid thereafter, there shall be added one per centum per month until the same shall be paid. The Council shall have power to make just allowances for delinquencies in the collection of taxes.

*So enrolled.

NEW STREETS.

Section 25. The City Council shall have power, upon the application, by petition, of five freeholders of the City to locate, lay out and open any new street or streets, lane or lanes, alley or alleys, or widen any street, lane or alley heretofore laid out or hereafter to be laid out in said City, or reopen any old street or streets, lane or lanes, alley or alleys now closed or which may hereafter be closed, which five or more freeholders may desire to be located, laid out and opened, or widened, or reopened, allowing to the persons respectively through or over whose lands such street or streets, lane or lanes, alley or alleys may pass, such compensation therefor as they shall deem just and reasonable under all circumstances; which compensation, if any be allowed, shall be paid by the City Manager out of the moneys of said City, upon warrants drawn upon him by order of the Council aforesaid.

Whenever the City Council shall have determined to locate and lay out, or widen any street, lane or alley, and shall have fixed the compensation therefor, it shall be their duty, immediately after the survey and location of the said street, lane or alley, to notify, in writing, the owner or owners of the real estate through or over which such street, lane or alley may run, of their determination to open and widen the same, and to furnish a general description of the location thereof; also the amount of the compensation or damages allowed to each, and if such owner be not a resident within the City, to notify the holder or tenant of said real estate; but if there be no holder or tenant resident in said City, the said notice may be affixed to any part of the premises. If any owner be dissatisfied with the amount of compensation or damages allowed by the City Council as aforesaid, he or she may, within ten days after such notice as aforesaid, appeal from the said assessment of compensation or damages by serving written notice upon the Mayor of the City to the effect that he or she is dissatisfied with the amount of said compensation or damages, and that it is his or her intention to make written application to one of the Judges of the Superior Court of this State, resident in Sussex County, for the appointment of a commission to hear and determine the matter in controversy; and in order to prosecute said appeal, such owner shall within fifteen days after serving said notice upon the Mayor as aforesaid, make written application to said Judge of the Superior Court of this State resident in Sussex County for the appointment of such a commission; and thereupon the said Judge shall issue a commission, under his hand, directed to five freeholders of the said County, three of whom shall be residents of the City of Seaford, and two of whom shall be non-residents of said City, commanding them to assess the damages which the owner of the real estate through or over whose lands said street, lane or alley shall pass, who shall have notified the said City Council of their intention to appeal, may incur by reason thereof, and to make return of their proceedings to the said Judge at a time therein appointed. The freeholders named in such commission, being first duly sworn or affirmed, as in said commission shall be directed, shall view the premises, and they, or a majority of them shall assess the damages as aforesaid, and shall make return, in writing, of their proceedings in the premises to the said Judge, who shall deliver said return to the City Council, which shall be final and conclusive. The said Judge shall have power to fill any vacancy in the commission. The amount of damages being so ascertained, the City Council may pay or tender the same to the person or persons entitled thereto within one month after the same shall be finally ascertained, or if the person or persons so entitled reside out of, or is or are absent from the City during the said period of one month, then the same may be deposited to his or her credit in the Farmers' Bank of the State of Delaware, at Georgetown, within said time, and thereupon the said property or lands may be taken or occupied for the uses aforesaid. In the ascertainment and assessment of damages by the freeholders appointed by the Judge aforesaid, if the damages shall be increased the cost of the appeal shall be paid by the City Manager out of any money in his hands belonging to the City; but if said damages shall not be increased, the cost of appeal shall be paid by the party appealing. The said freeholders shall, severally, receive and be allowed for each days actual service the sum of Five Dollars. After the damages shall be fixed and ascertained by the freeholders, the City Council shall have the option to pay the damages assessed within the time aforesaid, and to proceed with the said improvements, or, upon the payment of the costs only, may abandon the proposed improvements.

CURBING AND PAVING.

