CHAPTER 182 - DELMAR
AN ACT TO RE-INCORPORATE THE TOWN OF DELMAR.
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 of the Legislature concurring therein):
Section 1. The inhabitants of the Town of Delmar, in the County of Sussex, State of Delaware, are hereby constituted a municipal corporation and body politic under the name and style of "Mayor and Council of the Town of Delmar".
The Boundaries of the Town of Delmar are hereby established and declared to be as the same is now bounded as shown by the plot recorded in the Office of the Recorder of Deeds in and for Sussex County, at Georgetown, in Deed Book C. C. I., Vol. 134, Page 268 and 269 and shall include in addition thereto the following pieces or parcels of land contiguous to that shown on said plot, to wit: Beginning where the corporate limits, as shown on said plot, intersects the lands of The Delaware Railroad Company on the North and running by and with said railroad to a point which intersects the Southern boundary of a street laid out by the heirs of W. W. Hastings, deceased, and hereafter to be named, it being a continuation of a present private road leading from the residence now or formerly of Aaron B. Francis to the public road known as the "Laurel Road"; thence running in an Easterly direction by and with the Southern side of a street hereafter to be named, to a point about three hundred feet East of the Laurel Road, it being a point where the same intersects the West side of Third Street extended; thence in a Southerly direction by and with the Western side of Third Street extended to the corporate limits on the North, as shown by said plot; Second: Beginning at a point at the Southeasterly corner of the corporate limits as shown on said plot, and on the line dividing the States of Delaware and Maryland; thence running in an Easterly direction on said Delaware-Maryland line to a point South of the Eastern boundary line of the property of S. H. Whayland; thence in a Northerly direction by and with said Eastern boundary line of said Whayland property to a point one hundred fifty-two and one-half (1521/2) feet North of the North side of Grove Street extended; thence in a Westerly direction parallel with the said Grove Street extended to a point South of the Eastern boundary line of the new school plot; thence in a Northerly direction by and with said Eastern boundary line of said school plot to the Northern boundary line of said school plot; thence in a Westerly direction by and with the said Northern boundary line of said school plot to the Western boundary line of said school plot; thence in a Southerly direction by and with said Western boundary line of said school plot to a point one hundred thirty-six (136) feet three (3) inches North of the Northern side of Jewel Street extended; thence in a Westerly direction parallel with said Jewel Street extended to a prong of the tax ditch known as the Delmar ditch; thence by and with said Ditch to the point of intersection with Hastings Street; thence in a Westerly direction by and with the Northern side of said Hastings Street extended to a point one hundred forty (140) feet East of Third Street to be known in the future as the State Highway; thence in a Northerly direction parallel with said State Highway to the Northern boundary line, as fixed in Addition No. One, hereinbefore described.
The Mayor and the Council of the Town of Delmar, at any time hereafter, may change or extend the limits and bounds of the Town of Delmar, provided that any territory so annexed shall be contiguous thereto. The procedure for changing and extending the limits and bounds shall be as follows:
1. Council by resolution shall propose to the electors to extend said limits and bounds. The resolution shall set forth the proposed extension and the distance and directions thereof with reasonable certainty, and all other pertinent facts relating to the extension, and shall direct an election to be held thereon on the day of the next town election.
2. A copy of the said resolution shall be published in at least three issues of a newspaper of general circulation in the Town immediately preceding the date of said election. At the same time, a notice shall likewise be published of the election to be held thereon, the qualifications for persons entitled to vote, the method of voting, and the date, hour and place of said election. Similar notices shall be posted in at least six (6) public places of the Town and in at least four (4) public places in the territory proposed to be added to the Town.
3. The Council shall cause to be prepared, printed and have available for distribution a sufficient number of ballots on the day of said election.
4. At said election, every person who is entitled to vote for the Mayor and Councilmen shall have one vote for every dollar and fractional part of dollar of tax paid by him or her respectively during the year preceding said election, and every owner of property, whether individual, partnership, or corporation, shall have one vote for every dollar or part of dollar of tax paid upon said property during the year preceding said election and the said vote may be cast either in person or by proxy. For the purpose of voting upon the proposed extension, every person, partnership or corporation residing in or owning property in the territory proposed to be added to the Town shall likewise be entitled to vote on the same basis as residents of or property owners in the Town; provided that, for the purpose of ascertaining the number of votes to be cast by owner of property in said territory, the assessment placed upon such property on the County Assessment list shall be multiplied by the tax rate prevailing in the Town during the next preceding year, and such property owners shall have one vote for every dollar or part of dollar of tax thus computed.
0. The Board of Election shall count the votes for and against the proposed extension; and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed extension, and shall deliver the certificate 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.
If it appear from the certificate of the Board of Election filed as aforesaid that a majority of the votes cast were in favor of the proposed extension, the territory included in the proposed extension shall be considered as lying within the Town of Delmar and the limits and bounds of said Town shall thenceforth be considered as changed and altered in accordance with the plan adopted as aforesaid, and such extension shall be considered to be effective from and after the date of said election, and the Council shall thereupon cause a survey and plot to be made of said Town, showing the new limits and bounds, and shall cause suitable markers to be located and settled along said new limits and at the corners thereof.
If it appear from the certificate of the Board of Election filed as aforesaid that a majority of the votes cast were against the proposed extension, another election upon such question may be held at the next or any succeeding general Town Election, but such election shall not be held except on the day herein provided for the general Town Election.
Section 2. The government and the exercise of the powers conferred by this Charter, except as otherwise provided herein, shall be vested in a Town Council. The Town Council shall consist of five members, of whom one shall be designated as Mayor.
Section 3. (A) The inhabitants of the Town of Delmar, within defined, or as hereafter established, shall continue to be a body politic and corporate, in Law and Equity by the Corporate name of, "The Mayor and Council of the Town. of Delmar", and under that name shall have perpetual succession; may have and use a corporate seal, which may be altered, changed or renewed by proper resolution of the Town Council; 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 and personal property within or without its boundaries for any municipal purpose, in fee simple or for lesser estate or interest, and may sell, lease, hold, manage and control, subject to other provisions of this Act, such property as the interest of said Town may require.
(B) The Town shall have all other powers and functions requisite to or appropriate for the government of the Town, its peace and order, its sanitation, beauty, the health, safety, convenience, comfort and well-being of its population and the protection and preservation of public and private property; and all actions, suits and proceedings shall be brought in the name of "The Mayor and Council of the Town of Delmar".
(C) The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict in any manner the general powers conferred herein, but in addition to the powers so enumerated herein, implied or appropriate to the exercise thereof, it is intended the "The Mayor and Council of the Town of Delmar", shall have, and may exercise, all powers which under the Constitution of the State of Delaware, it would be legally competent for this Charter specifically to 'enumerate. All powers of the Town, whether expressed or implied, shall be exercised as prescribed by this Charter or, if not so prescribed, by ordinance or resolution of the Town Council.
Section 4. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in a Town Council, consisting of five members, of whom one shall be designated as Mayor. The Mayor shall be entitled to an annual salary of Fifty ($50.00) Dollars; the Councilmen shall each be entitled to an annual salary of Twelve ($12.00) Dollars.
Section 5. (A) The present members of the Town Council and the Mayor shall by this Act be appointed to serve and act as Officers of said Town from and after the passage hereof until the expiration of their terms of office, or until their successors shall be elected and duly qualified.
