AN ACT TO RE-INCORPORATE THE TOWN OF BETHANY BEACH.
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 House of the Legislature concurring therein):
Section I. The inhabitants of the Town of Bethany Beach, in the County of Sussex, State of Delaware, are hereby constituted a municipal corporation and body politic under the name and style of "THE COMMISSIONERS OF BETHANY BEACH".
The limits and bounds of the Commissioners of Bethany Beach are hereby established and declared to be, as follows:
BEGINNING at the Ocean on the central line of Fifth Street; thence Westerly with said line to the eastern boundary of lands of Alonso H. Evans; thence with the said easterly line of said Alonso H. Evans to the northerly line of the canal right of way owned by the Bethany Beach Improvement Company; thence with the northerly line of said canal right of way to the Westerly line of the right of way of the Free Inland Waterway connecting Assawoman Bay with the Delaware Bay; thence with the said line of said Inland Waterway to the northerly line of lands late of Hiram James; thence with said line late of Hiram James and the northern line of lands of Henry M. Evans to Muddy Neck Road; thence with the old Hall and Evans line in a straight line to the low water mark of said Ocean; thence to the place of beginning.
The Commissioners of Bethany Beach may at any time hereafter cause a survey and plot to be made of the Town of Bethany Beach and the said plot, or any supplement thereto, when so made and approved by said Commissioners of Bethany Beach, signed by the President, attested by the Secretary with the municipal corporate seal attached thereto and upon being recorded in the Office of the Recorder of Deeds of the State of Delaware, in and for Sussex County, shall be, or the record thereof, or a duly certified copy of said record, evidence in all Courts of law and equity of this State.
The Commissioners of Bethany Beach, at any time after five years from the effective date of this Act hereafter may change or extend the limits and bounds of the Town of Bethany Beach, 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. The Commissioners of Bethany Beach shall by resolution propose to the electors to extend said limits and bounds or to change the same. The resolution shall set forth the proposed change or extension and the distance and directions thereof with reasonable certainty, and all other pertinent facts relating to the extension or change, and shall direct an election to be held thereon on the day of the next Town election.
2. A copy of said resolution shall be published in at least two 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 person entitled to vote, the method of voting, and the date, hour and place of said election. Similar notices shall be posted in at least five (5) public places of the Town, and in at least two public places in the territory proposed to be added to the Town.
3. The Commissioners 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 commissioners shall have one vote for every dollar or 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 or change, 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 owners 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.
5. The Board of Election shall count the votes for and against the proposed extension or change; and shall announce the result thereof; and 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 Commissioners, which said certificate shall be entered on the minutes of the Commissioners, and the original shall be filed with the papers of the Commissioners.
6. 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 Bethany Beach 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 or change shall be considered to be effective from and after the date of said election, and the Commissioners shall thereupon cause a survey and a 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.
7. 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 election, 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 general Town elections.
Section II. A. The Commissioners of Bethany Beach now in office, their successors hereinafter chosen under the provisions of this Charter, within the limits and boundaries referred to in Section I of this Charter, or within the limits and boundaries hereinafter established, shall be, and they are hereby, created a body politic and corporate in fact and in law and equity, by the name, style and title of "COMMISSIONERS OF BETHANY BEACH", hereinafter called the Commissioners, and under that name shall have perpetual succession; and 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 or equity in the State of Delaware and elsewhere by said corporate name; and, for the purpose of this Charter, hereinafter to be set forth, to take, hold, receive and enjoy, any lands, tenements and hereditaments, in fee simple or for a lesser state, 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; may appoint such officers and agents as shall be deemed necessary or convenient for the management of the affairs of the Town and may fix and determine the compensation of such officers and agents.
B. The Commissioners shall have all other powers and functions requisite to and appropriate for the government of the Town, its peace and order, its sanitation, beauty, 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 Commissioners of Bethany Beach".
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 that the "The Commissioners of Bethany Beach" 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 Commissioners, whether express or implied, shall be exercised as prescribed by this Charter, or, if not so prescribed, by ordinance or resolution of the Commissioners.
Section III. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in the Commissioners consisting of seven members, of whom one shall be designated as President. The President shall be entitled to an annual salary of Fifty ($50.00) Dollars; the other Commissioners shall each be entitled to an annual salary of Twenty-five ($25.00) Dollars.
Section IV. The annual municipal election shall be held on the first Tuesday after the first Saturday in August on each and every year between the hours of 2:00 P. M. and 4:00 P. M., at such place within the limits of the Town as shall be designated by the: Commissioners, at which election the voters of the Town qualified as herein provided, shall elect Commissioners as follows: At the said election to be held on the first Tuesday after the first Saturday in August, A. D. 1947, four Commissioners shall be elected to serve for the term of two (2) years from the time of taking office, and until their successors shall be elected, and three (3) Commissioners shall be elected in the year 1948, to serve for the term of two (2) years, or until their successors shall be elected and qualified, and at each subsequent annual election the successors of the Commissioners whose term shall have expired shall be chosen to serve for the term of two (2) years and until their successors shall be elected and qualified.
NOMINATION TO ELECTIVE OFFICES
Section V. At least ten days before the day of the election as hereinafter fixed, nominations shall be filed with the Secretary of the Commissioners. Said nominations shall be in writing, signed by the nominees or by five other citizens of the Town, which nominations shall be presented to the Commissioners by the said Secretary at the meeting to be held at the usual meeting place, which shall be held not later than 8:00 in the evening of the last day for filing said nominations. The Commissioners shall cause to be printed ballots, at least as many in number as the citizens in the said Town entitled to vote at the election. Said ballots shall contain the names of all persons nominated under the heading 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. The 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.