Section 26. (A) Whenever the said City Council shall have determined that any paving, graveling, curbing or any or either or all of them shall be done, they shall notify the owner or owners of the land along or in front of whose premises the same is to be done, particularly designating the nature and character thereof, and thereupon it shall be the duty of such owner or owners to cause such paving, graveling and curbing to be clone in conformity with said notice. In the event of any owner or owners neglecting to comply with said notice for the space of thirty days, the said Council may proceed to have the same done, and when clone the City Manager, shall as soon as convenient thereafter, present to the owner or owners of such lands a bill showing the expenses of such paving, graveling and curbing; if such owner or owners be not resident in the City of Seaford, such bill may be presented to the occupier or tenant of said lands, or if there be no occupier or tenant resident of said City of Seaford, such bill may be sent by mail to such owner or owners directed to him, her or them at the post office nearest his, her or their residence. If such bill be not paid by the owner or owners of such lands within sixty clays after the presentation thereof as aforesaid, then it shall be the duty of the said City Council to issue a warrant in the name of the City of Seaford, under the hand of the Mayor of the City and seal of said City, directed to the City Manager of The City of Seaford, commanding him that of the goods and chattels, lands and tenements of such owner or owners, he should cause to be levied and made the amount of said bill, together with all costs. It shall be the duty of the City Manager of the City of Seaford, as soon as convenient after the said warrant shall be delivered to him, and after ten days' notice to the owner or owners of such lands, and after posting five or more notices of sale in at least five public places in the City of Seaford, at least ten days before the clay of sale, to sell the goods and chattels of said owner or owners at public auction, or so much thereof as may be necessary to pay the amount of said bill with all costs. If no goods and chattels of such owner or owners can be found within said City sufficient to satisfy the amount of said bill with all costs, then it shall be the duty of the said City Manager of the said City of Seaford, after ten clays' notice to such owner or owners as aforesaid, and after posting five or more notices of sale in at least five public places in the City of Seaford, for at least ten days before the day of sale, and after causing such notice of sale to be published twice in one newspaper printed in the said City of Seaford, or if there be no newspaper printed in the said City of Seaford, then in a newspaper printed anywhere in Sussex County, to sell the lands and tenements of such owner or owners along or in front of which such paving, graveling and curbing, or either of them, have been done, or so much of said lands and tenements as may be sufficient to satisfy the amount of said bill with costs, and a deed from the City Manager of said City of Seaford shall convey to the purchaser or purchasers of such lands and tenements as full and complete title, in fee simple or otherwise, as if the same were executed by the owner or owners thereof. The claim for paving, graveling and curbing shall be a lien on the premises along or in front of which the said work was done, and shall have priority over any lien, encumbrance or conveyance suffered or made by the owner or owners after the presentation of the said bill as aforesaid; provided that within thirty days after the completion of said improvements a certificate under the corporate seal of the City of Seaford, signed by the Mayor, setting forth the amount of the bill, the date of the completion of the improvements and a description of the property affected by said lien with the name or names of the owner or owners shall be recorded in the office of the Recorder of Deeds at Georgetown, in and for Sussex County; and the record of such certificate, or a duly certified copy thereof shall be evidence in all Courts of law and equity in this State. Any such lien heretofore acquired shall be continued, provided that a certificate as above described shall be recorded in the said office of the Recorder of Deeds within ninety days after the approval of this Act. It shall be the duty of the City Manager of the said City from the purchase money of the said goods and chattels or lands and tenements, sold as aforesaid, to pay all costs arising from the proceeds of said sale to the parties entitled thereto, and to retain for the use of said City the amount of the said bill as aforesaid, and the residue of the said purchase money, if any, shall be deposited in the Farmers' Bank of the State of Delaware at Georgetown, to the credit of the said owner or owners. The City Manager of the said City shall be entitled to receive five dollars for every sale of personal property under this Section, and ten dollars for every sale of real estate under this Section, together with such additional sum as may be reasonable and proper for the keeping, taking care of such personal property, for selling the same and for advertising all of which shall be part of the costs to be paid out of the purchase money as aforesaid. Any notice, required by this Section, to one co-owner shall be notice to all, and in case no owner shall reside in said City, notice served upon the occupier or tenant shall be sufficient, or if there be no owner, or occupier, or tenant of said premises resident in the City, it shall be sufficient to send notice by mail to any owner or owners of said premises, directed to him, her or them at the post office nearest his, her or their place or places of residence; the provisions hereinbefore contained in this Section shall apply to any order made by the City Council in respect to any pavement, sidewalk or curb heretofore made or done, which the said Council may deem insufficient or to need repairing. The said Council, in addition to the provisions of this Section hereinbefore contained, shall have power and authority to enforce by ordinance, all the requirements of this Section, by imposing such fines and penalties as shall, in the judgment of said Council, be necessary and proper.