Section 6. (A) The annual municipal election shall be held on the first Monday of April, A. D. 1945 and on each and every year thereafter between the hours of two o'clock P. M. and four o'clock P. M., at such places as shall be designated by the Council, due notice of which shall be given by posting notices thereof in five public places within the limits of the Town, not less than ten days before the day of the annual election. The members of the Council and Mayor shall be citizens of the State of Delaware, resident freeholders of said Town, whose taxes shall not be delinquent, over the age of twenty-one (21) years; provided, however, that any married man or woman, resident of said Town, whose husband or wife shall be a freeholder of said Town shall be eligible to be elected as a member of said Council or as Mayor of said Town.
(B) Said members of the Council shall be nominated as follows, viz:-
At least ten days before the day of the election as hereinafter fixed, nominations shall be filed with the Secretary of the Council. Said nominations shall be in writing signed by the nominee or by five other citizens of the Town, at least two of whom shall be freeholders, which nominations shall be presented to the Council by the said Secretary at the meeting to be held at the usual meeting place, which shall not be later than eight o'clock in the evening of the last day for filing said nominations. Council shall cause to be printed ballots, at least as many in number as the citizens in said Town entitled to vote at the election. Said ballots shall contain the names of all persons nominated under headings designating the offices for which nominated, and such ballots shall be delivered to the persons appointed or selected to hold the election at the opening of the polls, and every citizen calling for a ballot shall receive one from the persons holding the election. Voters may also prepare for themselves ballots, either printed or written, provided that such ballots do. not contain a name or names other than those nominated as aforesaid.
(C) Every election shall be held under the supervision of an Election Board consisting of three qualified voters of said Town to be appointed for that purpose by the Council at least two weeks before the election, but if at the opening of the election there shall not be present the three qualified voters so appointed, or any one of them, in such case, the persons entitled to vote at such election and then present shall appoint, by viva voce vote, a qualified voter or voters to act. The three persons composing the Election Board shall be Judges of the election and shall decide upon the legality of the votes offered; keeping a list of all voters voting. Each member of said Election Board shall be paid the sum of Two ($2.00) Dollars for his services.
() Every citizen of the said Town of the age of twenty-one years, or upwards, who has within twelve months of said election paid a Town tax which has been assessed within twelve months, shall have a right to vote, and persons arriving at the age of twenty-one years since the last Town assessment shall also have the right to vote. The voters shall not vote for more Candidates than are to be voted for at the election and in voting shall cross out the names of all candidates which he or she does not desire to vote for.
(A) Upon the close of the election the votes shall be read and counted publicly, and the persons having the highest number of votes for each office shall be declared duly elected and continue in office for the term stated or until his successor is duly elected and qualified. In case of a tie, the three persons holding the Election shall, by a majority vote, decide which of the candidates so tied shall be elected.
(B) The Election Board shall enter in a Book to be provided for that purpose a minute of the election, containing the names of the persons chosen, shall subscribe to the same, and shall give to the persons elected certificates of Election, which Book, containing such minutes, shall be preserved by the Council, and shall be evidence in any Court of Law and Equity. 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.
(G) The persons elected as Council and Mayor shall be elected and shall serve for a term of two years, or until his or their successor or successors shall have been duly elected and qualified. The members of the Council shall have the power to fill any vacancy or vacancies and persons so chosen to fill such vacancy or vacancies shall serve until the term that such person or persons in which he, she or they may be chosen will expire, in accordance with the provision of this act.
Section 7. On the first Monday in April, A. D. 1945 and each and every year thereafter, the Council shall meet and the newly elected officers shall assume their duties. The Mayor shall preside over the Council, which shall vote on all questions to be determined by the Council. Before entering upon the duties of their office, the newly elected members shall be sworn by a Notary Public, a Justice of the Peace or by a hold-over Member of the Council to faithfully and impartially perform their duties.
MEETING OF THE COUNCIL
Section 8. The Council shall hold regular meetings once a month at such times as may be designated by the Council. Special meetings may be called by the Mayor and shall be called by him upon written request of three members of the Council and held as prescribed by ordinance or resolution; and all meetings, regular and special, shall be open to the public.
Section 9. A majority of the members elected to the Council shall constitute a quorum; but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
RULES AND MINUTES OF COUNCIL
Section 10. The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings and the Yeas and Nays shall be taken upon the passage of every ordinance and resolution, and shall be entered in the journal with the text of the ordinance or resolution,
Section 11. In case of vacancy created in the office of Mayor or member of Council, either by death, resignation, loss of residence or otherwise, the Council may fill such vacancy and the person so appointed shall serve for the unexpired term or until his successor shall be elected and qualified.
Section 12. (a) The Council shall by ordinance at the annual meeting appoint by a majority vote a Tax Collector, Secretary, Treasurer, Alderman, two Auditors, Board of Health, Acting Alderman, Town Solicitor, Assessor, Police Force, and such other officers, employees and agents of the Town, which it may be deemed proper and necessary for the proper conduct and management of the Town. Any officer may be removed at any time by the Town Council for sufficient cause,
(b) The Council shall by ordinance fix the salaries and compensation of employees, officers and agents of the Town, and the time and manner of his or her payment. No Officer, employee or agent of the Town shall in any form have, take, or receive from the Town any compensation in addition to the salary or compensation fixed by Council.
(c) The Council shall cause to be kept a full and complete record of all officers appointed and employees and agents hired by the Town containing the names of such officers, employees, and agents, the dates and term of their appointment or employment, the salary or compensation and the date of the termination of the service.
(d) The Mayor shall be the executive of the Town. He shall preside at meetings of the Council, and shall have a vote therein. He shall execute on behalf of the Town all agreements, contracts, bonds, deeds, leases and other documents necessary to be executed. He shall countersign all orders, checks, or warrants authorized by Council and drawn on the Treasurer for payment of money; and shall have all and every power conferred and perform all the duties imposed upon him by this Charter and the Ordinances of the Town.
(e) The duties of the Assessor shall be as hereinafter provided.
(f) The Secretary shall record all the proceedings of the Council and keep a correct journal of the same in a book to be provided for the purpose; and shall file and keep in a safe place the Seal of the Town and all papers and documents relative to the affairs of the Town; and deliver the same to his successor in office. The Secretary shall attest the Seal of the Town when authorized by the Council and shall perform such duties and have such other powers as may be prescribed by ordinance. All records, books, papers, and documents in the custody of the Secretary shall be always open for the inspection of the Council and the public under such regulations as Council may prescribe. The Secretary may or may not be a member of the Council.
(g) The Treasurer shall be custodian of all the Town funds and shall deposit them in such banking institutions as may be designated by the Council.
He shall pay out no money except upon check or warrant countersigned by the Mayor and Secretary and authorized by the Council; shall keep a true, accurate and detailed account of all moneys received and of all moneys paid by him; shall preserve all vouchers for moneys paid by him, and his books and accounts shall at all times be open to inspection by the Council; and he shall make such reports and at such times as the Council may direct: He shall file with the Town Council a bond with corporate surety in the sum of Five Thousand Dollars, approved and paid for by Council, for the faithful performance of his duties. The Treasurer may or may not be a member of the Council.
