CHAPTER 243
REHOBOTH BEACH
AN ACT TO AMEND CHAPTER 161, VOLUME 41, LAWS OF DELAWARE, ENTITLED "AN ACT CHANGING THE NAME OF "THE TOWN OF REHOBOTH" TO "CITY OF REHOBOTH BEACH", ESTABLISHING A CHARTER THEREFOR, AND REPEALING CHAPTER 247 OF VOLUME 27, LAWS OF DELAWARE, BEING ENTITLED "AN ACT CREATING A BOARD OF PUBLIC WORKS FOR THE TOWN OF REHOBOTH, WHICH SHALL ESTABLISH, CONTROL AND REGULATE A WATER WORKS SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS", AS AMENDED.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each Branch thereof concurring therein):
Section 1. That Section 2 of Chapter 161, Volume 41, Laws of Delaware, be, and the same hereby is, amended by striking therefrom the first full paragraph of said Section and inserting in lieu thereof the following paragraph, which shall read as follows:
"Section 2. The Commissioners of Rehoboth now in Office, and their successors hereafter chosen under the provisions of this Charter, within the limits and boundaries established by this Charter, shall be, and they hereby are, created a body politic and corporate, in fact and in Law and Equity, by the name, style and title of "THE COMMISSIONERS OF REHOBOTH", hereinafter called The Commissioners, and under that name shall have perpetual succession; may have and use a corporate seal, which may be altered, changed or renewed at pleasure; may sue and be sued, plead and be impleaded in any and all Courts of Law and Equity in the State of Delaware and elsewhere by said corporate name; may take, receive, hold and enjoy any and all lands, tenements and hereditaments located either within or without the limits and boundaries set forth in Section 1 of this Charter, in fee simple or for a lesser estate, interest or otherwise, and also goods, chattels, rights and credits, and may sell, lease, hold, manage and control any such property or properties in such manner as The Commissioners may deem * expedient and proper for the purposes hereinafter to be expressed; and may appoint such Officers and agents as shall be necessary or convenient for the management of the affairs of the City, and may fix and determine the compensation of such officers and agents."
Section 2. That Section 3 of Chapter 161, Volume 41, Laws of Delaware, be and the same is hereby amended by enacting and inserting after the. word "reside" in line 13 of Section 3, the following words:
"outside of the corporate limits of the City of Rehoboth Beach and three of the said Commissioners shall reside".
Section 3. That Section 6 of Chapter 161, Volume 41, Laws of Delaware, be, and the same hereby is, amended by inserting the word "second" between the word "the" and the word "Saturday" in each instance where such latter two words appear in the fifth line of the first paragraph and the elev4nth line of the second paragraph, respectively, of said Section 6.
Section 4. That Section 18 of Chapter 161, Volume 41, Laws of Delaware, as amended, be, and the same hereby is, further amended by striking therefrom the words "fifteenth day of May" as the same appear at the end of the sixth line and the beginning of the seventh line of the second paragraph of said Section and inserting in lieu thereof the words "fifteenth day of September."
Section 5. That Section 24, Chapter 161, Volume 41, Laws of Delaware, be and the same hereby is, amended by striking out all of said Section 24 and inserting in lieu thereof a new Section 24, as follows:
"LEVY OF ANNUAL TAXES"
"Section 24. At the first regular meeting in July, after having revised and completed the assessment, The Commissioners shall determine, to their best judgment and knowledge, the total amount necessary to be raised by the City to meet, all fixed and anticipated expenses and obligations of the City, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the City Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.
"They shall then proceed to determine, in their sole discretion, from which sources of the authorized revenues of the City the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.
