AN ACT CHANGING THE NAME OF THE "TOWN OF NEWARK" TO THE "CITY OF NEWARK" AND ESTABLISHING A CHARTER THEREFOR.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each House concurring therein):
Section 1. INCORPORATION:--The municipal corporation of the State of Delaware, now known as "The Council of Newark," shall hereafter be known as the "City of Newark" and the inhabitants thereof within the corporate limits as defined in Section 2 of this Act or subsequently altered by annexation procedures shall, under the name of the "City of Newark," continue to be a municipal body politic and corporate in perpetuity.
Section 2. BOUNDARIES:--The Boundaries of the City of Newark are hereby established and declared to be as follows:
Beginning at the intersection of the northerly side of White Clay Creek and the center line of Capital Trail (Delaware Route 2); thence due south, 2,115 feet more or less to the center line of the Baltimore and Ohio Railroad; thence westerly along the said center line of the Baltimore and Ohio Railroad 1,200 feet more or less to the westerly line of property now or formerly of Frank Stafford; thence due south, 225 feet more or less to the center line of the Newark-Ogletown Road (Delaware Route 273); thence westerly along the said center line of the Newark-Ogletown Road, 2,960 feet more or less to the point of intersection of the said center line of the Newark-Ogletown Road and the easterly line of property, extended, of Etta J. Wilson; thence S 1 degree-53 minutes W, 2,275 feet more or less to the northerly line of property now or formerly of the Manor Real Estate and Trust Co.; thence easterly along the said northerly line of property now or formerly of the Manor Real Estate and Trust Co., 2,025 feet more or less to the point of intersection of said northerly line of property now or formerly of the Manor Real Estate and Trust Co. and the center line of Marrow's Road; thence southeasterly along the said center line of Marrow's Road, 1,010 feet more or less to the point of intersection of the said center line of Marrow's Road and the Pennsylvania Railroad main line southerly right-of-way line and the northerly line of property now or formerly of W. C. Carter; thence S 68 degrees-30 minutes W along the said southerly right-of-way line of the Pennsylvania Railroad, 2,681 feet more or less to the westerly line of property now or formerly of W. C. Carter; thence S 37 degrees-50 minutes E along the said westerly line of property now or formerly of W. C. Carter, 949 feet more or less to the southerly line of property now or formerly of W. C. Carter; thence N 78 degrees-35 minutes E along the said southerly line of property now or formerly of W. C. Carter, 1,280 feet more or less; thence S 22 degrees-15 minutes W, crossing S. Chapel Street, extended, 4,930 feet more or less to the point of intersection of the center line of the Delaware City Branch of the Pennsylvania Railroad and the northerly side of the Chestnut Hill-Ogletown Road; thence westerly along the said northerly side of the said Chestnut Hill-Ogletown Road, crossing the Newark-Glasgow Road (Delaware Route 896), 5,422 feet more or less to the southwesterly side of the Christiana Creek; thence northwesterly by the various courses of the said southwesterly side of said Christiana Creek, crossing the Pennsylvania Railroad main line, to the point of intersection of said southwesterly side of said Christiana Creek and the center line of the Newark-Elkton Road (Delaware Route 2); thence northeasterly along the center line of the said Newark-Elkton Road, 878 feet more or less to the point of intersection of the northeasterly line of property now or formerly of A. Hallier Johnson and the said center line of the said center line of the said Newark-Elkton Road; thence N 42 degrees-55 minutes W, 1,380 feet more or less to the point of intersection of the center line of Casho Mill Road and the northeasterly line of property now or formerly of Edward Wilson; thence N 39 degrees-05 minutes E, 1,500 feet more or less to the center line of the Baltimore and Ohio Railroad; thence southwesterly along the said center line of the Baltimore and Ohio Railroad, 1,300 feet more or less to the point of intersection of the said center line of the Baltimore and Ohio Railroad and the easterly side of Casho Mill Road; thence northerly along the said easterly side of Casho Mill Road, 5,340 feet more or less to the point of intersection of the said easterly side of Casho Mill Road and the center line of Nottingham Road; thence N 42 degrees-10 minutes E, 3,850 feet more or less to the easterly side of New London Road (Delaware Route 896); thence 376 degrees-05 minutes E, 4,240 feet more or less to the southerly line of property now or formerly of Herman Cook; thence easterly along the said southerly line of property now or formerly of Herman Cook, 250 feet more or less to the center line of Paper Mill Road (Delaware Route 72); thence northerly along the said center line of Paper Mill Road, 600 feet more or less to the point of intersection of the said center line of Paper Mill Road and the northerly line of property now or formerly of Samuel Stradley; thence S 63 degrees-35 minutes E, 1,080 feet more or less to the point of intersection of the said northerly line of property now or formerly of Samuel Stradley and the westerly line of property now or formerly of Oliver J. Koelig; thence southwesterly along the said westerly line of property now or formerly of Oliver J. Koelig, 2,410 feet more or less to the point of intersection of said westerly line of property now or formerly of Oliver J. Koelig and the northerly side of said White Clay Creek; and thence by said northerly side of White Clay Creek in an easterly direction by the various courses and distances thereof, 8,260 feet more or less to the point and place of beginning.