Section VI. 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 Commissioners, but if at the opening of the election there shall not be present the three qualified voters so appointed, or any 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. 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 Dollars ($2.00) for his or her services.
QUALIFICATION OF VOTERS
Section VII. At any such election every person, male or female, who shall have been a freeholder in said Town for a period of six months immediately preceding such election and against whose property there shall be no unpaid tax of the Town on the assessment list, above the age of twenty-one years, whether a resident or a qualified voter in the State of Delaware or not, and who shall have actually attended or spent at least one week in said Town during the year in which such election is held, shall be entitled to vote; provided, that any married man or women, whose wife or husband is a freeholder of said Town, although he or she may not be in his or her own right the owner of any real estate in said Town, shall be entitled to vote. The same qualifications shall apply to any person before he or she may be nominated and elected as a Commissioner.
DUTIES OF ELECTION BOARD
Section VIII. Upon the close of the election the vote shall be read and counted publicly, and the person 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 or her successors shall be 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.
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 Commissioners, and shall be evidence in any Court of Law or 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.
Section IX. The Commissioners at their first meeting after said election, or as soon thereafter as may be, shall choose from their own number, a President and a Secretary and Treasurer to serve until the first annual organization meeting after the next preceding election. They may also choose an Assistant Secretary, to serve at the pleasure of the Commissioners who may or may not be from among their own number.
MEETING OF THE COMMISSIONERS
Section X. The Commissioners shall hold regular meetings once a month at such times and places as may be designated by the Commissioners. Special meetings may be called by the President and shall be called by him upon the written request of three of the members of the Commissioners and held as prescribed by ordinance or resolution; and all meetings, regular and special, shall be open to the public.
Section XI. A majority of the members elected to the Commissioners 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 COMMISSIONERS
Section XII. The Commissioners shall determine its own rules and order of business, and shall keep a journal of its proceedings, and the ayes 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 XIII. In case of vacancy created in the Office of President or member of the Commissioners, either by death, resignation, loss of residence or otherwise, the Commissioners may fill such vacancy and the person so appointed shall serve for the unexpired term or until his or her successor shall be elected and duly qualified.
DUTIES OF PRESIDENT
Section XIV. It shall be the duty of the President to preside at the meetings of the Commissioners, and to have the general supervision of the affairs of said Town and other persons who may be employed by the said Commissioners; to receive the complaints or nuisances and violations of law and ordinances and present the same to the said Commissioners at the next meeting for their action; he shall sign all warrants on the Treasurer for the payment of any moneys and shall perform certain other duties as may be prescribed by any ordinance or the by-laws adopted by said Commissioners.
Section XV. The Secretary shall record all the proceedings of the Commissioners, and shall keep a correct journal of the same in a book to be provided for that purpose; he 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 shall deliver the same to his successor in office. He shall also attest the seal of the Town when authorized by the Commissioners and shall perform such other 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 always be open for the inspection of the Commissioners and the public, under such regulations as the Commissioners may prescribe.
Section XVI. The Treasurer shall be the custodian of all the Town funds and shall deposit them in such banking institutions as may be designated by the Commissioners; he shall pay out no money except upon check or warrant countersigned by the President and Secretary and authorized by the Commissioners; he shall keep a true, accurate and detailed account of all moneys received and of all moneys paid by him; he shall preserve all vouchers for moneys paid by him and his books and accounts shall at all times be open to the inspection of the Commissioners; he shall make such reports and at such times and places as the Commissioners may direct. He shall file with the Commissioners a bond with corporate surety by the faithful performance of his duty, in such form and for such amount as the Commissioners shall direct.
Section XVII. The Commissioners may elect some suitable person to be Alderman, who may or may not be a Justice of the Peace, and who may or may not be a resident of the said Town, to serve as such for one year or until his successor shall be duly elected and qualified; provided, however that the Commissioners may at any time remove said Alderman from his office by a vote of two-thirds of all of said Commissioners. In the event of a vacancy in the office of Alderman, for any reason whatsoever, or in the event of his inability to serve, upon order of the Commissioners, the nearest Justice of the Peace shall have jurisdiction and cognizance to hear and determine 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.
The Alderman 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 or ordinances enacted hereunder; of all neglects, omissions or defaults of any member of the police force or 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 a longer term than thirty days. The Sussex County jail may be used for imprisonment under the provisions of this Charter. The Commissioners shall reimburse the Alderman or the Justice of the Peace, as the case may be, for all costs levied which cannot be collected from persons against whom fines are imposed. The Alderman shall also 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 pavements, expenses or 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 powers and authority and shall be subject to all the limitations of a Justice of the Peace of Sussex County, except as may be herein otherwise provided; and his fee shall be the same as those of the Justice of the Peace for like service. For any service 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 and all other matters within the purview of this Charter.
Upon the expiration of the term of office, or upon his resignation 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 imprisoned at the discretion of the Court.
At every regular monthly meeting of the Commissioners, 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 Commissioners, and for failure to make report to the Commissioners 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.
Section XVIII. An Auditor of Accounts, who may or may not be a resident of the Town of Bethany Beach, shall be appointed by the Commissioners at each annual meeting to serve for the term of one year or until his successor shall have been duly appointed and qualified. It shall be his duty to audit the accounts of the Town and all of its officers whose duty involves the collection, custody and payment of money to the Town. He shall audit the books of the Alderman and the records of all fines, penalties and costs imposed or collected by him pursuant to any judgment, order or decree made. He shall make and deliver a detailed report of any and all accounts, records and books by him examined and audited as the Commissioners may require. The Auditor in the performance of this duty shall have access to all records of the Commissioners and of all records and accounts of the offices of the Commissioners and he is authorized and empowered to employ such clerks and accountants as in the judgment of the Commissioners may be necessary in the proper performance of his duties.