"They shall then proceed to determine, assess, fix and/or
levy
a. the rate of tax on real estate per $100 of assessed value; and/or
b. the amount of personal or per capita tax upon each qualified voter; and/or
c. the rate of tax upon all poles, constructions, erections, wires and appliances more particularly mentioned, or intended so to be, in sub-Section 29 (33) of this Charter, as amended; and/or
d. the several license fees to be charged for carrying on or conducting of the several businesses, professions or occupations more particularly mentioned, or intended so to be, in sub-Section 29 (33) of this Charter, as amended, and/or
e. the several rates to be charged for furnishing water service, sewer service, electric service, gas service, and/or the like by the City; and/or
f. the fees or rates to be charged in respect of any other authorized source of revenue, sufficient in their best judgment and estimation to realize the amount to be raised from each such source determined by them to be used, as aforesaid: Provided, however, that sources d, e, and f, aforementioned, may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of The Commissioners as they, in their own proper discretion, shall determine.
"Immediately after the first regular meeting in July of each and every year, The Commissioners shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources a, b, and c, abovementioned. This List shall be known as the annual tax list of the City of Rehoboth Beach. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate per $100 of assessed value thereof.
"The Commissioners shall cause to be delivered to the City Manager a duplicate of said annual tax list and the City Manager shall immediately proceed to collect the same as hereinafter provided.
"Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed, or due the City of Rehoboth Beach under existing laws in reference to said City and the same are hereby declared to be valid, binding and vested in the City of Rehoboth Beach created hereby".
Section 6. That Section 28 of Chapter 161, Volume 41, Laws of Delaware, as amended, be, and the same hereby is, further amended by striking therefrom all of the first paragraph of said Section and inserting in lieu thereof the following paragraph:
"Section 28. The fiscal year for the City of Rehoboth Beach shall be from July 1st of one year to June 30th of the next succeeding year."
Section 7. That Section 296, Chapter 161, Volume 41, Laws of Delaware, as amended, be, and the same hereby is, further amended by striking out all of said Section 29, as amended, and inserting in lieu thereof a new Section 29, as follows:
"ENUMERATION OF POWERS"
"Section 29. Not by way of limitation upon the power vested in The Commissioners to exercise all powers delegated by this Charter to the municipal corporation of The Commissioners of Rehoboth except as may expressly appear herein to the contrary, but, rather, by way of enumeration and for purposes of clarity, The Commissioners are vested by this Charter with the following powers, to be exercised by said The Commissioners in the interest of good government and the safety, health and welfare of the City, its inhabitants and affairs, that is to say,
"1. To prevent vice, drunkenness and immorality.
"2. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the City and its inhabitants.
"3. To prohibit all gaming and fraudulent devices.
"4. To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games.
"5. To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aqueduct or pipe line, or portion thereof, or any new or present sidewalk, curb or gutter, or portion thereof, in the City; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway Department of the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other highway within the City.
"6. To regulate or control the observance of the Sabbath Day.
"7. To establish and regulate 'pounds and to restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large and to authorize the destruction of the same, and to impose taxes on the owners of dogs.
"0. To locate, regulate, license, restrain or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water closets and any businesses or buildings or conditions detrimental to the public health or constituting a public nuisance or of an offensive or noxious nature.
"1. To enforce the removal of snow. ice, dirt or other foreign substance from sidewalks and gutters by owners or abut ting owners.
"2. To prohibit, remove, or regulate the erection and maintenance of, any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post, or any other erection or projection in, over, upon or under any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the City.
"3. To define, prevent, abate or remove nuisances, obstructions or any condition detrimental to the public safety, health or welfare.
"4. To provide an ample supply of pure water for the City and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, re-. new, replace, control and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to regulate and prescribe for what private or public purposes the water furnished by, the municipal corporation may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any wilful, or negligent injury or damage to or interference with the water system or equipment of the City; to furnish, or refuse to furnish, water from the City system to places and properties outside the City limits;- and to contract for and purchase water and distribute the same to users within or without the City with the same full powers as though such water had been initially reduced to usefulness by the municipal corporation itself.
"13. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the City; to regulate and prescribe for what private or public purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the City system to places and properties outside the City limits; in the interest of the public's health, to compel any and all properties in the City to be connected to the sewer system of the City; and to contract for and purchase sewer disposal service and to resell the same to users within or without the City with the same full powers as though such service had been initially provided by the facilities therefor of the municipal corporation itself.