(h) The Alderman shall be sworn or affirmed to perform the duties of his office with fidelity. In the event of his absence or disability, or otherwise, the Council, at any meeting, may appoint an acting Alderman. He shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the limits of the Town so far as to arrest and hold to bail, or fine and imprison offenders; of all fines, penalties and forfeitures prescribed by this Charter, ordinances enacted hereunder, or any law of the State of Delaware; of all neglects, omissions or defaults of any member of the police' force, or other Town officer, agent or employee; provided, that he shall impose no fine or penalty in excess of that fixed by the ordinance and shall not commit to prison for longer term than thirty days. The Jail of Sussex County may be used for imprisonment under the provisions of this Charter. The Council shall reimburse the Alderman for all costs by him levied which cannot be collected from persons against whom fines are imposed.
The Alderman also shall have jurisdiction in suits of civil nature for the collection of Town taxes, recovery of amounts due and payable for the construction of sidewalks, curbs or pavement, expenses of abatement of nuisances, and all other matters which may arise in the proper government and control of the Town under the provisions of this Charter; and Within his jurisdiction he shall have all the powers and authority, and shall be subject to all the limitations of a Justice of the Peace of Sussex County, except as herein otherwise provided; and his fees shall be the same as those of a Justice of Peace for like service. For any service or duty for which no fee is provided, such fee shall be established by ordinance. Any Justice of the Peace resident in said Town shall have concurrent jurisdiction with said Alderman or acting Alderman, with the same authority and limitations, for violations of Town Ordinances, collection of Town taxes all other matters within the purview of this Charter.
Upon the expiration of his term of office, or upon his resignation or removal from office, the Alderman shall forthwith deliver to his successor all books, papers, documents, and other things belonging or appertaining to his office, and shall pay over to the Treasurer all moneys in his hands belonging to the Town. Upon neglect or failure to make such delivery or payments for the space of ten (10) days, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than Five Hundred Dollars, ($500.00), or imprisonment at the discretion of the Court.
At every regular monthly meeting of the Council, the Alderman shall report in writing all fines imposed by him, and all fines and penalties and other moneys received by him during the preceding month belonging to the Town. He shall pay all such moneys to the Treasurer within ten (10) days after making report thereof to the Council and for failure to make report to the Council, or for failure to make payment to the Treasurer for the space of ten (10) days, he shall be deemed guilty of a misdemeanor, and shall be punished, upon conviction, as herein provided.
The Alderman shall keep a docket in which all his official acts shall be entered, which shall be open to public inspection and examination at all times. The Alderman may or may not be a Justice of the Peace residing in said Town, but he may not be a member of the Council.
The acting Alderman shall be some suitable adult person residing in the town; shall keep a separate docket, and in the absence or inability of the Alderman shall have all the powers of the Alderman as herein provided.
(i) The Auditors shall audit the accounts of the Town and all of its officers whose duty involves the collection, custody and payment of the moneys of the Town. They shall audit the books of the Alderman and Acting Alderman and the records of all fines, penalties and costs imposed or collected by either of them pursuant to any judgment order or decree made. The Auditors on or before the First day of April next following their appointment shall make and deliver a detailed report of all and every of the accounts, records, and books by them examined and audited, which report shall be printed in a newspaper circulated in the Town at least two weeks before next general election. The Auditors in the performance of their duties shall have access to all records of Council and the Officers of the Town; and are authorized and empowered to employ such clerks or accountants as in their judgment may be necessary for the proper performance of their duties. They may or may not be a resident of said Town.
BOARD OF HEALTH
(j) The Board of Health shall consist of four members, one of whom shall be a practicing physician in the Town. The Board shall serve for one year; shall have cognizance of all matters pertaining to the life and health of the residents of the Town; shall report to the Council in writing whatever is deemed by the Board to be injurious to the health of the people of the Town, and shall also make such recommendations to the Council as may, in their judgment, be beneficial or in any way contribute to the sanitation or health of the residents of the Town. The Board shall also have all powers and duties enumerated by the Laws of the State of Delaware for local Boards of Health.
The Board shall organize by election of a President and Secretary within ten (10) days after the notice of their appointment, and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board.
The Secretary of the Board may be allowed a reasonable annual compensation for his services, which shall be fixed and determined by the Council, and no other compensation shall be paid to the Secretary for his services as such, The secretary may or may not be a member of the Board, but he shall be a resident of the Town.
(k) At the annual meeting, the Council shall select a Town Solicitor for the term of one year or until his successor shall have been duly chosen and qualified. The Town 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 Town, and to perform other legal services as may be required of him by the Council.
(1) It shall be the duty of the Council to appoint a Police Force consisting of a Chief and such number of subordinates as the Council may deem wise; and the Council shall from time to time make rules and regulations as may be necessary for the organization, government and control of the Police Force. The members of the Force shall be subject to the directions of the Council, and may be removed by the Council at any time. They shall preserve peace and order, and shall compel obedience within the Town limits to the ordinances of the Town and the laws of the State; and they shall have such other duties as the Council shall from time to time prescribe.
Each member of the Police Force shall be vested, within the Town 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 the pursuit of an offender, their power and authority shall extend to any part of the State of Delaware.
Every person sentenced to imprisonment by the Alderman or Justice of the Peace shall be delivered by a member of the Police Force to the County Jail of Sussex County, or lock-up of the Town, to be there imprisoned for the term of the sentence. In case of an arrest at a time when the Alderman shall not be available to hear and determine the charge, the person arrested may be delivered to the County Jail, or in the Town lock-up, for imprisonment until such reasonable time thereafter shall enable the Alderman, Acting Alderman or Justice of the Peace to hear and determine the charge against such person.
It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblages of persons in the streets of the Town, 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 Town relating to the peace and good order thereof, the Police shall have the right and power to arrest without warrant and to take the offender before the Alderman or Acting Alderman, or Justice of the Peace, for hearing.
Section 13. Annually in each year, and not later than the first of February, the Council shall prepare a budget containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year. The Fiscal year shall be from June to June.
The budget shall contain the following information:
1. A detailed estimate showing the expenses of conducting each department and office of the Town 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 Town, 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 Town from any source or sources.
The Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations, but may revise the same whenever, in the opinion of the Council, such revision shall become necessary.
ASSESSORS AND ASSESSMENT OF TAXES
Section 14. The Assessor shall make the assessment for the Town and shall each year make a true and impartial list of all persons, property and estates within the said Town, and not by law exempt from taxation, together with the sum or sums of money in Dollars at which it shall appear to him that said persons or property ought to be rated and valued. In making such assessment, the rules and exemptions now applicable by law to the making of the County assessment of persons and properties shall be applicable in so far as consistent with the provisions of this Act. Real estate shall be described with sufficient particularity to be identified, the principal improvements thereon to be specified. Real estate shall be assessed to the owner or owners if known; if the owner or owners cannot be found or ascertained, it may be assessed "Owner Unknown". A mistake in the name of the owner or owners, or a wrong name or the absence of a name, shall not affect the validity of the assessment of the Town tax based thereon. The said list of assessment shall be completed and a copy thereof delivered to the Council by the Assessor on the first day of May, of each and every year. It shall be the duty of the Council to examine said list carefully and to make such changes as to assessments, either by raising or lowering such assessment as they may deem fit, and to approve same by the fifteenth day of May. On approval of said assessment list by the Council, it shall be the duty of the Council on the fifteenth day of May, in each and every year, to post such assessment list in at least two public places in the said Town for a period of ten days for the information of and examination by all concerned, and public notice of the posting of the same shall be given by printed notices to be placed in six public places in said Town at least one week prior to the posting of said assessment list as aforesaid.