(B) In addition to the remedies herein provided for the collection of bills relative to the curbing and paving of properties, or for the collection of taxes or any other debt or demand due the City of Seaford, it shall be lawful for the City Council in the name of the City of Seaford, to institute an action before any Justice of the Peace of the County of Sussex if the amount of the demand be Five Hundred Dollars or less, or before the Superior Court of the State of Delaware, if the amount of the demand be more than Five Hundred Dollars, and thereupon to obtain judgment for the amount of such demand or debt, and to collect the same in the manner now or hereafter provided for the collection of judgments in the State of Delaware.

CONDEMNATION FOR PUBLIC PURPOSES.

Section 27. The City shall have the power to acquire lands, tenements, property or interests therein, by condemnation for the purposes of providing sites for public buildings, parks, sewers, sewage disposal plants and water works, whether within or without the limits of the City, the procedure for which shall be substantially the same as herein provided in the case of condemning land for streets and highways, with the necessary changes as to detail.

GOOD GOVERNMENT.

Section 28. That the said Council of The City of Seaford for the good government and welfare of said City, shall have power to make, establish, publish and modify, amend or repeal ordinances, rules, regulations and by-laws for the following purposes:

To prevent vice, drunkenness and immorality; to preserve peace and good order; to prevent and quell riots, disturbances and disorderly assemblages; to restrain and suppress disorderly and gaming houses, and houses of ill fame; all instruments and devices for gaming, and to prohibit all gaming and fraudulent devices; to prohibit, restrain and regulate all sports, exhibitions of natural and artificial curiosities, moving pictures, merry-go-rounds, caravans of animals, theatrical exhibitions, circuses or other public performances and exhibitions for money, and fix the sum to be paid for such licenses to the City; to ascertain and establish the boundaries of all streets, avenues, highways, lanes and alleys in said City, and prevent and remove all encroachments on said streets, avenues, highways, lanes, or alleys; to regulate, clean and keep in repair the streets, highways, avenues, parks, lanes and alleys, wharves and docks in said City; to prescribe the manner in which corporations or persons shall exercise any privilege granted to them in the use of any street, avenue, highway, lane or alley in said City, or in digging up any street, avenue, highway, lane or alley for the purpose of laying down pipes, or for any other 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 direct and regulate the planting, rearing, trimming and preserving of ornamental shade trees in the streets, avenues, parks and grounds of said City, and to authorize or prohibit the removal or destruction of such shade trees, and to enforce the removal of snow, ice or dirt from the sidewalks and gutters by the owner or occupants of the premises fronting thereon; to level, grade, flag or reflag, curb, or re-curb, gutter or re-gutter, pave or repave, macadamize, gravel, or shell the streets, avenues, highways, lanes and alleys of said City, and the sidewalks and gutters thereof, or any of them, or any parts or sections of the same, and to prescribe the manner in which any such work shall be performed; to direct the digging down, draining, filling up or fencing of lots, pieces or parcels of ground in said City, which shall be by said City Council deemed dangerous or unwholesome, or when such digging down, draining, filling up or fencing shall be deemed necessary, to carry out any improvement authorized by this Act, to prescribe the manner in which said work shall be performed and to cause the expenses 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; to prevent or regulate the erection of any porch, step, platform, or bay window, cellar door, gate, aerie, descent into a cellar or basement, sign or any post or erection, or any projection or otherwise, in, over or upon any street, sidewalk, lane, alley or avenue, and to remove the same where already erected, at the expense of the owner or occupant of the premises; to regulate, protect and improve the public grounds of said City; to provide lamps and to light the streets and public places of every description in said City; to make and regulate wells, pumps, aqueducts and cisterns in the public streets; to restrain the running at large of horses, cattle, swine, goats, and other animals, geese and 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 regulate and prevent the running at large of dogs; to authorize the destruction of dogs running at large, and to impose taxes on the owners of dogs; to locate, regulate and remove slaughter houses and hog pens, privies and water closets; to prescribe and regulate the places of vending and exposing for sale wood, hay, straw and other articles from wagons or other vehicles, to regulate or prohibit any practice having a tendency to frighten animals or to annoy persons passing in the streets or on the sidewalks in said City; to restrain drunkards, vagrants, mendicants and street beggars; to prescribe the manner in which all contracts are performing work or furnishing materials for the City shall be made and executed; to abate or remove nuisances of every kind, at the expense of those maintaining the same, 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 Council or local Board of Health to the health of the inhabitants of the City, to cleanse, remove or abate the same, under the directions of the Council. To regulate and control the manner of building or materials used therein or removal of dwelling houses or other buildings, and to provide for granting permits for the same; to establish a building line for buildings hereafter to be erected; provided that such building line for buildings shall not be established more than twenty feet back from the front line of the lots. To exempt from taxation for municipal purposes for a period not to exceed ten years any manufacturing industries which may hereafter be located in said City of Seaford. To prohibit within certain limits to be from time to time prescribed by ordinances, the building or erection of stables; to regulate the construction of chimneys, to compel the sweeping thereof, to prevent the setting up or construction of furnaces, stoves, boilers, ovens or other things in such manner as to be dangerous; to prohibit the deposit of ashes in unsafe places, to authorize any City Officer 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 compel the erection or maintenance of proper and adequate fire-escapes on all public buildings; to regulate or prohibit the carrying on of manufactories dangerous in causing or promoting fires; to regulate or prohibit the manufacture, sale or use of fireworks, and the use of fire-arms in said City; to regulate or prohibit the use of candles and light in barns, stables, and other buildings. To establish, regulate and control a suitable sewer and drainage system for said City; to regulate or prohibit swimming or bathing in the river in front of or contiguous to said City; or in the water within the limits of said City; to provide sanitary measures for the health of the citizens, and to prevent the introduction of infectious or contagious diseases; for which purpose their jurisdiction shall extend to any distance within one mile of the limits of said City. The City Council shall have power to enact ordinances not in conflict with the laws of the State of Delaware, as it may deem necessary and beneficial for the safety, regulation and control of pedestrians, automobile and animal driven traffic over the streets, to define, prevent and abate nuisances within the City and the use of the streets in connection with the operation of public utilities outside of the City, to levy and collect taxes on gas and water mains, underground conduits, telephone, telegraph, electric current or other poles or erections of like character in said City, together with the wires thereon strung and to this end may at any time direct the same to be included in or added to the City Assessment with the authority of Council to cause such mains, conduits, poles and wires to be removed and suit to be instituted to collect the taxes so levied, in the event the owner or lessees thereof refuse or neglect to pay such taxes; Council may enact ordinances to prevent, abate or regulate electrical or other interferences with radio reception in said City. Council shall have power upon inspection to condemn any existing building or structure that it deems to be a fire menace and to cause the same to be torn down or removed. To contract with, or to grant franchises, concessions or rights of any person, persons, firm, partnership or corporation who may apply for the privilege of erecting wharves or piers, or for the use of any street, highway, avenue, lane, alley, or other City property, for the construction and operation of steam, motor or electric railways, electric light power and water plants and distribution system. To make and establish ordinances pertaining to the manufacture and sale of electric current in said City, such other ordinances, regulations, rules and by-laws, not contrary to the laws of the State or of the 'United States, as they, the said Council, may deem necessary to carry into effect the powers and duties conferred and imposed upon them by this Act or any other law of this State, and such also as they may deem necessary and proper for the good government, order, protection of persons and property, and for the preservation of the public health and property of said City and its inhabitants.