"14. To provide, construct, extend, maintain, manage and control a plant and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the City and for lighting the streets, highways, lanes, alleys, watercourses, parks, lake, strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the City and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessary properly to light the City and to furnish proper connections for electric current and gas to the properties of the inhabitants of the City who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the municipal corporation may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the electric or gas system or systems of the City; to furnish or refuse to furnish, electric current or gas from the City's system or systems to places and properties outside the City limits; and to contract for and purchase electric current or gas and distribute the same to users within or without the City with the same full powers as though such current or gas had been initially reduced to usefulness by the municipal corporation itself.
"15. To fully control within the City the drainage of all water and, to that end, to alter or change the course and direction of any natural water course, runs or rivulet within the City, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct, extend, maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the City.
"16. To provide, construct, extend, maintain, manage and control jetties, bulkheads, embankments, flood gates, piers, boardwalks or fills for the preservation of any strand or high land within the limits of the City or contiguous thereto, to the end that the same may be preserved, properly protected and the general public might enjoy the use thereof.
"17. To grant franchises or licenses to any responsible person, firm, association or corporation, for such period of time, upon such terms, restrictions, stipulations and conditions and for such considerations as The Commissioners shall deem wise, to use the present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, and other public places of the City for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, railroad excepting railroads or railways engaged in interstate commerce, bus, taxi or other transportation, carrier or public service to the City and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the City to points outside the limits thereof, and for the/purpose of erecting wharves and piers, and for the purposes of vending any article of merchandise or service upon, or from any vehicle upon, any such present and future street, highway, lane, alley, etc.: Provided, that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association or corporation whomsoever.
"18. To regulate and control the exercise of any license or franchise mentioned in Section 29 (17) of this Charter or intended so to be.
"19. To direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds of the City and to authorize or prohibit the removal or destruction of said trees.
"20. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the. City which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.
"21. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
"22. To regulate, control or prevent the use or storage of gunpowder, fireworks, tar, pitch, resin and all other combustible materials, and the use of candles, lamps and other lights in stores, shops, stables and other places; to suppress, remove, or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fire.
"23. For the prevention of fire and the preservation of the beauty of the City, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the City and make particular provisions for particular zones or districts with regard to building or building materials; and, generally to exercise all the powers and authorities vested in the legislative body of cities and incorporated towns under and by virtue of Chapter 179, Revised Code of Delaware, 1935, and all amendments thereto.
"0. To acquire, build, erect and maintain a suitable place as a lock-up or jail for the City which shall be used as a place of detention for persons convicted of violation of law or ordinance, or for the detention of persons accused of violation of law or ordinances for a reasonable time, in cases of necessity, prior to hearing and trial; and to provide for the restraint, support and employment of paupers, beggars and vagrants: Provided, that the jails of Sussex County may be used for any such purpose, in which event the City shall pay for the board of persons committed thereto for violations of ordinances of the City which are not violations of any general law of the State.
"25. To acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping offices of the City.
"26. To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, beanshooters, and any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or prevent the use of fireworks, bombs and detonating works of all kinds.
"27. To provide for the punishment of a violation of any ordinance of the City by fine or imprisonment, or both, not exceeding One Hundred Dollars or thirty days, and for working any person sentenced to such imprisonment or any person who shall refuse to so work when ordered.
"28. To provide for the organization of a fire department and the control and government thereof; to establish fire limits and do all things necessary for the prevention or extinguishment of fires; and, in their discretion, to contribute, donate or give an amount or amounts, not to exceed in the total during any given fiscal year two per centum (2%) of the total taxes levied on real estate, unto any Volunteer Fire Company or Companies incorporated under the Laws of Delaware, or any Volunteer Fire Association or Associations maintaining and operating firefighting equipment and service in the City: Provided, that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as The Commissioners shall deem advisable.
"29. To purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the City and to sell the same.
"30. To levy and collect taxes for any and all municipal purposes upon all real estate within the City, except lands belonging to the City; Provided, that the amount to be raised from this source in any one fiscal year shall not exceed the sum of Ninety Thousand Dollars ($90,000.00).