The Council may annually appoint and employ two competent persons, at a reasonable compensation to be fixed by it, to aid the Assessor in making the assessment and to assist the Council in the performance of its duties as a Court of Appeals. On the First Monday, following the completion of the ten day period for posting said assessment list, a member of the Council or one or both of its aforesaid appointees shall sit from the hours of two until five, for the hearing of appeals from assessments. The Council shall thereafter meet as a Court of Appeals to consider such appeals, with power to alter and correct any assessment in accordance with right and justice, and to assess such persons, property and estates as may have been omitted from the list by the Assessor. Provided, however, that in case of assessing persons, property and estates omitted and increasing assessments, notice shall first be given to the persons interested, or someone of them, or their representatives or agents, so that he, she or they may have an opportunity to be heard before the final action. Such notice may be given personally, by mail, or by leaving a copy at the usual place of abode of any of the persons above designated. No Councilman may sit on his own appeal.
After the Council shall have held a Court of Appeals as aforesaid, it shall estimate and determine, with the concurrence of two-thirds of all the members, the sum or sums of money necessary to be raised in the said Town for the public use for the year ensuing, including the sums necessary to be raised for the salaries and other Town expenses, the maintenance of roads and streets, the water, electric light, and fire service, the payment of interest and principal of bonds that may become due, and all other reasonable and proper expenses for the said Town. The Council shall then estimate and determine the rate or rates of taxes necessary to raise the sum or sums of money so estimated and determined.
After the Council has ascertained the sum necessary to be raised in the said Town for the purpose of this Act, and has apportioned the same on the assessment valuation as aforesaid, it shall forthwith deliver a copy of the assessment list to the Treasurer of the said Town, who shall, within three days after receiving same, make out all bills representing Town taxes and place them in the mail. It shall and may be lawful for the Treasurer to accept and receive the tax of each and every person liable to pay the same, who shall tender the payment thereof before the 31st day of July in the year in which said tax was levied, and each and every person so paying his tax within said time shall be allowed an abatement of two per centum upon said tax. To every tax paid after the first of September in each year there shall be added a penalty of one per centum for each and every month or part thereof that the tax remains unpaid.
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 Town, 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 Town 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 Tax Collector as in case of other taxes, and the Council shall, in addition, have authority to cause of the same to be removed.
The Council may, in its discretion, exempt from taxation for a period of ten years, any industry which contemplates locating within said Town, providing its annual payroll and number of employees shall be of such amount and number as in the judgment of said Council shall warrant such exemption.
In furtherance, and not in limitation of any existing Act empowering the Town Council to raise money by taxation, the Council shall have power and authority to raise by taxation a sum not exceeding Ten Thousand ($10,000.00) Dollars, yearly, to carry on the government of the Town and defray the expenses thereof, in addition to the amount raised by sewer rentals as hereinafter provided.
COLLECTION OF TAXES
Section 15. It shall be the duty of the Treasurer to compile a list of all taxables, the address of said taxables and opposite the names of each, the amount of the real estate and his personal assessment, distinguishing between them, and also the tax levied on each person and the tax on the whole valuation, and the rate per hundred dollars. Said list shall forthwith be delivered to the Council.
Upon receipt of said list of taxables to be prepared by the Treasurer, it shall be the duty of the Council, within ten (10) days after receipt of same, to deliver said list to the Tax Collector of said Town, said list to be signed by the Commissioners, or a majority of them, and shall be accompanied by a precept or warrant, signed by the Mayor, requiring the said Collector of Taxes to collect and receive the several sums to be collected in accordance with the provisions of this Act.
All taxes shall be due and payable at and from the time of the delivery of the tax list to the Collector of Taxes.
All taxes assessed and laid upon real estate shall constitute a first lien against all such real estate within the Town for the period of five (5) years from the date when such taxes were due and payable, but if such real estate remains the property of the person or persons who owned it at the time the tax was laid, then the lien shall continue until the tax is collected. In the case of a life estate, the interest of the tenant for life shall first be liable for the taxes.
Whenever the personal property of the taxable is sufficient, the Collector of Taxes, in the name of Town Council of Delmar, may institute suit before any Justice of the Peace within the said Town, or before the Alderman of the said Town, for the recovery of the unpaid tax in an action of debt, and upon judgment obtained, may sue out writs of execution as in case of other judgments recovered before a Justice of the Peace.
The said execution shall constitute a lien upon all the personal property of the taxable within the County where the judgment shall have been obtained which, by virtue of such execution, shall be levied upon after the issuance thereof, and such lien shall have priority over all other liens against the said personal property created or suffered by the taxable, except such liens thereon, which may have been created in respect of County Taxes, although such other liens be of a date prior to the time of the attachment of said tax lien.
For the purpose of collecting the tax of any taxable, and without the necessity of first employing the other remedy herein provided, the Collector of Taxes is empowered to sell the lands and tenements of the taxable, or the lands and tenements of a taxable alienated subsequent to the levy of the tax by the following procedure:
After depositing in the mail an itemized tax bill, together with a notice of the sale of lands and tenements of the taxable addressed to said taxable at his last known post office address, as shown on the assessment list, the Collector of Taxes shall file in the Office of the Prothonotary a certificate under his hand and seal containing:
6. The name of the taxable.
7. The year for which the tax was levied.
8. The rate of tax.
9. The total amount due.
10. The date from which the penalty for non-payment, if any, shall commence, and the rate of such penalty.
11. A reasonably precise description of the lands and tenements proposed to be sold.
12. A statement that a bill of said tax has been mailed to the taxable at his last known post office address and that it has been found impractical to attempt to collect the said tax by any other remedy hereinbefore provided.
Sales of lands and tenements shall be advertised by posting hand bills in at least five (5) public places in the Town of Delmar and by publishing the notice of said sale in a newspaper of general circulation in the Town. The notice shall contain the day, hour, place of sale, and a short description of the premises at least ten (10) days before the day fixed for sale and the newspaper advertisement shall be published at least one (1) week before the day of sale.
Each sale of lands and tenements shall be returned to the Superior Court aforesaid at the next term thereof following the sale, and the Court shall inquire into the circumstances and either approve or set aside the sale. If it be approved, the Collector of Taxes making said sale, shall make a deed to the purchaser, which shall convey the title to the taxable or of his alienee; if it be set aside, the Court may order another sale and so on until the tax be collected. The certificate, return and deed shall be presumptive evidence of the regularity of the proceeding.
No sale shall be approved by the Court if the owner be ready at Court to pay the taxes, penalty and costs, and no deed shall be made until the expiration of one year from the date of sale, within which time the owner, his heirs, executors or assigns, shall have power to redeem the lands on payment to the purchaser, his personal representatives or assigns, of the costs, the amount of the purchase money and twenty per centum interest thereon, and the expense of the deed.
After satisfying the tax due and the costs and expenses of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land, or upon the refusal of said owner to accept the same, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some Bank in Sussex County, either to the credit of the owner, or in a manner by which the fund may be identified.
In sales of lands for the payment of taxes, the following costs shall be allowed, to be deducted from the proceeds of sale, or chargeable against the owner:
TO THE PROTHONOTARY
For filing and recording petition $1.00
For filing and recording return of sale 1.50
TO COLLECTOR OF TAXES
For preparing certificate .25
For making sale of lands 2.00
For preparing the filing return 1.50
For posting sale bills 1.00
In addition, the costs of printing hand bills and publication of the advertisement of sale shall be chargeable as costs.