The City Council shall have power and authority to make, establish and publish such ordinances as they may deem beneficial for the good government of the said City at any regular or special meeting. The Council shall have and it is hereby vested with power and authority to prescribe the fines and penalties for violations of any of the provisions of this Act, or of the ordinances which they may enact in pursuance hereof, such fines and penalties which may be imposed, either by this Act or the Ordinances enacted as aforesaid, may be collected before the Mayor, Alderman or any Justice of the Peace of said City, and in default of payment, said Mayor, Alderman or Justice of the Peace may commit to the City lock-up or to the public jail of Sussex County for any time not exceeding thirty days, or until such fines and cost shall be paid; and all ordinances so made, established and published shall be in full force and effect immediately upon the publication of them by said Council.

All prosecutions for the violation of ordinances shall be before the Mayor, Alderman or before any Justice of the Peace of the State of Delaware, resident in the City of Seaford, and shall be in the name of the State of Delaware.

It shall be the duty of the warden of said Sussex County jail to receive and lock-up in said jail any person committed to his custody under the provisions of this Act, or under the provisions of any ordinance of the City Council. The City of Seaford shall pay for the board of all persons committed to jail for violations of the Charter or Ordinances of the City of Seaford.

The fees for the arresting officers and the appropriate officer before whom the trial is conducted shall be the same as are at present allowed to Constables and Justices of the Peace of Sussex County.