Section XIX. At the annual meeting the Commissioners 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 Commissioners and other officers of the Town, and to perform other legal services as may be required of him by the Commissioners.
BOARD OF HEALTH
Section XX. The Commissioners shall appoint three members, who may or may not be residents of the Town, who shall compose the membership of the Board of Health. 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 Commissioners 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 recommendation to the Commissioners 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 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 as soon as possible after the notice for their appointment, and shall keep a record of their proceedings and acts. The Secretary shall be executive officer of the Board.
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 disease or nuisances effecting the same shall extend to an area within one mile outside of the limits of the Town.
Section XXI. It shall be the duty of the Commissioners to appoint a Police force, consisting of a Chief and such number of subordinates as the Commissioners may deem advisable; and the Commissioners shall from time to time make rules and regulations that may be necessary for the organization, government and control of the Police. The members of the police shall be subject to the direction of the Commissioners and may be removed by the Commissioners at any time. They shall preserve peace and order and shall compel obedience within the limits of the Town to the ordinances of the Town and the laws of the State; and they shall have such other duties as the Commissioners shall from time to time prescribe.
Each member of the police shall be vested, within the Town limits and within one mile outside of said Town 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, acting Alderman or Justice of the Peace shall be delivered by a member of the police force to the County Jail of Sussex County, to be therein imprisoned for the term of the sentence. In the 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 for imprisonment until such reasonable time thereafter as shall enable the Alderman, acting Alderman or Justice of the Peace to hear and determine the charge against such person.
Section XXII. Annually each year, and not later than the First day of April, the Commissioners shall prepare a budget containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year. The budget shall contain the following information:
any appeal shall be final and conclusive. No Commissioner shall sit upon his own appeal, but the same shall be heard and determined by others. After the valuation and assessment shall be examined and adjudged by the said Commissioners, all taxes shall be levied, assessed and raised on the real estate thus valued and assessed in just and equal proportions.
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 Charter. Real estate shall be assessed to the owner or owners if he, she, they or it be known. If the owner or owners of real estate 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 an assessment to "owner unknown", shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds of Sussex County, at Georgetown, Delaware.
The Assessors shall, if so directed by the Commissioners, make a personal assessment of all the male and female citizens of the Town above the age of twenty-one years. He shall also make a personal assessment against all person or persons owning real estate within the limits of the Town, whether he be a resident or non-resident owner of said real estate; said personal assessment shall be determined by the Commissioners and certified to the Assessor; said personal assessment or per capita tax, in the case of both resident and non-resident real estate owner, shall be an addition to the assessment levied on the real estate so owned by or assessed against them.
The Commissioners 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 or added to 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 Collector of Taxes as in case of other taxes, and the Commissioners shall, in addition, have authority to cause the same to be removed.
COLLECTION OF TAXES
Section XXIV. The Commissioners shall appoint a Collector of Taxes to collect taxes levied by the Commissioners.
The Collector of Taxes, as soon as the Commissioners shall have placed in his hand the duplicate annual tax list, shall proceed at once to collect the tax on said list.
All taxes so laid or imposed by the Commissioners of Bethany Beach in such tax list shall be and constitute a lien upon all the real estate of the taxable against or upon whom such taxes are laid or imposed of which such taxable was seized, at any time after such taxes shall have been levied and imposed, situate in the Town of Bethany Beach. Such lien shall have preference and priority to all other liens on real estate created or suffered by such taxable although such other lien or liens be of a date prior to the time of the attaching of such liens for taxes; provided that the lien for such Town taxes shall remain a lien for the period of three years from the date upon which the Commissioners shall deliver to the Collector the tax list therefor; provided further that if such real estate shall remain the property of such person or persons who own it at the time the tax was laid, then the lien shall not be extinguished until the tax is collected.
All taxes, when and as collected by the Collector of Taxes, shall be paid to the Treasurer, and all taxes shall be due and payable at and from the time of the delivery of the tax list to the Collector of Taxes. On all taxes paid after the First Day of January next succeeding the delivery of the annual duplicate tax list to the Collector of Taxes, there shall be added an amount equal to one (1) per centum per month for each and every month such taxes shall remain unpaid, and shall be collected in the same manner as the original amount of the tax. On the same day of the month of the year following the delivery of the duplicate annual tax list to the Collector of Taxes, the Collector of Taxes shall make full, final and complete settlement with the Treasurer and Commissioners. At such settlement the Commissioners shall allow to the Collector of Taxes all taxes which shall have been impossible to collect by reason of errors in the assessment list, delinquencies or otherwise. No allowances shall be made for the default or neglect or delay of the Collector of Taxes. The settlement shall be final and conclusive and no other allowances in any form shall be made to the Collector of Taxes by the Commissioners. Upon the conclusion of the settlement, the Collector of Taxes shall forthwith pay over to the Treasurer of the Town the aggregate amount of the taxes found to be due the Town. Upon his failure or neglect to do so, it shall be the duty of the Commissioners to proceed to collect the same from the Collector of Taxes and/or his surety. Default by the Collector of Taxes to the Town in any sum shall, ipso facto, vacate his office; provided, however, that the Commissioners for good cause shown shall have the power to extend the time for settlement by the Collector of Taxes for a period of not exceeding six (6) months.