The Council of the City of Newark may, at any time hereafter, cause a survey and plot to be made of the said City and the said plot, when made and approved by the Council, shall be recorded in the office of the Recorder of Deeds in and for New Castle County, State of Delaware, and the same, or the record thereof, or a duly certified copy of said record, shall be evidence in all Courts of Law and Equity in this State.
Section 3. ANNEXATION:--If and when a majority of the property owners in territory contiguous to the City of Newark shall sign a petition seeking to have the area in which said property owners reside annexed to the City of Newark and submit the petition together with a survey of the area proposed for annexation to the Council of the City of Newark, the said Council shall submit the question of annexation to the voters of the City of Newark.
Section 4. DISTRICTS:--The City of Newark shall be divided into three or more districts, as follows:
The Western district of said City shall consist of all that part of said City lying and being west of the center of North and South College Avenues, extended to the Northern and Southern boundaries respectively of said City.
The Middle district shall consist of all that part of said City lying and being between the Eastern boundary of said Western district and the center of Choate Street extended to the Northern and Southern boundaries respectively of said City.
The Eastern district of said City shall consist of all that part of said City lying and being East of said Eastern boundary of said Middle district.
Boundaries of districts within the City of Newark may be altered from time to time by the Council of the City of Newark. If changed the districts shall be three or more in number, contiguous and compact and approximately equal in population.
Section 5. STRUCTURE OF GOVERNMENT:--The Government of the City and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in a Mayor and City Council.
Section 6. POWERS AND CONSTITUTION:--All the powers of the City of Newark shall be vested in an elected Mayor and the City Council. The Mayor shall be elected at large and shall be ex-officio a member and presiding officer of the Council. The City Council shall be composed of two Councilmen elected from each District, provided that at all times at least one Councilman from each District shall be a freeholder of the City of Newark, or the husband or wife of a freeholder of the City of Newark.
At the regular municipal election to be held on the second Tuesday in April, 1952, one Councilman shall be chosen from each of the Districts in the City of Newark to succeed to the positions of the Councilmen whose terms expire in April, 1952, and a Mayor shall also be elected. The terms of the Mayor and Councilmen shall be two years, or until their successors have been elected and qualified, provided, however, that whenever the Council shall increase the number of Districts pursuant to the power contained in Section 4 hereof, then at the next regular municipal election after such increase one of the Councilmen elected from said new District or Districts shall be elected for a term of one year and the other Councilman elected from said new District or Districts shall be elected for a term of two years.
The President of Council and the Councilmen in office on the effective date of this Charter shall hold office until the expiration of their terms, and shall from the effective date of this Charter be known and designated respectively as the Mayor and the City Council of the City of Newark.
Section 7. POWERS OF THE CITY:--The City of Newark shall have all the powers granted to municipal corporations and to cities by the Constitution and general laws of the State of Delaware, together with all the implied powers necessary to carry into execution all the powers granted. The City of Newark shall continue to enjoy all powers which have been granted to it by special acts of the General Assembly of the State of Delaware, except insofar as they may be repealed by the enactment of this Charter. The City of Newark, as a body politic and corporate, shall succeed to, own or possess all property whether real, personal, or mixed, and all the rights, privileges, franchises, powers and immunities now belonging to, possessed by, or enjoyed by the former corporation known as "The Council of Newark."
The City of Newark may have and use a corporate seal, may sue and be sued, may acquire property within or without its corporate limits by purchase, gift, devise, lease or condemnation, for the purpose of providing sites for public buildings, parks, sewer system, sewage treatment plant, water system, water plant, gas or electric system, or other municipal purposes, but not for a gas or electric manufacturing or generating plant, and may sell, lease, mortgage, hold, manage and control such property or utility as its interest may require; and except as prohibited by the Constitution of the State of Delaware or restricted by this Charter, the City of Newark shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name ana nature whatsoever.
The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that the City of Newark shall have and may exercise all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter specifically to enumerate. All powers of the City, whether expressed or implied, shall be exercised in the manner prescribed by this Charter, or, if not prescribed herein, then in a manner provided by ordinance or resolution of the Council.