The costs of the deed shall not be chargeable as costs, but shall be paid by the purchaser.
If the owner of any lands and tenements against which a tax shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale.
If any person is assessed for several parcels of land and tenements in the same assessment, the total of said taxes may be collected from the sale of any part or portion of said lands and tenements, provided that land alienated by the taxable shall not be sold until other property of the taxable shall have been disposed of.
In the event of the death, resignation or removal from office of the Collector of Taxes, before the proceedings for the sale of land shall have been completed, his successor in office shall succeed to all of his powers, rights, and duties in respect to said sale. In the event of the death of the purchaser at such sale prior to his receiving a deed for the property purchased thereat, the person having right under him by descent, devise, assignment, or otherwise, may prefer to the Superior Court of Sussex County a petition representing the facts and praying for an order authorizing and requiring the Collector of Taxes to execute and acknowledge a deed conveying to the petitioner the premises so sold, or a just proportion thereof; and thereupon the Court may make such order touching the conveyance of the premises as shall be according to justice and equity.
The Collector of Taxes shall have the same right to require the aid or assistance of any person or persons, in the performance of his duty, which a Sheriff now has by law.
The Collector of Taxes may at any time notify the person or corporation by whom any taxable liable for a personal or poll tax is employed that the tax of such employee is due and unpaid and it shall be the duty of such employer to deduct from the wages of such employee the amount of the tax due from such employee and charge the same against him, and if such employer neglects or refuses to comply with such notice within three months from the time of receiving said notice, he shall be personally liable for the taxes of such person so employed by him and the same may be recovered as provided in this section for the recovery of taxes. When such taxes are held by such employer, he shall pay the same to the Collector of Taxes within thirty (30) days thereafter.
The Collector of Taxes shall pay over to the Treasurer on the first Monday in every month, and oftener if required by the Council, any and all moneys collected by him, taking duplicate receipts therefor, one of which he shall forthwith deliver to the President of Council. He shall report to the Council every month at its stated meeting, and at such other times as may be required, all payments made to him and by whom made, the amount of uncollected taxes, and such other information as the Council may require and need so as to at all times be fully informed as to the condition of the Town tax collections. He shall keep a book of receipts with stubs attached and shall furnish every person paying any tax with a receipt showing the date of payment, the amount paid, and the subject matter of the tax. He shall enter every payment immediately in a book to be kept for the purpose so that at all times the Council and any person interested may be able to know what taxes have been paid and what taxes are unpaid, and in general he shall diligently attend to the collection of taxes and carry out all reasonable directions and orders of the Council, and he and his sureties shall be liable on his bond for the faithful performance of his duties in the collection of taxes. On the first meeting in June of every year, the Council shall ascertain from the Collector of Taxes the amount of uncollected taxes so assessed and laid and the persons and property liable for the same, and after a just allowance for errors and delinquencies, or otherwise, shall direct the Collector of Taxes to proceed forthwith to the collection of the same by legal proceedings under the terms of this Act. It shall be the duty of the Town Solicitor to furnish at all times such legal advice and assistance to the Collector of Taxes in the collection of taxes as may be necessary.
Within one year from the date of his appointment, the Tax Collector must account to the Town Council for all taxes and sewer rentals collected during the year by him, and shall be liable on his bond for failure to account for any uncollected taxes or sewer rentals unless he can show, to the satisfaction of the Council, that all the remedies hereinbefore set forth for the collection of taxes were pursued without result, or, if pursued, would have been without avail.
The Collector of Taxes must give bond with surety at such time as the delinquent tax list is demanded to him by the Council, said bond to be in a sum equal to seventy-five per cent of the amount of delinquent taxes then due. The Collector of Taxes shall receive as compensation for his services a sum not exceeding ten per cent of the taxes so collected by him as the Council shall deem proper.
SEWER RENTAL AND COLLECTIONS
The Town Council may by ordinance, or resolution, prescribe and fix sewer rentals and other charges connected therewith, and said Council may in its discretion prescribe such penalty or penalties as it may see fit against persons delinquent in their payments of sewer rentals.
Council may also appoint a Sewer Inspector who shall prepare a list of all inhabitants assessed with sewer rentals, together with the amounts thereof, and the said Sewer Inspector shall forthwith mail bills for sewer rentals to all persons appearing on said list, which said bills shall be payable to the said Sewer Inspector.
Said Sewer Inspector, shall each and every year, make a report to the said Council of all moneys received by him from the payment of the sewer rentals so prescribed, and shall, as collected, pay over to the Treasurer of the said Town such moneys. The said Sewer Inspector shall likewise prepare a list of all persons who have failed to pay the-sewer rentals so prescribed within the period of thirty days, as hereinbefore set forth, together with the several sums due and owing from the said delinquents, and any penalty which may have attached by reason of the failure of said delinquent to pay said bill within thirty (30) days.
It shall then be the duty of the said Council upon receiving said list of delinquents from the Sewer Inspector, forthwith, to send said delinquent list to the Tax Collector in said Town, together with an order signed by the Mayor commanding said Tax Collector to collect same.
The procedure for the collection of sewer rentals and charges shall be the same as prescribed for the collection of taxes and the said sewer rentals and charges shall be a lien on the lands and premises of the persons so assessed for a period of five (5) years.
Section 16. The Council shall have the power and authority to lay out, locate and open new streets and to widen and to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best interest of the Town. The procedure shall be as follows:-
The Council shall, by a majority vote, adopt a resolution for the opening of the new street, or the widening or altering of a street, or the vacating or abandoning of a street, or any part thereof, as the case may be, the resolution giving a general description of the street to be opened, widened, altered, vacated or abandoned. The resolution shall also state the day, hour and place where and when the council will sit to hear objections and to award just and reasonable compensation to anyone who shall be deprived of property. A copy of such resolution shall be posted in five (5) or more public places in the Town at least five (5) days before the day fixed for the hearing aforesaid, and shall be published in a newspaper circulated in the Town of Delmar at least five (5) days before said hearing. A copy of such resolution shall be sent to all persons who might be deprived of property in consequence thereof, at least five (5) days before the day fixed for the hearing, by personal service or by registered mail addressed to their last known post office address. At the time and place fixed in said resolution, said Council shall hear such residents of the Town, or owners of the property affected, as may attend, and shall at said meeting or thereafter, adopt a resolution to proceed with or to abandon, as they shall deem for the best interests of the Town, the opening of a new street or the widening, altering, vacating or abandoning of an existing street, Or part thereof, as the case may be, as contemplated in the prior resolution. In case the determination of the Council shall be to proceed with the plan contemplated by the said first resolution, they shall also award just and reasonable compensation to any who shall be deprived of property in consequence thereof.