"31. To levy and collect a personal or per capita tax upon all persons otherwise qualified to vote at any annual municipal election to be used for any and all municipal purposes and not to exceed the sum of One Dollar ($1.00) in any one year for each such person.
"32. To levy and collect taxes upon all telephone, telegraph, power poles, pipe lines, rail lines or other constructions or erections of a like character erected within the limits of the City, together with the wires or other appliances thereto or thereon attached, expressly excepting all telephone, telegraph, power lines or poles and rail lines owned or operated by any railroad or railway company engaged in interstate commerce, for any and all purposes, 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 constructions or erections, wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies for the collection thereof set forth in Section 27 of this Charter, The Commissioners shall have authority to cause the same to be removed.
"0. To license, tax and collect fees annually for any and all municipal purposes (including the cost and expense of advertising the City) of such various amounts as The Commissioners from time to time shall fix, from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the Town: Provided, however, that nothing herein shall be so construed as to make it mandatory upon any resident of the State to apply for a license in order to sell in the City any farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.
"34. To determine from which authorized sources and in what proportions taxes shall be levied and used each year to raise the revenue or funds required to meet the general expenses of the municipal corporation and all funding, amortization and interest requirements on its outstanding bonds or other indebtedness.
"35. To provide for the collection of and disbursement of all monies to which the City may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in the Charter.
"36. To borrow money in the name of the City for any proper municipal purpose and in order to secure the payment of the same to issue bonds or other kinds or forms of certificate or certificates of indebtedness pledging the full faith and credit of the City or such other security or securities as The Commissioners shall select, for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the City shall be exempt from all State, County or municipal taxes: Provided, that in no event shall the indebtedness of the City, for any and all purposes, at any one time exceed in the aggregate fifteen per centum (15%) of the assessed value of all real estate in the City subject to assessment for the purpose of levying the annual tax hereinbefore mentioned.
"37. To acquire, and/or to vacate the use of, lands, tenements, personality, property, easements, rights of way, or any interest in property, either within or without the limits of the City, by way of condemnation and eminent domain, for any proper and lawful municipal purpose or whenever required properly to carry out, exercise or fulfill any power conferred upon or delegated to the municipal corporation by the Charter. Proceedings by way of condemnation in any such case shall be the same or prescribed hereafter in Section 33 of this Charter for the opening and laying out of new streets or the vacating or abandoning of old streets and the resolutions referred to in said Section 33 shall be changed and modified to cover any case contemplated hereby.
"38. To appropriate money to pay the debts, liabilities and expenditures of the City, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency.
"39. To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge or other amount due the City by the performance of labor or service for the City by any person owing the same.
"40. To inquire into and investigate the conduct of any office, officer, agent or employee of the City or any municipal affair and for any such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and production of books, papers or other evidence by summary process.
"41. To make, adopt and establish all such ordinances, regulations, rules and by-laws, not contrary to the laws of this State and the United States, as The Commissioners may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the City, the protection and preservation of persons and property and of the public health and welfare of the City and its inhabitants: Provided, that any ordinance relating to the public health of the City and its inhabitants, or designed to prevent the introduction or spread of infectious or contagious diseases, or to prevent nuisances affecting the same, shall apply not only within the corporate limits of the City but as well to all areas and persons outside the City within one mile from said limits."
Section 8. That Section 23 of Chapter 161, Volume 41, Laws of Delaware, be, and the same hereby is amended, by striking therefrom the word "June" wherever the same. appears in said Section and substituting in lieu thereof the word "May".
Section 9. That Chapter 161, Volume 41, Laws of Delaware, as amended, be, and the same hereby is further amended, by adding a new section thereto, to be known as "Section 33A", which such new "Section 33A" shall read as follows:
"STREET IMPROVEMENT COST"
"Section 33A. In addition to the power and authority to expend funds of the City of Rehoboth Beach to improve present and future streets, highways, lanes, avenues and alleys of the City, The Commissioners are hereby authorized and empowered to apportion and impose not exceeding two-thirds of the entire cost to the City of improving any present or future street, highway, lane, avenue and alley, or part thereof, upon the adjacent property holders, block by block, in the manner following.