TREES.

Section 29. 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 pest 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.

USE OF TOWN MONEY.

Section 30. The City Council shall have the power and authority to use the money in the treasury of said City, or of any portion thereof, for the improvement, benefit, protection, ornament, and the best interest of the said City as it may deem advisable and to use the City money to accomplish and carry into effect all acts and things which it has power to do by virtue of the Constitution, Laws of Delaware, this Act and all lawful ordinances and resolutions of Council. In the general performance of their duties the acts, doings and determination of a majority of the Council of said City shall be as good and binding as the acts, doings and determination of the whole. In case of vacancy or vacancies in the City Council, the remaining members, until such vacancy or vacancies shall be filled as hereinbefore provided, shall have the same power and authority as the whole. A majority of the Council shall constitute a quorum for the transaction of business.

OBSTRUCTIONS, NUISANCES AND UNSANITARY CONDITIONS.

Section 31. The City Council shall have power and authority to enact ordinances or adopt resolutions to define, prevent, abate and remove all obstructions, nuisances and unsanitary conditions at any time existing or deemed to be contemplated whether in the street, squares, lanes, or alleys, or on the sidewalks or in any other public or private place within the limits of said City either on its own inspection, or upon the written complaint of any citizen of said City, stating the character and location of the obstructions, nuisances or unsanitary conditions, and signed by the citizen making the complaint. If a majority of Council, either upon inspection or upon such information, or both, shall determine that such obstructions, nuisance, or unsanitary condition exists and ought to be removed or abated, as the case may be, Council shall enact an ordinance or adopt a resolution, or both, appropriate to the contemplated or existing condition and Council shall thereupon give notice in writing, signed by the Mayor to the person or persons contemplating or causing such obstruction, nuisance or unsanitary condition, or to the person or persons who are responsible for its existence or continuance, to remove or abate the same and if such person or persons refuse or neglect for the space of two days after such notice is mailed to remove or abate the stated condition, Council shall have power and authority to cause such obstruction, nuisance or unsanitary condition to be removed or abated; and for this purpose Council may issue a warrant in the name of the City of Seaford, under the hand of its Mayor, and the Seal of the City, and directed to any Constable of Sussex County, commanding him forthwith to remove or abate such obstruction, nuisance or unsanitary condition, whereupon the Constable to whom said warrant may be delivered, shall forthwith proceed to remove or abate the same and for such purpose he shall have full power and authority to enter into and upon any lands and premises in said City, and to take with him such assistance, implements, horses, carts, wagons, automobiles, trucks, or other things, as may be necessary and proper, and to do and perform all matters and things right, proper and necessary to be done for the removal or abatement of such obstruction, nuisance or unsanitary condition. The costs of all the necessary work, labor and proceedings of the City in the removal or abatement of such obstruction, nuisance or unsanitary condition shall be determined by Council upon the completion of the work, and if such amount be not paid to the City Manager, for the use of the City, by the person or persons causing or responsible for such obstructions, nuisance or unsanitary condition, within ten days after a bill stating the amount of such costs is presented or mailed to such person or persons, at their last and best known post office address, then Council may proceed to collect the same out of the goods and chattels, lands and tenements of such person or persons, and it shall be the duty of Council to issue a warrant in the name of the City of Seaford under the hand of the Mayor, and the Seal of the City, directed to the Alderman or any Justice of the Peace of the City, commanding him that of the goods and chattels, land and tenements of such person or persons he shall cause to be levied and make the amount of said bill, together with all costs. It shall be the duty of the Alderman or a Justice of the Peace, as soon as convenient thereafter, and after ten clays written notice to such person or persons deposited in the mails and directed to such person or persons at his or their last and best known post office address, and after posting five or more notices of sale in at least five of the most public places in said City at least ten days before the day of sale, to first sell the goods and chattels of such person or persons at public auction in said City, or so much thereof as may be necessary to pay the amount of said bill with all costs. If not* (*So enrolled) goods or chattels of such person or persons can be found in said City, or the goods and chattels found and sold as aforesaid be not sufficient to satisfy the amount of said bill, with all costs, then it shall be the duty of the said Alderman or Justice of the Peace, after further notice of ten days, given to said person or persons in the same manner as aforesaid, for the sale of goods and chattels, and after posting five or more notices of sale in at least five of the most public places in said City, for at least ten days before the day of sale, and after causing such notice of sale to be published once, in a newspaper published in Sussex County, to sell the land and tenements of such person or persons, or so much thereof as may be sufficient to satisfy the amount of said bill and all costs, and a deed from the Alderman or Justice of the Peace of said City shall be made and shall convey to the purchaser or purchasers of such lands and tenements as full and complete title, in fee simple or lesser estate, as if the same were executed by the person or persons whose lands and tenements were sold as aforesaid. The claim for the expenses of the City in removing or abating such obstruction, nuisance or unsanitary condition, and all costs, shall be a lien on the premises where such obstruction, nuisance or unsanitary condition exists, and said lien shall relate back to the time when the first notice to remove or abate shall have been served upon such person or persons and shall have priority over any lien, encumbrance or conveyance suffered or made by such person or persons after the mailing of said notice. It shall be the duty of the Alderman or Justice of the Peace, out of the purchase money from the sale of said goods and chattels, or lands and tenements, to pay all costs arising from said proceedings and sale to the parties entitled to such costs, to retain and pay to the City Manager, for the use of the City, the amount of the said bill to the City, and the residue of said purchase money, if any, shall be at once deposited in some Bank in the City of Seaford to the credit of the owner or owners of said goods and chattels, or lands and tenements. The Alderman or Justice of the Peace shall be entitled to receive ten dollars for every sale of personalty under this Section and twenty dollars for every sale of real estate under this Section, together with such additional sum as may be allowed by Council for the keeping and care of such personal property, for selling the same, and for said advertising, all of which shall be a part of the costs aforesaid to be paid out of the purchase money. Any notice required by this Section to one co-owner shall be notice to all, and in case no owner shall reside in said City, said written notice deposited in the mail in a sealed envelope and addressed to such owner at his or her last and best known post office address shall be deemed proper notice. Council in addition to the provisions of this Section hereinbefore set forth shall have power and authority to enforce, by ordinance, all the requirements of this Section by imposing such fines and penalties as shall be, in the judgment of Council, necessary and proper which shall be additional to the said expenses and costs of removal or abatement. For all the purposes of this Section, any property, whether dwelling, storehouse, or both, or otherwise, which does not have proper connections with the sewer system of the said City, if such sewer connections be available for such property, shall be deemed to be in an unsanitary condition under the meaning of this Section, at the discretion of the Council.