Such compensation as may be awarded shall be paid by the Treasurer of the Town on a warrant drawn on him by the authority of the Council. Any land owner who may be dissatisfied with the compensation awarded by the Council, may, within five (5) days after notice of the award of the Council, appeal therefrom by serving written notice to that effect on the Mayor. In order to prosecute said appeal, such appellant shall within fifteen (15) clays after the expiration of the five (5) clays allowed for the appeal apply to the Judge of the Superior Court of the State, in Sussex County, for the appointment of freeholders to Shear and determine the matter of compensation to such appellant, and thereupon the said Judge shall issue a commission under his hand, directed to five (5) impartial freeholders of the County, two of whom shall be residents in the Town of Delmar, commanding them to determine and fix the damages which the appellant will sustain by reason of being deprived of any property as aforesaid, taking into consideration the benefit or advantages which will inure to the appellant, and to make return of their findings to the said Judge at the time therein appointed. The freeholders shall give notice of the day, hour and place when and where they will meet to view the premises and to determine the damages, if any, as aforesaid. Such notice shall be served upon the appellant personally, or by posting a copy on the premises affected at least five (5) days before the day when the freeholders are to view the premises, and a copy of such notice shall also be served on the Mayor at least five (5) days before the day of such meeting. The freeholders named in such commission, being first sworn or affirmed, on the day and at the hour and place stated in the notice, shall view the premises and hear the appellant and his witnesses and the Council and its witnesses, and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being deprived of any property as aforesaid. Thereupon the said freeholders shall make return in writing of their proceedings to the said Judge, who shall cause a copy of said return to be delivered to the Mayor, and such return shall be final and conclusive. The said Judge shall have the power to fill any vacancies among the freeholders. The amount of damages being ascertained, the Council may pay or tender the same to the person entitled thereto within one (1) month after the same shall be finally ascertained, or may deposit the same in any bank in Sussex County to the credit of the person entitled thereto, within the said period of one (1) month, and thereupon the Council may carry into effect the plan contemplated in the resolution aforesaid. The return of freeholders shall be filed in the Office of the Prothonotary of Sussex County.
In the ascertainment and assessment of damages by the freeholders, if the damages shall be increased, the costs of the appeal shall be paid by the Treasurer, but if said damages shall not be increased, the said costs shall be paid by the appellant.
The fees to the freeholders shall be Five Dollars, ($5.00) per day to each, which shall be taxed as a part of the costs.
RIGHT OF CONDEMNATION
Section 17. The Town shall have the power to acquire lands, tenements, property or interests therein, by condemnation for the purpose of providing sites for public buildings, parks, sewers, sewage disposal, and for other municipal purposes, whether within or without the limits of the Town, the procedure for which shall be substantially the same as hereinbefore provided in the case of condemning land for streets and highways, with the necessary changes as to detail.
POWER OF COUNCIL OVER STREETS
Section 18. The Council shall have power to establish, change or alter the grade of streets, lanes, alleys, bridges and gutters as from time to time may be deemed necessary and proper, and to establish curb lines in the same and the kind and character of gutters, and to change, alter or amend the same.
PAVING, CURBING AND GUTTERING
Section 19. The Council shall have power to cause the streets and sidewalks of the Town to be paved, re-paved, curbed and guttered under such plan and with such materials as it shall determine.
Providing, however, the Town shall not be liable in damages resulting from the injury of any person or persons who may receive injuries from holes in sidewalks which said defective condition of sidewalks was not due to the negligence of the Town employees.
With respect to the paving or re-paving of sidewalks and the installing of curbs and gutters, the procedure shall be as follows:-
Whenever a written petition of five or more freeholders of the Town shall be presented to the Council praying for the improvements, or any of them, the Council shall sit upon said petition either at the meeting at which such petition is presented, or at the next subsequent meeting, and shall determine, in respect to curbing and guttering what part, if any, of the costs thereof shall be paid by the Town, and the Council may thereupon direct in writing the owner or proprietor of any land in the Town before or in front of which the improvement is to be made, within sixty days after the date of such notice, to lay a pavement or install a curb and gutter, or either of them, of the kind and character, and of the width and thickness, and of the material and in the manner as may be directed by the Council.
The notice shall be served upon such owner or proprietor personally if he resides in the Town, or it may be left at the usual place of abode of such owner or proprietor in the presence of some adult person; or, if the owner or proprietor does not reside in the Town, it shall be lawful to deposit said notice in the mails directed to him at his last known post office address; if the owner or proprietor is unknown, it shall be in compliance with this section regarding notices to post a notice on the property. The Council shall establish the curb and grade lines, which shall be available to all owners and proprietors of lands affected.
The notice shall inform the persons affected thereby with full information as to the materials to be used, the width of the pavement, curb, or gutter, and the thickness or depth thereof, and the time within which the improvement shall be completed.
If the owner or proprietor shall neglect or refuse to make the improvement within the time stated in the notice, the Council shall cause the improvement to be made at the expense of the owner or proprietor, and may recover the expense thereof, together with costs and any penalty which by ordinance may be established for failure or neglect to make the improvement by an action of debt brought before the Alderman, or any Justice of the Peace residing in the Town. In any action brought for the recovery of money due the Town under the provisions hereof, the Town shall have the right to a forthwith summons as in like cases within the jurisdiction of the Alderman or the Justice of the Peace aforesaid. The date of the notice shall be proved and shall be stated in the judgment. Writs of execution may issue upon any judgment recovered as in like cases of civil nature. Upon filing a certified abstract of the judgment and return in the office of the Prothonotary in Sussex County, said judgment shall thereupon become a lien upon the premises affected and shall have all the force and effect of any other judgment entered in the Superior Court of the State of Delaware, as of the date of the notice given as aforesaid and taking precedence over any other lien against the property which shall or may have been entered after the date of the notice.
If any property affected by the provisions hereof shall be held or owned by a widow in right of dower, the expense incurred shall be paid by the owner in reversion in fee simple; and if such owner be a minor, the expense shall be paid by the guardian or agent acting for such minor out of any money or effects held by such guardian or agent, or suit may be brought against said minor or the guardian of such as hereinabove provided, and the amount due the Town recovered by sale of the goods and chattels, lands and tenements of the minor.
If the improvement desired is paving of any street, or part or portion thereof, upon written petition of five (5) or more freeholders as aforesaid, the Council shall by resolution fix a time and place for discussion of the proposed improvement. The resolution shall be published at least one (1) week prior to the meeting for discussion aforesaid, in at least one issue of a newspaper of general circulation in the Town and at said meeting the Council shall hear the owners or proprietors of the property affected and other citizens of the Town. After such hearing, the Council either at said meeting, or at a subsequent meeting, shall decide whether or not to proceed with the improvement, and if the decision shall be to proceed with the improvement, then the part or portion of the cost, if any, which shall be assessed against the owner or proprietor of the property affected shall be determined. The part or share to be paid by the owner or proprietor of the property affected shall be determined on the basis of the lineal frontage of the parcel on the street to be improved.
The Council shall thereupon proceed to cause the improvement to be made and shall assess the owner or proprietor of the land affected with the whole, or such part and expense of the improvement and according to the lineal frontage as aforesaid as may have been determined; shall present to such owner or proprietor bill or statement of the costs and expenses as allocated to the lands of said owner or proprietor, and if the same shall not be paid within six (6) months thereafter, shall proceed to collect the said costs and expenses from such owner or proprietor in the manner and under the same power and authority and by the same processes, with necessary change as to detail, as hereinbefore provided in this section. The lien of any judgment rendered shall relate back to the date of the decision of the Council to proceed with the improvement, and the said date shall be proved and stated in the judgment.