If the Collector of Taxes shall be unable, within one (1) year of the date of the delivery of the duplicate annual tax list to him, to collect the tax of any taxable, he is authorized and empowered, to collect such tax from such taxable and in collecting the same shall have the same powers and authority as are now given by law to a Collector of Taxes for Sussex County.
ENUMERATION OF POWERS
Section XXV. By ordinance, rules, regulations, resolutions, and by-laws or amendments to the same, The Commissioners of Bethany Beach, for the good government and welfare of the Town, shall have the following powers (which shall not be deemed to be exclusive); to prevent vice, drunkenness and immorality; to preserve peace and good order; to restrain and suppress disorderly houses, gambling houses, houses of ill-fame; to restrain and suppress all instruments and devices for gaming; to prohibit all gaming and fraudulent devices; to prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses or other public performances and exhibitions for money and to license the same; to prevent any horse racing in any street, highway, alley or strand; to authorize the stopping and detention of any person who shall be guilty of any immoderate riding or driving of any horse, other animal, motor vehicle or other vehicle in any street, alley, highway, alley or strand; to regulate and control the parking of all vehicles upon the streets of the Town; to prevent the driving of any drove or droves of horses, mules, cattle, sheep, swine or other animal through any of the streets, avenues, highways, alleys or strands of the Town on the Sabbath day, and to regulate the same at all times; to establish and regulate one or more pounds, and to restrain the running at large of horses, cattle, swine, goats or other animals, or geese, chickens, ducks or other poultry, and to authorize the impounding and sale of the same for the penalty incurred, and the cost of keeping, impounding and sale; to authorize the destruction of dogs running at large and to impose taxes on the owner of dogs; to locate, regulate and remove slaughter houses, swine pens, privies and water closets; to regulate and prohibit any practice having a tendency to frighten animals, or to annoy persons on the streets or the sidewalks of said Town; and, to restrain drunkards, vagrants, mendicants and street beggars.
The Commissioners of Bethany Beach shall, in a like manner, have the power to ascertain and establish the boundaries of all streets, avenues, highways, lanes and alleys in said Town; to prevent and remove all encroachments on said streets, avenues, highways, lanes, alleys, beach or beach strands; to regulate, clean and keep in repair, the streets, highways, lanes, alleys, beach, beach strands, boardwalks, wharves, docks, sidewalks, crosswalks. sewer drains, aqueducts and water courses, and to prevent and remove obstructions in and upon the same in any manner whatsoever; to level, grade, flag or re-flag, curb or re-curb, gutter or re-gutter, pave or re-pave, macadamize, gravel or shell the streets, highways and alleys of said Town, and the sidewalks, crosswalks and gutters thereof, or any of them, or any parts or sections of the same; to prescribe the manner in which such work shall be performed; to enforce the removal of snow, ice and dirt from sidewalks and gutters by the occupant or owner thereon, to prevent or regulate the erections of any stoop, step, platform, bay window, cellar door, gate, area, descent into a cellar or basement, sign or post, or the erection of any projection or otherwise, in, over, under or upon any street, sidewalk, or avenue, and to remove the same where already erected, at the expense of the owner or occupant of the premises; to abate or remove nuisances of all kinds at the expense of those maintaining them, and to compel the owner or occupant of any lot, house, building, shed, cellar or place wherein may be carried on any business or calling, or in or upon which there may exist any matter or thing, which is or may be detrimental, in the opinion of The Commissioners, or Board of Health, to the health of the inhabitants of the Town; to cleanse, remove or abate the same, under the direction of the Commissioners as often as the said Commissioners or Board of Health may deem necessary for the health and well-being, of the inhabitants of the Town; or in a summary manner to cause the same to be done at the expense and proper cost of such owner or occupant; and such owner or occupant.is hereby expressly made liable for said costs and expenses, to be collected, as hereinafter directed, from such owner or occupants in addition to any fine or penalty which he, she, they or it may be liable for maintaining such nuisance.
The Commissioners of Bethany Beach shall, in a like manner, have the, power to prescribe the manner in which all contracts for performing work or furnishing materials for the Town shall be made and executed; to prescribe the manner in which corporations or persons shall exercise any privileges granted to them in the use of any street, avenue, highway, alley, beach or strand in said Town, or in digging up any street, avenue, highway, or alley, beach or strand for the purpose of laying down pipes, or for any purpose whatsoever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate; to enter into contract or contracts with, or to grant franchises, concessions, or rights to any person, firm, partnership or corporation who may apply for the use of any street, highway, avenue, lane, alley, beach or strand for the purpose of furnishing electric lights, power, gas, heat or water to said Town and its inhabitants, or for the constructions and operation of railways, steam, motor, electrical or other. powers; or to regulate, route, grant franchises to and enter into contract or contracts with any other public carrier or for the construction and operation of sewer or other sanitary systems of drainage or for the erection of wharves or piers; to regulate, protect and improve the public grounds of said Town to provide lamps to light the streets in public places of every description in said Town; to erect and regulate wells, pumps, aqueducts and cisterns in the public streets; to prescribe and regulate the places of vending or exposing to sale of any all articles of merchandise from wagons or other vehicles.