POWER TO BORROW MONEY AND ISSUE BONDS.

Section 32. The City 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 Seaford to provide funds for the erection, the extension, the enlargement, the purchase 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; for the construction of* 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:

(*So enrolled)

(A) 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 other pertinent facts relating to the loan which are deemed pertinent by the City Council and in their possession, and shall fix a time and place for hearing on the said resolution.

(B) 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 and/or distributed in circular form at least one week before the time set for said hearing.

(C) A second resolution shall then be passed by Council ordering a special election to be held not less than thirty clays and not more than sixty days after said hearing to borrow the said money, for the purpose of voting for or against the proposed loan. The passing of the second resolution calling the special election shall ipso facto be considered Council's determination to proceed in the matter in issue.

(D) The notice of the time and place of holding the said special election shall be printed in two issues of a newspaper in the City within thirty days prior to the election, and/ or distributed in circular form at least fifteen days prior to the election or both at the discretion of the Council.

(E) At the special election, 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.

(F) The Council shall cause to be prepared, printed and have available for distribution a sufficient number of ballots at not less than five days prior to the date of the special election.

(G) 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 shall 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.

The form of bond or certificate of indebtedness, the interest rate, the time of payment of interest, the classes, the time of maturity, and provisions as to the registration shall be determined by the Council after said special election. The bonds shall be offered for sale to the best and most responsible bidder therefor after advertisement in a manner to be prescribed by the Council 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 bonds at the maturity or maturities thereof, and a sinking fund therefor. The faith and credit of the City of Seaford 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.

The bonded indebtedness shall not at any time exceed in the aggregate the total sum of Fifteen (15%) per centum of the value of the real property situate within the limits of the City as shown by the last assessment preceding the creation of the said indebtedness.

In the event the City of Seaford should construct or acquire any plant, machinery, appliances or equipment for the supply of electricity or gas for light, heat or power purposes, authority is hereby granted the City of Seaford to furnish electricity or gas for light, heat or power purposes to the outlying communities provided that this authority shall not exceed a distance of One-half Mile beyond the limits of said City and provided that such extension will not incur indebtedness in excess of the bonded limit of said City and to do all things necessary to carry out this authority.