Section 20. The Council is vested with authority on behalf of the Town to enter into contracts for the rendering of personal service to the Town and/or the purchase of supplies and doing of work for any municipal purpose for the Town, provided:
a. No contract shall be made by Council for any purpose, the contract price of which is in excess of Five Hundred Dollars ($500.00), without public competitive bidding; and,
b. The contract shall be awarded to the lowest responsible bidder, but Council may reject any and/or all bids for any cause by it deemed for the best interests of the Town; and,
c. All formal contracts shall be signed by the Mayor with Seal of the Town attached, attested by the Secretary.
d. The Council is specifically authorized and empowered to enter into any contracts, agreements and engagement with the Town of Delmar, Maryland, and/or the Public Service Commissioners of the State of Maryland for the purpose of carrying into effect any provisions of this Charter or any amendments thereto or for any purpose which in the judgment of the Council may be necessary or advisable in order that the Council may act jointly with the Town of Delmar, Maryland, in any manner or thing which in its judgment may be beneficial to the Town of Delmar or the inhabitants thereof. The Council is specifically authorized and empowered to enter into any joint engagements with the Town of Delmar, Maryland, or any other authorized public authority in any manner governing the policing of said Town or controlling the water, drainage, sewer, fire, or other facilities of said Town.
POWER TO BORROW MONEY AND ISSUE BONDS
Section 21. The Council may borrow money and issue bonds or Certificates of Indebtedness to secure the payment thereof on the faith and credit of the Town of Delmar, to provide funds for the purchase, the erection, the extension, the enlargement or the repair of any plant, machinery, appliances or equipment for the supply, or the manufacture and distribution of electricity or gas or 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 or repair of sewers or sewage disposal equipment; or to defray the cost, or the share of the Town of the cost, of any permanent municipal improvement; provided, however, that the borrowing of the money therefor shall have been authorized by the Town Council and shall have been approved by the electors in the manner and at the time following:
a. 1. Council by resolution shall propose to the electors of the Town that the stated amount of money shall be borrowed for any of the above purposes. The resolution shall state the amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the loan, and shall fix a time and place for a hearing on the said resolution.
2. Notice of the time and place of the hearing on the resolution authorizing said loan shall be printed in a newspaper of general circulation in the Town at least one week before time set for said hearing, which shall be held at the time and place so designated.
3. A second resolution shall then be passed by Council ordering a special election to be held not less than thirty (30) days and not more than sixty (60) days after the date of its determination to borrow the said money for the purpose of voting for or against the proposed loan.
4. The notice of the time and place for holding the said special election shall be printed in a newspaper of general circulation in the Town once a week for three (3) successive weeks prior to the election. The said special election shall be conducted by a Board of Electors as herein provided in the case of an annual election.
5. The Council shall cause to be prepared, printed and have available for distribution a sufficient number of ballots not less than five (5) days prior to the day of the special election.
6. At the special election, every person who had a right to vote at the next preceding annual Town election shall have one vote for every dollar and fractional part of dollar of tax paid by him or her respectively during the year preceding said election, and every owner of property, whether individual, partnership, or corporation, shall have one vote for every dollar or part of dollar of the tax paid by said owner during the year preceding said election and the said vote may be cast either in person or by proxy.
7. The Board of Election shall count the votes for and against the proposed loan; and shall announce the result thereof, shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and 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.
b. The form of bond or Certificate of Indebtedness, the times of payment of interest, the classes, the times of maturity, and provisions as to the registration shall be determined by the Council. The said bonds or certificate of indebtedness shall be offered for sale to the best and most responsible bidder therefor after advertisement in a newspaper of the Town or otherwise, for at least one month before offering the same for sale. The Council shall provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bonds or certificates of indebtedness at the maturity or maturities thereof, and a sinking fund therefor. The faith and credit of the Town of Delmar shall be deemed to be pledged for the due payment of the bonds or certificates of indebtedness and interest thereon issued under the provisions hereof, when the said shall have been properly executed and delivered for value.
d. The bonded indebtedness shall not at any one time in the aggregate exceed the total of fifteen (15) per centum of the value of the real property situate within the limits of the Town as shown by the last assessment preceding the creation of the said indebtedness.
Section 22. The Council is hereby vested with authority to enact ordinances or resolutions relating to any subject within the powers and functions of the Town, or relating to the government of the Town, its peace and order, its sanitation, beauty, the health, safety, convenience and comfort of its population, and the protection and preservation of property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances or resolutions on any particular subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated.
The Council is specifically authorized to pass a "Curfew Ordinance" or an ordinance making it a misdemeanor for minors under the age of sixteen (16) years found loitering on the streets or highways of the Town at such times and under such conditions and limitations as in the opinion of the Council may be necessary or advisable for the protection of good order and morals of the Town and to fix and enforce the payment of fines and penalties for the violation of such ordinance or ordinances.
It shall be the duty of the Council to compile the ordinances of the Town, to have a reasonable number of copies printed for the use of the officials of the Town and for public information; and from time to time, upon the enactment of new ordinances, or the amendment of existing ordinances, to enroll the same in the minutes of the Council, and to keep copies thereof in a book to be provided for that purpose, so that the same may be readily examined; and also to furnish the Alderman with copies thereof as they are enacted and published.
Section 23. The Council shall have power to enact ordinances defining nuisances and providing for the removal or abatement thereof, and prescribing the fines, penalties and forfeitures for causing or continuing the same. The Council may upon their own view, or upon information, determine that a nuisance does in fact exist. Any person permitting or maintaining a nuisance shall be directed to abate the same within a reasonable time fixed for that purpose, and, upon his or her refusal or failure to abate the same within the time fixed by the Council, a warrant shall be issued for his or her arrest and, upon conviction, shall be fined in the sum not exceeding Twenty-five ($25.00) Dollars, together with Costs, and, in the default of the payment of said fine and costs, shall be committed to the Sussex County Jail for a period not exceeding thirty (30) days. The Council, upon the failure of the person so charged to abate the nuisance within the time specified by the Council, may proceed to abate the nuisance at the expense of the person or person responsible therefor. Upon refusal of such person or persons to pay the cost of the abatement of such nuisances, the Council may institute any action in any Court of the State of Delaware or elsewhere to recover the cost of the abatement of such nuisances, together with interest thereof; it may also proceed in the same manner as provided by this Charter with respect to the laying of pavements, curbing and guttering. The Council shall have the sole right to determine what constitutes a nuisance under this Section. Unsightly and unsanitary conditions, the failure to keep vacant lots or premises in a sightly and sanitary condition; encroachments and obstructions in streets or sidewalks, by porches, bay windows, awning and poles, or the accumulation of snow and/or ice on sidewalks or any other encroachments upon the streets or public buildings of said Town; the operation of any instrument, device or machine that shall cause electrical interference with radio reception within the limits of the Town; shall be deemed to be a nuisance and may be subject to the provisions of this Section.
(b) The power to adopt ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the Town, shall extend to the area outside the Town limits within one mile from said limits.
(c) The Council shall have the power to adopt all measures requisite to or appropriate for protection against fire, and to appropriate money for the purpose of fire equipment, whether owned by the Town or by a volunteer fire company.
(d) For protection against fire, the Council may adopt ordinances to zone or district the Town and to make particular provisions for particular zones or districts with regard to buildings and building material; to prohibit the use of building materials that may be deemed to create a fire hazard, and this power shall embrace new buildings or additions to or alterations of existing structures of every kind; to condemn buildings or structures, or portions thereof, that constitute a fire menace, and to require or cause the same to be torn down, removed or so altered as to eliminate the menace of fire; to prescribe the height and thickness of walls of any buildings and the kind and- grade of materials used in the construction thereof.