The Commissioners of Bethany Beach shall, in like manner, have the power to direct and regulate the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds in said Town and to authorize and prohibit the removal or destruction of said trees; to direct the digging down, draining, filling-up or fencing of lots, tracts, pieces or parcels of ground in said Town, which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by the Town or this Charter; to prescribe the manner in which such work shall be performed, and to cause the expense thereof to be assessed on such lots, tracts, pieces or parcels of ground, whether improved or unimproved, and to determine the time and manner in which such assessment shall be collected; for the prevention of fire and the preservation of the beauty of the Town; to regulate and control the manner of building or removing of dwelling houses or other buildings, and to establish a code for the same, and to establish a building line for buildings to be erected; provided that such building line shall not be established more than twenty (20) feet back from the front line of lots; to zone or district the Town and make particular provisions for particular zones or districts with regard to buildings or building materials, and may forbid any building except for which a building permit therefor has been obtained from and as prescribed by the Commissioners; provided, that this provision shall be deemed to include new buildings or re-buildings or addition to or alterations of existing structures of any kind, as to which the Commissioners are granted all the authorities and powers vested in the Legislative Body of Cities and Incorporated Towns under and by virtue of Chapter 179 of the Revised Code of Delaware, 1935, as amended; to prohibit, within certain limits, to be from time to time prescribed by ordinance, the building or erecting of stables; to regulate the construction of chimneys, to compel the sweeping thereof; to prevent the setting-up or construction of furnaces, boilers, ovens or other things in such manner as to be dangerous; to prohibit the deposit of ashes in unsafe places, and to authorize any Town Officer or Constable or person whom they may designate for that purpose; to enter upon and inspect any place or places for the purpose of ascertaining whether the same is or are in a safe condition; and if not, to direct or cause the same to be made so; to make, adopt and promulgate all rules and regulations relative to the use of any sewer in said Town and the tapping thereof, including the charge and fee therefor, as they shall deem proper, and they may also adopt ordinances prescribing penalties for any injury to the said sewer system or any part thereof, or for any abuse of any privilege granted in connection therewith; to prescribe the material of private drains or sewers which shall enter into any Town sewer, and shall direct the manner in which they shall be laid; upon written notice from the Board of Health of the existence of a nuisance detrimental to the public health of the inhabitants of said Town, stating that such nuisance can be eliminated by connecting the property upon which said nuisance exists with the sewerage system of the Town; to compel the owner or owners of such property to connect such property with the sewerage system of the Town, within thirty days after written notice, directed to such owner or owners.
The Commissioners shall, in like manner, have the power to regulate or prohibit the carrying on of manufactories dangerous in causing or promoting fires; to regulate or prohibit the manufacture, sale or use of fireworks, and the use of firearms in said Town; to regulate or prohibit the use of candles and lights in barns, stables and other buildings; to regulate and prohibit swimming or bathing in the ocean or within waters within the limits of the Town.
The Commissioners shall further have the power and authority to compel the owners of property within the limits of the Town to keep the same free from unsanitary or unsightly conditions, clear of tall weeds and rubbish, and to fill in any low lots, provided that the Commissioners in their opinion shall deem the same to be unsanitary or unsightly or in any other manner prejudicial to the welfare of the Town or adjoining lot owners. They shall have the power and authority to pass any ordinance prohibiting or regulating the same.
The Commissioners of Bethany Beach, shall, in like manner, have the power and authority to collect license fees annually of such various amount or amounts as the Commissioners shall, from time to time, 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 of Delaware to apply for a license in order to sell, in the Town of Bethany Beach, farm produce or any farm products grown on his or her farm.
The Commissioners shall also have the power and authority to levy and collect license fees upon the property of any person, firm, association or corporation carrying on business in the Town and supplying the inhabitants thereof with any form or manner of services for any valuable consideration.
The Commissioners shall have the power to make and establish such other ordinances, regulations, rules and by-laws, not contrary to the laws of this State, or of the United States, as they, the said Commissioners, may deem necessary to carry into effect the powers and duties imposed upon them by this Charter or any other law of this State, and such also, as they may deem necessary and proper for the good government protection or preservation of persons and property, or for the preservation of the public health of the City and its inhabitants.
The Commissioners shall have the power to acquire lands, tenements, property, or any interest therein, by way of condemnation proceedings, for the purposes of providing sites for public buildings, parks, sewer system, sewage treatment plant, water system, water plant, gas or electric system, gas or electric manufacturing or generating plant, and for any other public municipal purpose or purposes. The proceedings by condemnation in any such proper case shall be the same as prescribed hereafter in Section 28 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 28 shall be changed and, modified to cover any case contemplated hereby.
REMOVAL OF OBSTRUCTIONS, NUISANCES, UNSANITARY OR UNSIGHTLY CONDITIONS
Section XXVI. In addition to the power to impose fines and penalties for the maintenance of obstructions, nuisances, unsightly or unsanitary conditions, as these terms should be defined, by the Commissions, if the Commissioners, either upon their own inspection or upon information obtained from the Board of Health, Police force, or citizens of the Town, shall deem that such obstruction, nuisance, unsightly or unsanitary condition should be removed or abated, as the case may be, the Commissioners shall enact an ordinance or adopt a resolution, or both, to that effect, and thereupon shall direct the Secretary to forward to the person or persons continuing or causing such obstruction, nuisance, unsightly or unsanitary conditions, or to the person or persons who are responsible for its existence or continuance, by the mails of the United States, in a sealed wrapper, addressed to his or her last known post office address, a notice to remove or abate the same. If such person or persons refuse or neglect, for the space of five (5) days after such notice is mailed, to remove or abate the same, the Commissioners shall issue a warrant in the name of the Commissioners of Bethany Beach, commanding such person or persons forthwith to remove or abate such obstruction, nuisance, unsightly or unsanitary condition, and shall forthwith proceed to remove or abate the same and, to that end, shall have full power and authority to enter into and upon any lands and premises within the limits of the Town. The Commissioners, or anyone designated by them, shall likewise have the authority to take with them such assistants, implements, machinery or other things as may be necessary and proper to do and perform all matters and things in connection with the removal or abatement of such obstructions, nuisance, unsightly or unsanitary condition. At the next regular or special meeting of the Commissioners, the Commissioners shall specify the costs and expenses of all necessary work, labor and proceedings incurred in the abatement or removal of the same. The Commissioners shall then issue a warrant, containing an itemized account of that information, together with the name and last known address of the person from whom the Commissioners shall determine the amount due and shall deliver such warrant to the Collector of Taxes of said Town. The warrant shall command such Collector of Taxes forthwith to collect the amount stated to be due thereon from the person or persons designated therein. The Collector of Taxes shall forward to such person or persons in a sealed wrapper a true and correct copy of the warrant by depositing the same in the United States mail and addressed to such person or persons last known post office address or serve personally upon said person if he be within the limits of the Town. If such person or persons shall refuse or neglect to pay the same within thirty (30) days from the date of the mailing of such notice and exact copy of the warrant or the service of the same personally upon such person or persons, the Collector of Taxes shall then be authorized and required to collect the same in any of the manners hereinbefore provided in Section 24 of this Charter.