MUNICIPAL ZONING REGULATIONS.

Section 33. For the purpose of protection against fire, promoting health, safety, morals or the general welfare of the community, the City Council is hereby empowered to adopt ordinances to regulate and restrict the height, number of stories, size of buildings and other structures, the density of population, and the location and use of buildings, structures and lands for trade, industry, residence or other purposes, 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 any building and the kind and grade of materials used in the construction thereof.

The City Council, in order to avail itself of the powers conferred by this section, shall appoint a commission of three members to be known as the Zoning Commission in accordance with Section 6, Par. 6233 of Chapter 179, Revised Code of the State of Delaware, 1935.

The City Council shall further provide for the appointment of a Board of Adjustment which shall consist of the City Manager, the Mayor and the City Solicitor. The said board shall have all the powers and shall be bound by the same procedure as set forth in Section 7, Par. 6234, of Chapter 179, Revised Code of the State of Delaware, 1935.

Upon the passage of this Act before any building or structure of any kind, or alteration or additions to any building are constructed in the City of Seaford, a permit must be secured from the City Manager. The City Council is hereby empowered to enact ordinances establishing fees in relation thereto sufficient only to defray the cost in all actions taken pursuant to this Section.

FLOATING DEBT.

Section 34. The City Council shall have full power and authority to anticipate revenue by borrowing upon the faith and credit of the City of Seaford, the sum or sums of money, not exceeding Ten Thousand Dollars, ($10,000.00) in any one fiscal year, when in the opinion of the majority of Council the needs of said City demand it. Said Council may secure said sum or sums of money by promissory notes or certificates of indebtedness of the City of Seaford, duly authorized by resolution of Council, and signed by the Mayor and attested by the City Manager, either with or without the corporate seal of the City affixed as is requested by the bank or person advancing the money on said notes or certificates, and no officer nor member of Council shall be personally liable for the payment of such notes or certificates because it is signed by them as officers of the Council, and is authorized by the resolution of the Council. Provided, however, any sum of money borrowed on the faith and credit of the City of Seaford as aforesaid in any fiscal year shall be paid out of the general funds of the City, at the minimum rate of twenty-five per centum per fiscal year and shall be paid at the end of four fiscal years following the first fiscal year which said money was borrowed with interest thereon.

SURVIVAL OF POWER AND VALIDATING SECTION.

Section 35. This Act shall operate to amend, revise, and consolidate, "An Act to Re-Incorporate the Town of Seaford," being Chapter 153, Volume 29, Laws of Delaware, and the various amendments and supplements thereto, and to repeal all such parts of said Act and it's amendments and supplements as are manifestly inconsistent with the provisions of this Act. All powers conferred upon or vested in the Town of Seaford and or the Town Council of the Town of Seaford 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 Seaford and or the City Council of the City of Seaford, precisely as if each of the said powers was expressly repeated in this Charter. All ordinances and resolutions heretofore lawfully enacted or adopted by the Town Council of the Town of Seaford and in force at the time of the approval of this Charter shall continue in full force and effect until the same or any of them shall be repealed, modified or altered by the City Council of the City of Seaford under the provisions of this Charter; all the acts and doings of the Council of said Town, or of any officer of said Town, lawfully done or performed under the provisions of any law of this State, or of any ordinance of said Town, prior to the approval of this Act, are hereby ratified and confirmed; all taxes, debts, fines or penalties and forfeitures due the Town of Seaford shall be deemed to be due the City of Seaford, and all debts due from the Town of Seaford shall be deemed to be due from the City of Seaford, and the same shall remain unimpaired until paid; and the power, right and authority to collect taxes and rentals imposed under the provisions of this Act, and the processes which may be employed hereunder, shall be deemed to apply and to extend to all unpaid taxes and rentals imposed under the Charter of the Town of Seaford; the bonds given by or on account of any official of the Town of Seaford shall not be impaired by or affected by the provisions of this Act, but the City of Seaford shall succeed to all the benefits of said bonds; all valid laws heretofore passed relating to or concerning the Town of Seaford or authorizing the borrowing of money and the issuing of bonds on the credit of said Town shall be and remain valid and good as heretofore, and be unaffected and unimpaired by this Act.

If any part of this Act shall be held unconstitutional, such holding shall not in any wise invalidate the remaining provisions of this Act. This Act shall be deemed and known to be a public Act.

Approved April 13, 1941.