The Council may adopt zoning ordinances limiting and specifying districts and regulating therein buildings and structures according to their construction and according to the nature and extent of the business to be carried on therein.
The Council may create a Town Zoning Commission for the development, improvement and beautification of the Town, and may prescribe its powers and duties.
BUILDING INSPECTION PERMITS
(e) The Council may provide for the issuance of building permits and may forbid the construction of any new buildings, or addition to, or alteration, or repair of any existing buildings unless a building permit has been obtained therefor.
Should any person, firm or corporation hereafter desire to erect any building or buildings within the corporate limits of said Town for the purpose of conducting therein the business of canning fruits, vegetables, meats, oysters, etc., or for the manufacture of manipulation of phosphates, fertilizers or manures of any kind, he or they before erecting such building or buildings, or engaging in such business, shall make an application in writing for permission therefor to said Council. And should said Council determine that such buildings will not endanger other property or be offensive to the citizens thereof, the Council shall have authority to grant a permit to erect such buildings and conduct such business. No such building shall be erected or such business be conducted within the limits of said Town unless and until a permit therefor is granted by the Council.
The Council shall have full power to fix and determine the placing or replacing of poles or other structures within the Town limits for the carrying of telegraph, telephone, power or other wires, and the attachments thereto, and to cause existing poles or structures to be removed whenever the same shall be deemed to be obstructions or detrimental to the beauty of the Town, or when such poles or structures are so placed as to inconvenience persons or render property less desirable. This power shall extend as well to the location as to the relocation of such poles and structures, wires, and attachments, and may be exercised from time to time as occasion shall arise.
Section 24. The Council shall not grant franchises or licenses to public utilities or common carriers unless authorized by a majority of the voters and taxables of the Town at any general or special election called for that purpose; provided that the franchise or powers of any corporation owning or operating a public utility in or through the Town at the time of the approval of this Charter shall not be affected or impaired.
Section 25. The Council shall have the right to grant or refuse licenses for boxing exhibitions and other sports, to circuses, theatrical or minstrel companies, or like things, and exhibits or parades thereof, or the posting of bills for the advertisement thereof; to pool or billiard rooms and other places of amusement; to peddlers or canvassers; to any person having only a temporary place of business for selling or offering for sale goods, wares and merchandise; to peddlers of meats, fish, oysters and vegetables and the location of wagons or stalls, provided that the Council shall not have the power to permit, by license, interference with any place of business or with the convenience of public travel; to provide for the payment of taxes, fines, penalties, and forfeitures by performance of labor for the Town by those who may owe taxes, fines, penalties or forfeitures, and to make proper regulations and rules therefor.
Section 26. For the purpose of preserving the trees upon the streets and other public places of the Town, the Council is empowered to create a Tree Commission, which shall have full power to take such action as the Commission or the Council may deem necessary for their preservation. The Council may appropriate annually an amount of money adequate therefor. The Council may also pass ordinances and resolutions and may impose fines and penalties as they may deem advisable for the purpose of enforcing such ordinances and resolutions.
Section 27. The Council shall have the oversight, management and control of the sewers, sewer systems, and sewage disposal of the Town, together with the authority to install additional sewers, and to change, alter or repair existing sewers. The Council also shall have the power to enact ordinances, rules and regulations in relation to the sewers and sewer systems, and the use thereof; to require any property in the Town to be connected with the water and sewer mains and the manner of such connection, and to compel the owner of any property to pay the cost of such connection, and the tapping fee or charge therefor, and to fix fines and penalties for the violation of non-observance of such ordinances, rules or regulations, and otherwise to provide for the collection of the costs of making such connection, the tapping fee and charges.
Section 28. The Council shall have the power to enact ordinances, rules and regulations and to fix the penalties for violations thereof, relating to the use of streets, highways, lanes, and alleys, the parking of vehicles thereon, with the power to prohibit parking on streets, or portions thereof, entirely or within certain hours, or for certain lengths of time.
Section 29. The Council may build and maintain a suitable place as lock-up or jail for the Town, which shall be used as a place of detention for persons convicted of violation of law or ordinances, or for the detention of persons accused of violations of law or ordinances for a reasonable time, in cases of necessity, prior to hearing and trial. Nothing in this Section shall prevent the sentencing of offender, or the detention of accused persons in the jail of Sussex County, as otherwise provided in this Charter.
FINE AND IMPRISONMENT
Section 30. No fine shall be imposed in a sum exceeding One Hundred Dollars, ($100.00) exclusive of costs; and no term of imprisonment shall be imposed for violation of any rule, regulations or ordinances, or other offense, or for failure to pay any fine or penalty imposed, in excess of a period of thirty (30) days.
Section 31. Whenever during the year, the current receipts are insufficient to provide for the needs of the Town, the Council is authorized to anticipate revenue by borrowing money not in excess of the sum of Five Thousand Dollars, ($5,000.00), which shall be repaid from current revenue received thereafter; provided, however, such borrowing shall at no time exceed the aggregate of Five Thousand Dollars, ($5,000.00). Indebtedness created hereby shall be evidenced by bond or note of the Town, and the faith and credit of the Town shall be deemed to be pledged for the due payment thereof; but no agency or instrumentality of the Town shall borrow money upon the credit of the Town, except by resolution of the Council.
INVESTIGATIONS BY COUNCIL
Section 32. The Council, shall have power to inquire into the conduct of any office, officer, or employee of the Town, and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence.
SURVIVAL OR POWERS AND VALIDATING SECTION
Section 33. This Act shall operate to amend, revise, and consolidate "An Act to Re-incorporate the Town of Delmar", being Chapter 150, Volume 32, Laws of Delaware, and the various amendments thereto, and to repeal all such parts of said Act and its amendments and supplements as are not included and incorporated herein. But all ordinances of the Town of Delmar heretofore lawfully enacted or adopted and now hi force in pursuance of any law of the State, shall continue in force until repealed, altered or amended by the Council of said Town; all acts and doings of "Town Council of Delmar", or of the Council or any officer of said Town, lawfully done and performed under the provisions of any law of the State or of any ordinances of said Town, are hereby ratified and confirmed; all debts, fines, penalties and forfeitures due to the said Town and all debts due from said Town to any person or persons, or corporation are declared to be unaffected and unimpaired by this Act, and all laws for the collection and enforcements thereof shall continue in full force until the same shall be fully paid and discharged; all powers and remedies now conferred by law upon the several Collectors of Taxes heretofore appointed in said Town for the collection and enforcement of all taxes in said Town heretofore assessed and levied and uncollected, shall continue in full force and effect until all of said taxes shall be fully collected and paid; the official bonds of said Collectors of Taxes and of the Treasurer heretofore given shall not be affected or the remedy thereon impaired by this Act, and they and each of them, and their surety or sureties shall be and continue liable for any default or breaches of any of the conditions of said respective bonds; all proceedings heretofore commenced for the collection of any penalty, fine, forfeiture or debt, to the said Town upon any bond or obligation or under any law or ordinance, shall not be affected or impaired by this Act, but the same may be prosecuted to judgment and execution until the same be fully paid, liquidated and discharged; all valid laws heretofore passed relating to or concerning said Town 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.
Approved April 23, 1945.