"For the purposes of this Section the entire cost to the City of any such improvement shall be deemed to include the total costs to be paid by the City out of City funds for improving and/or repairing the surface of any such present or future street, highway, lane, avenue and alley from curb line to curb line, as well as the total costs to be paid by the City out of City funds for laying down, replacing and/or repairing sewer mains and laterals, water mains and laterals, and/or surface water drainage mains and catch basins, all as The Commissioners shall elect and determine.
"The cost of any such improvement to the intersection of any given streets, highways, lanes, avenues and/or alleys of the City shall be borne solely by the City, and no part thereof, as the same shalt be determined by The Commissioners, shall be apportioned and imposed upon the adjacent property holders, block by block, as aforesaid.
"For the purpose of this Section any given "block" of the City shall be deemed to include the entire lineal footage of all property fronting upon both sides of any given street, highway, lane, avenue or alley of the City between any two other successive, intersecting streets, highways, lanes, avenues and/or alleys, as the case may be, of the City.
"Upon the petition, in writing, signed by the then owners of a majority of the entire lineal footage of all property fronting upon any given block of the City and filed with The Commissioners, praying that in pursuance of Section 33A of the Charter of the City of Rehoboth Beach The Commissioners proceed to improve such block of any such street, highway, lane, avenue or alley and the street intersections at each end thereof, then, in such event, The Commissioners may at any time thereafter. proceed to improve the same in pursuance of, and under the terms and provisions of, this Section. No such petition shall be received and filed if it undertakes to limit or restrict the time within which such improvement shall be carried out, or the discretion of The Commissioners as to the nature, extent and cost of such improvement as vested in said The Commissioners by this Section. Nor shall any such petition be received and filed unless it shall have attached thereto an oath or affirmation of at least two freeholders of the City of Rehoboth Beach taken before any person authorized to administer oaths under the Laws of the State of Delaware, and verifying that the signatures appended to such Petition were made in their presence and are the signatures of the persons whose names they purport to be, and that they did fully read such Petition unto each such signer prior to the signing thereof by each such signer. Whenever any such Petition shall have been received and filed by The Commissioners, it may not thereafter be withdrawn, nor shall the signature of any signer be stricken therefrom, except by and with the consent of The Commissioners so to do. Whenever any such Petition shall have been received and filed by The Commissioners, as aforesaid, it shall be admitted into evidence by all Courts of Law of Equity and shall be prima facie proof of its contents and of the signatures of the respective signers thereof.
"In effecting and carrying out any such improvement as is contemplated by this Section, the entire costs thereof to the City may be paid, when due, by The Commissioners out of any funds of the City not otherwise appropriated or earmarked and/or for any such purpose The Commissioners may borrow money and secure the payment of the same, and The Commissioners of Rehoboth are hereby authorized and empowered to issue bonds or other kinds or forms of certificate or certificates of indebtedness pledging the full faith and credit of the City of Rehoboth Beach, or such other security or securities as The Commissioners shall elect, for the payment of the principal thereof and the interest due thereon under and pursuant to the terms and provisions of, and in the manner provided by, Section 40 of the Charter of the City, as amended, the pertinent terms and provisions whereof are hereby incorporated by reference into this Section 33A: PROVIDED, HOWEVER,
a. in all borrowings and/or issuance of bonds or forms of certificate or certificates of indebtedness for any of the purposes of this Section 33A it shall not be necessary for the Commissioners of Rehoboth to call or hold a special election of the taxables of the City to secure their approval of such borrowing; and
b. Each bond or other kinds or forms of certificate or certificates of indebtedness issued by The Commissioners for any of the purposes of this Section 33A shall provide that the same may be called in and redeemed and paid by The Commissioners, in whole or in part, at its option, at any interest date designated therein prior to the maturity date thereof:
"Immediately upon the completion and/or acceptance of any such improvement of any given block of any present or future street, highway, lane, avenue and/or alley of the City, The Commissioners shall cause to be made a true and accurate statement of the whole and entire costs to the City thereof and shall deduct from such whole and entire costs,
a. the cost of such improvement to the intersections of any given streets, lanes, avenues and/or alleys done and improved in connection with and as a part of any such improvement undertaken in pursuance of this Section.