SIDEWALKS, BOARDWALKS, CURBING AND GUTTERS
Section XXVII. In respect to leveling, grading, flagging or re-flagging, curbing or re-curbing, guttering or re-guttering, paving or re-paving, building or re-building, the sidewalks, boardwalks, crosswalks and gutters of the Town, the expense thereof shall be borne by the owner of the property abutting upon the same, and the Commissioners shall have the authority to specify the manner of performance, and the materials to be used therein.
The Commissioners are authorized to notify and direct, in writing, the owner or owners of any house or land in said Town, along, in front of or adjoining which they deem proper that a pavement, sidewalk, or a curb or gutter or both be constructed, to construct said sidewalk, boardwalk or curb or gutter, or both, and the Commissioners shall have the authority to specify the manner of performance and the materials to be used therein. Letters* to one joint owner shall be notice to all. In case the owner shall not reside in the Town at the time, notice to the occupant or tenant shall be deemed to be a sufficient notice. If there be no occupant or tenant residing in the Town at the time, such notice may be sent by mail to the owner, directed to him or her at his or her last known post office address. Should such owner neglect or refuse to comply with said notice for the space of thirty (30) days, the Commissioner shall issue a warrant in the name of the Town, directed to the Collector of Taxes or the Chief of Police, demanding such person forthwith to do their work as specified in the above mentioned notice to the owner or owners. Whereupon the person to whom said warrant shall have been directed shall forthwith proceed to lay such pavement, sidewalks, curbs or gutters, or either or both, as directed in the warrant. To that end he shall have full power and authority to enter in any premises or lands of the Town, and to take with him such assistants, materials, implements, machinery or other things as may be necessary or proper to perform the work specified in the warrant. At the next regular or special meeting of the Commissioners, after the delivery of the warrant, upon return thereon including an itemized statement of all costs incurred in the performance of necessary work and labor attended thereto, the Commissioners shall determine the amount due the Town by reason of the work done, and shall issue a warrant thereon, directed to the Collector of Taxes or Chief of Police, which shall contain the amount to be by him collected, and the person or persons from whom it shall be by him collected and commanding him forthwith to collect the same from the person or persons so specified in the warrant. A true and exact copy of this warrant shall be mailed or served upon the 'person or persons therein specified. If the amount specified as due the Town shall not have been paid to the Town within thirty (30) days from the date of service of such true and exact copy of the warrant, the Collector of Taxes shall then be authorized and required to collect the same in any manner hereinbefore provided in Section XXIV of this Charter.
The provisions of this Section will also apply to the repair or re-paving of any sidewalks, boardwalks, curbs or gutters.
Section XXVIII. The Commissioners of Bethany Beach shall have the power and authority to locate, lay out and open new streets and to widen or abandon the same, or parts thereof, whenever they shall deem it for the best interests of the Town to do so. In such case, the Commissioners shall adopt a suitable resolution, which shall include a general description of the street to be opened, widened or altered or to be vacated or abandoned, as the case may, be, stating the day, hour and place where the Commissioners will sit to hear and determine objections, and to award damages by reason thereof. Copies of such resolution shall be posted in at least five of the most public places in the Town at least five days prior to the day fixed by the Commissioners for the hearing of aforesaid resolution.
At said hearing, the Commissioners shall hear objections to the proposed resolution and/or any damages which might be sustained by any owners of property affected thereby, and shall award just and reasonable compensation to any person or persons who shall be deprived of property by virtue thereof. In determining the damage sustained by any property owner, however, the Commissioners shall also take into consideration the value of any benefit for advantage which said property owner may receive in the performance of the project proposed by said resolution. Anyone making a claim for damages to his property who shall be dissatisfied with the award of the Commissioners, as aforesaid, may within five days thereafter appeal from such award by serving written notice to that effect upon the Secretary or the President, or, in their absence, upon any member of the Commissioners of Bethany Beach. Such appellant shall within ten days after the award by the Commissioners apply to the Resident Judge of the Superior Court of the State of Delaware, in and for Sussex County, or in his absence, to any member of the Superior Court of the State of Delaware, for the appointment of freeholders to hear and determine said appeal. The said Resident Judge, or a member of the Superior Court, as the case may be, shall issue a commission under his hand directed to three impartial freeholders of Sussex County, so commanding them to determine and fix the damages which said appellant shall have sustained by reason of damage sustained to his property as aforesaid. Said freeholders shall take into consideration the benefits of advantages that will ensure to the said appellant in considering any damage which he may have sustained. Said freeholders shall make return of their findings to the Resident Judge or another member of the Superior Court, as the case may be, at a time appointed in the said Commission.
Said freeholders shall serve upon the appellant, personally or by posting a copy thereof on the premises affected, at least five days before the day specified therein, notice of the day, hour and place where they will meet to view the premises and to assess the damages, if any, as aforesaid. A copy of such notice shall be served upon the Secretary or the President of the Commissioners of Bethany Beach at least five days before the day of such meeting.
At said meeting the freeholders shall view the premises and hear the appellant and any witnesses whom he may choose to call and the Commissioners of Bethany Beach and its witnesses, if any, and shall, without delay, determine and fix the damages, if any, which the said appellant shall have sustained. The return of the freeholders shall be final and conclusive. The Resident Judge, or member of the Superior Court, as the case may be, shall have full power to fill any vacancy among the freeholders.
The Commissioners of Bethany Beach shall pay or tender the amount of the damages so ascertained, if any, to the person or persons entitled to them within one month after the same shall have been finally determined, or they may deposit the same to the credit of such person in any bank in Sussex County within the said period of one month and thereupon may carry into effect the plan contemplated in said resolution.
If the damages awarded the appellant shall be increased above the amount fixed by the Commissioners, the cost of said appeal shall be paid by the Commissioners of Bethany Beach.
If said damages shall not be increased, the costs of the appeal shall be paid by the party of appealing. The freeholders shall receive five dollars per day each, which shall be taxed as a part of the costs. After the damages shall have been ascertained by the freeholders as aforesaid, the Commissioners shall have the option of either paying the damages assessed within the period of one month aforesaid and proceeding with said improvement, or they may pay the costs only and abandon the proposed improvement.
For all the purposes of this section the word "Streets" shall be deemed and held to comprehend and include sidewalks, lanes, alleys, roadways or other highways.
JETTIES, BULKHEADS, EMBANKMENTS AND BOARDWALKS
Section XXIX. The Commissioners of Bethany Beach shall have the power and authority to locate, lay-out, construct, widen, extend, improve, repair, vacate or abandon jetties, bulkheads and embankments for the preservation of any beach or strand within the limits of the Town or contiguous thereto, to the end that the same may be preserved and property may be protected, or boardwalks and piers, to the end that the general public may enjoy the use thereof. In the locating, laying-out, constructing, widening, extending, improving, repairing, vacating or abandoning of any such jetties, bulkheads, embankments, boardwalks and piers, the Commissioners shall have full power and authority to use such materials and substances and such methods of construction and shall employ such contractors, engineers, inspectors and others as the Commissioners shall deem expedient and advisable. For the purpose of this Section the Commissioners shall have full power and authority to expend such part or parts of the money of the Town, in the general fund of the Town not otherwise appropriated.
The Commissioners may, by condemnation proceedings, take private lands or the right to use private lands for any of the purposes mentioned in this Section. The proceedings by condemnation under this Section shall be the same as prescribed in Section 28 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 28 shall be changed and modified to cover cases contemplated by this present Section.
Section XXX. The Commissioners of Bethany Beach shall have full jurisdiction and control, within the limits of the Town, of the drainage of all water thereof, together with the right to alter and change the course and direction of any of the natural water courses, runs and rivulets within the limits of the Town and may pass ordinances for the opening of gutters, surface water and underground drains and sewers within the limits of the Town. The Commissioners of Bethany Beach shall also have full power to regulate, maintain, clean and keep the natural water courses, runs and rivulets within the Town limits open and clean and unobstructed and for that purpose may authorize the entry upon private lands and take, condemn and occupy the same in the same manner and by the same condemnation proceedings as hereinbefore provided by Section 28 of this Charter, which is concerned with the opening and laying out of any streets. By like proceedings the Commissioners of Bethany Beach shall also have the power and authority to enter upon private lands and take, condemn and occupy the same for the purpose of laying-down gutters, surface water and underground water drains or sewers, or any of them, within the Town limits. Provided, however, that the resolutions referred to in Section 28 of this Charter shall be changed and modified to cover those cases contemplated by this particular Section of the Charter.
RIGHT OF CONDEMNATION
Section XXXI. The Commissioners of Bethany Beach shall have the power to acquire lands, tenements, property or interest therein, by condemnation for the purpose of providing sites for public buildings, parks, sewers, sewerage disposal and/or for any other municipal purpose, 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 lands for streets and highways, with the necessary changes as to detail.
POWER TO ERECT ELECTRIC, GAS, POWER AND WATER PLANTS AND TO BORROW MONEY AND ISSUE BONDS OR OTHER CERTIFICATES OF INDEBTEDNESS THEREFOR
Section XXXII. The Commissioners of Bethany Beach shall have full power and authority to erect, construct, equip, maintain and operate a plant or plants for the generation and manufacture of electricity, gas, or a water system for the inhabitants of the Town and shall have full power and authority to construct, erect, maintain, improve, extend, equip and operate the same and such lines, pipes, mains and other conveyances therefor as may be necessary, in the judgment of said Commissioners.
The Commissioners of Bethany Beach shall also have the power to make contracts for the purchase of heat, light, sewer service, water, electric current and gas with any responsible person, firm or corporation and to distribute the same to users within or without the said Town with the same full powers as if such light, power, water, electric current or gas had been generated or manufactured by the Town as herein especially provided for in this Charter.