The whole and entire costs of any such improvement of any such given block then remaining shall be divided into three equal parts and the total amount of two such equal parts thereof shall then be apportioned among and levied and assessed upon all of the adjacent property and property-holders of such block according to the lineal footage of their several properties fronting upon both sides of such given block of such street, highway, lane, avenue and/or alley of the City, as the case may be.
"Such levy and assessment shall be made and perfected by The Commissioners causing a complete list of all properties to be thus assessed, and setting forth the number of lineal feet of each such property fronting upon such block, the owner or owners of each such property and the amount levied and assessed against each such property and the owner or owners thereof.
"A copy of such special assessment list shall be posted in the City Hall of the City for one week for public inspection. An advertisement of such posting and stating the time and place when and where The Commissioners shall sit to hear objections thereto shall be published in two successive issues of a newspaper published in said City prior to the posting thereof and the time of said hearing. The hearing shall not be less than ten (10) days nor more than twenty (20) days after the last publication of such advertisement.
"The Commissioners shall sit in public hearing on the day and hour and at the place specified in said advertisement and shall hear and determine all objections to such special assessment list as shall have been made by any party in interest, in wilting, and filed with The Commissioners, or any member thereof, at any time prior to the hour of such public hearing as fixed in the advertisement thereof. The hearing may be adjourned from time to time until all such objections as have been filed, as aforesaid, shall have been heard and determined.
"Upon hearing and determining all such objections to such special assessment list, The Commissioners shall cause said list to be corrected and altered, if need be, to conform to, and comply with, the terms and provisions of this Section. Thereupon, such list shall be certified to by said The Commissioners as correct and the several amounts shown upon such altered and corrected list, as having been levied and assessed against the several properties and owners thereof as therein set forth.
"Any such special assessment shall be a lien upon the respective properties upon which any such assessment is levied and assessed, as aforesaid. Such lien shall have priority over any and all other liens, encumbrances or conveyances, excepting only tax liens and prior special assessment liens of a like nature for public improvement.
"Immediately after certifying any such list, The Commissioners shall cause a duplicate thereof to be delivered to the City Manager, who shall immediately prepare statements of such assessments against each property so assessed and shall mail, or deliver, or cause to be delivered, such statements to the person or persons whose names appear therein as the owner or owners of such property or properties, respectively. If mailed to the last known post office address of any such person, or persons, it shall be full and sufficient notice of such assessment for the purposes of this Section.
"All sums paid on account of any such assessment shall be paid to the City Manager who shall give his receipt therefor, and all such sums shall be by him delivered upon their receipt unto the Treasurer who shall deposit them in some banking institution or institutions in Delaware in a special account to be designated as a "Sinking Fund for Street Improvement", separate and distinct from any other funds handled by said Treasurer. All such amounts shall only be paid out of any such account for the purpose of paying, retiring and/or redeeming any borrowing, bonds or other certificate or certificates of indebtedness issued or incurred by the City of Rehoboth Beach in pursuance of this Section, and for paying the interest thereon. If at any given time all such outstanding borrowings, bonds or other certificate or certificates of indebtedness, and all interest due thereon, be fully paid and satisfied, then any amount remaining in such Sinking Fund may be paid over into the General Fund of the City and used for any lawful, municipal purpose of the City.
"All special assessments made in pursuance of this Section shall be due and payable upon the date that The Commissioners shall certify as to the correctness of the same, as aforesaid, and all amounts unpaid thereon after sixty (60) days of the date of any such certification shall bear interest from the due date thereof, as aforesaid, until the date of payment, at the rate of six per centum (6%) per annum; such interest to be added thereto and treated and considered as a part of any such assessment. Any such assessment paid in full within sixty (60) days of the due date thereof shall not bear interest.