For any of the purposes above named, the Commissioners may borrow money and issue bonds or other certificates of indebtedness to secure the payment thereof on the faith and credit of the Town of Bethany Beach, provided, however, that the borrowing of the money therefor shall have been duly authorized by the Commissioners of Bethany Beach and shall have been approved by the electors in the manner and at the time following:
1. The Commissioners of Bethany Beach shall pass a suitable resolution voicing its approval of borrowing a stated amount of money for one of the specific purposes above named, the manner in which it proposes to secure the same and all other pertinent facts relating thereto and shall fix a time and place for the hearing on said resolution.
2. Notice of the time and place of a hearing on said resolution shall be posted in at least five public places in the Town at least one week before the time set for said hearing.
0. A second resolution shall then be passed by the Commissioners, ordering a special election to be held, not less than thirty (30) days and not more than sixty (60) days thereafter, at which election the electors shall approve or disapprove the purpose of said first resolution.
1. Notice of said election shall be posted in at least five public places in the Town two weeks prior to the election. The said special election shall be conducted by a Board of Electors as hei ein provided in the case of an annual election.
2. The Commissioners shall cause to be prepared, printed and have available for distribution a suitable number of ballots not less than five (5) days prior to the day of the special election.
3. At a special election every person eligible to vote at an annual Town election shall have one vote for every dollar and fractional part of dollar of tax assessed to him or her respectively and every owner of property, whether individual, partnership or corporation, shall have one vote for every dollar or part of dollar of tax payable by said owner and the said vote may be cast either in person or by proxy.
4. The Board of Elections shall count the votes for and against said proposed loan, and shall announce the results 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 Commissioners, which said certificate shall be entered on the minutes of the Commissioners and the original shall be filed with the papers of the Commissioners.
The form of bond, or other 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 Commissioners. The said bonds or other certificate of indebtedness shall be offered for sale to the best and most responsible bidders therefor after suitable advertisement, as the Commissioners shall determine. The Commissioners shall provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bonds or other certificates of indebtedness at the maturity or maturities thereof, and a sinking fund therefore The faith and credit of the Town of Bethany Beach shall be deemed to be pledged for the due payment of the bonds or other certificates of indebtedness and interest thereon. Such bonds or other certificates of indebtedness, when issued under the provisions hereof, when the same shall have been properly executed and delivered for value, shall be good and valid and incontestable for any reason whatsoever.
Section XXXIII. A. The Commissioners, with respect to the exercise of any of its powers or authority which it now has or which it may hereafter have, by virtue of this Charter, or otherwise, is vested with authority on behalf of the Town to enter into contracts with any person, partnership, or corporation, provided, no contract shall be made by the Commissioners for any purpose the contract price of which is in excess of the sum of Five Hundred Dollars ($500.00), without public competitive bidding; and,
B. Contracts shall be awarded to the lowest responsible bidder, but Council may reject any and/or all bids for any cause deemed by it to be for the best interests of the Town; and,
C. All formal contracts shall be signed by the President with the seal of the Town attached, attested by the Secretary.
D. The Commissioners are specifically authorized and empowered to enter into any contracts, agreements and engagements whatsoever relative to any electric, gas, water or sewer system, fire or other facilities of the Town.
AMOUNT OF TAX TO BE LEVIED
Section XXXIV. The Commissioners, after the assessment shall have been revised and completed, shall determine the amount necessary to be raised in said Town during the year for the purpose of improvement and current expenses only and for such purpose they are hereby authorized and empowered to levy and collect a tax, not exceeding in any one year Eight Thousand Dollars ($8,000.00) on the assessed valuation on all the real estate within the limits of the Town, in furtherance, and not in limitation of any existing Act and employing the Commissioners to raise money by taxation for specific purposes.
REVIVAL OF POWERS IN VALIDATING SECTIONS
Section XXXV. This Act shall operate to amend, revise and consolidate "An Act to Incorporate the Town of Bethany Beach and giving it authority to issue bonds", being Chapter 212, Volume 25, Laws of Delaware, 1909, and the various amendments thereto. All powers conferred upon or vested in the Town of Bethany Beach, or the Commissioners of Bethany Beach by any Act or law of the State of Delaware not in conflict of the provisions of this Charter shall not be repealed, but are hereby expressly reserved and conferred upon and vested in the Town of Bethany Beach and/or The Commissioners of Bethany Beach precisely as if each of said powers was expressly repeated in this Charter.
All ordinances adopted by The Commissioners of Bethany Beach and in force at the time of the approval of this Charter and all the Acts and doings of the Commissioners of Bethany Beach, or of any official of the Town of Bethany Beach which shall have been lawfully done or performed under the provisions of any law of this State or of any ordinance of the Commissioners of Bethany Beach prior to the approval of this Charter are hereby ratified and confirmed, unless otherwise provided herein; 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 enforcement thereof shall continue in full force and effect until the same shall have been fully paid and discharged; all powers and remedies now conferred by law upon the 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 breach 'of any of the conditions of said respective bond; 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 valid laws heretofore passed relating to or concerning said Town or authorizing the borrowing of money and 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.
Section XXXVI. This Act shall not become operative until the same has been submitted to a referendum vote of all those persons qualified to vote at town elections in the Town of Bethany Beach. Such referendum vote shall be held at the time of holding the regular Town election in August, 1947, and shall be conducted in the same manner as other Town elections are conducted in said Town and the qualifications of, voters and the number of votes which each may cast in such referendum shall be the same as is provided in paragraph 4 of Section 1. of this Act.
Approved May 1, 1947.