"Any property owner or owners so assessed may file with the City Manager a statement in writing signed by such owner or owners stating, in effect, that such owner or owners elects to pay any such assessment in five equal installments. Any such statement must have been so filed within sixty (60) days after the due date of any such assessment, as aforesaid, and if so filed such owner or owners shall then be entitled to pay the same in five equal installments, with interest as aforesaid upon the unpaid balance: the first such installment to be due and payable within sixty (60) days from the date that The Commissioners shall have certified the list, as aforesaid, and a subsequent installment, with interest as aforesaid, to be due and payable on the first day of July of each year thereafter until fully paid. Any such owner shall have the right to pay the full balance due upon his assessment at any installment date aforesaid. If any such owner does not elect, as aforesaid, to pay in installments, or having so elected thereafter neglects to pay any installment, or part thereof, when due, then the whole of said assessment and interest, or the unpaid portion thereof, as the case may be, shall forthwith be collected by the City Manager who is hereby vested with all the rights and powers, and shall proceed to collect the same in any of the- manners, provided for the collection of other taxes, assessments and charges due the City as more particularly set forth in Section 27 of the Charter of said City.
"The power and authority to apportion, impose and collect not exceeding two-thirds of the entire cost to the City of improving any present or future street, highway, lane, avenue and alley, or part thereof, upon the adjacent property-holders, block by block, in the manner hereinbefore provided in this Section, or intended so to be, shall bind and apply to all property now or hereafter situate in the limits of said City as now or hereafter defined."
Section 10. Every and all Sections or parts of Sections of this Act shall become effective immediately upon its approval with the exception of Section 9 hereof. Said Section 9 of this Act shall not take effect, nor shall said Section 9, or any provision thereof, be deemed to have changed or altered, in any manner whatsoever, any existing Law or Laws of the State of Delaware until such time as the same shall have been accepted by a majority of the votes cast at a Special Election of all the taxables of the City of Rehoboth Beach. In respect to any such Special Election the time thereof, the giving of the notice thereof, the conducting thereof, the ballots therefor (which shall read "FOR PROPOSED SECTION 33A OF THE CHARTER" and "AGAINST PROPOSED SECTION 33A OF THE CHARTER"), the taxables entitled to vote thereat, the number of votes each such taxable shall be entitled to vote thereat, the manner of casting votes thereat, the counting of the votes cast thereat, the certifying of the result of the votes cast thereat, and the recording and filing of the results thereof, all shall be done, performed, carried out, authorized and empowered in substantially the same manner and under the same authorities and powers as provided in the ninth to the sixteenth full paragraphs, inclusive, of Section 40 of Chapter 161, Volume 41, Laws of Delaware, as amended, having to do with Special Elections of the taxables of the City of Rehoboth Beach to authorize said City to borrow money and/or issue bonds or other certificates of indebtedness in certain instances; the pertinent and necessary provisions of which paragraphs of said Section are hereby incorporated into this Section 10 of this Act by reference.
Election called and held for that purpose, as aforesaid, The Commissioners of Rehoboth are hereby authorized and empowered to call a further such Special Election or Special Elections, at any time, or from time to time, thereafter in like manner and for said purpose: PROVIDED, that a majority of The Commissioners of Rehoboth shall vote so to do and that no two such Special Elections shall be held in any given calendar year.
No such Special Election for the acceptance or rejection of Section 9 hereof, as hereinbefore provided, shall be called or held in any given calendar year unless prior thereto and during the same calendar year there shall have been called and held a Special Election whereat the taxables of the City of Rehoboth Beach shall have defeated an increase in the indebtedness of said City in such amount as reasonably shall be required to improve generally the then present unimproved and partially unimproved streets, highways, lanes, avenues and alleys of said City in accordance with a general street improvement plan therefor adopted by The Commissioners of Rehoboth under and pursuant to Section 40 of Chapter 161, Volume 41, Laws of Delaware, as amended.
Section 11. All Acts or parts of Acts inconsistent with or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency only.
Section 12. If any part of this Act shall be held invalid or unconstitutional such holding shall not be deemed to invalidate the remaining provisions thereof.
Section 13. This Act shall be taken as, and deemed to be, a public Act of the State of Delaware.
Approved April 9, 1947.