Section 8. QUALIFICATIONS--MAYOR AND COUNCIL: --Any qualified voter of the City of Newark, who has not been convicted of a crime involving moral turpitude and who has resided in the City of Newark for at least two years next preceding his election shall be eligible for the offices of Mayor or Councilman; provided, any person elected to Council must at the time of his election reside in the district from which elected. In addition to the foregoing qualifications, the Mayor and at least one Councilman from each district shall be a freeholder of the City of Newark or the husband or wife of a freeholder of the City of Newark.
Residence in any area annexed to the City of Newark by virtue of the adoption of this Charter or pursuant to Section 3, shall constitute, for the purposes of this Section, residence in the City of Newark. *
Loss of residence in the City or in the District from which elected, or loss of the freeholder qualification when required, or conviction for a crime, as above, during the term for which elected shall create a vacancy. In case of vacancy for any cause, either in Mayor or a member of Council, the Council shall have power to fill such vacancy until the next regular municipal election at which time the vacancy shall be filled by election for the unexpired term, if any.
Section 9. COMPENSATION:--The Mayor shall receive an annual salary of Five Hundred Dollars ($500.00) and each Councilman shall receive an annual salary of Two Hundred Fifty Dollars ($250.00), or proportionate amounts for periods less than one year. The Mayor and the Councilmen shall receive reimbursement for actual and necessary expenses incurred in traveling when on official business.
Section 10. MEETINGS OF COUNCIL:--The Council of the City of Newark shall hold an organization meeting in the evening of the first Tuesday following the regular municipal election and shall meet regularly at least once a month thereafter. Special meetings may be called by the Mayor or by written request of any three members of the Council. All meetings except organization meetings shall be open to attendance by the public.
Section 11. MAYOR'S RELATIONSHIP TO COUNCIL:--The Mayor shall be the executive of the City. He shall preside at meetings of the Council, and shall have vote therein. He shall execute on behalf of the City, when authorized by Council, all agreements, contracts, bonds, deeds, leases, and other documents necessary to be executed. He shall appoint all committees. He shall countersign all orders, checks or warrants authorized by Council and drawn on the Treasurer for payment of money; and shall have all and every power conferred and perform all duties imposed upon him by this Charter and the ordinances of the City.
In case of the temporary absence or inability to act of the Mayor, the City Council shall appoint a President pro tempore from the members of the City Council to act during such temporary absence or inability of the Mayor.
Section 12. POWERS OF COUNCIL:--The Mayor and the City Council shall constitute the legislative body of the City of Newark and together shall be designated as the Council.
The Council shall have power to adopt ordinances relating to the health of the population of the City, or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the City, which power shall extend to the area outside the City limits and within one mile from said limits. The Council may also pass ordinances to ascertain and fix boundaries of streets, squares, lanes and alleys; or repair and amend the same, and provide for the paving thereof, or to alter, extend, or widen any street, square, lane, or alley, or open and lay out new ones subject to the provisions in that behalf hereinafter contained; to regulate the ascent and descent of all streets, lanes and alleys; to fix the building lines upon the same; to direct the paving of footways and to prescribe the width thereof; to direct the laying out of gutters and to prescribe the depth thereof; to prescribe the extent of steps, porches, cellar doors, and other inlets to yards and buildings; to provide police and the lighting of streets at the expense of the City, and generally to prescribe and regulate the use of the streets, lanes and alleys of the City and to have and exercise control over the same; subject to the provisions in that behalf hereinafter contained, and to the general supervision and control of the general assembly, to provide for the regulations of auctions and auctioneers, also to regulate public amusements, to fix and declare and regulate the width of party walls, to provide for the safety of the citizens and for that purpose may prescribe the heights, thickness of walls and materials of buildings and the mode of erecting the same within said City; and for providing for and securing the safety of the inmates thereof, and make provisions for the enforcement of 'such regulations; to regulate by ordinance or otherwise the sale of goods, wares and merchandise on the streets and sidewalks within the City of Newark, and fix the license fee thereof and the penalty for not paying said fee or the breach of any other provision of such ordinance or regulation in all other respects regulate the markets within the said City of Newark. Provided, that no licensee fee shall be charged the producer who vends meats, fruits, vegetables or other farm products; to provide against the adulteration of milk and cream sold or sought to be sold in the said City, and to provide for the proper inspection of the same; and in its discretion to provide for the payment of the expenses thereof; to provide for the measuring or weighing of coal, lime, grain, or other matter sold in the said City; to regulate the storage of gunpowder or any other dangerous matter. They shall have power to lay and collect fines on the owners of any horse, cow, dog, or other animal which may be found at large in any of the streets, squares, lanes or alleys aforesaid, and in general shall have power to do all those matters and things for the well-being of the said City, which shall not be in contravention of any existing laws of this State or the Constitution thereof. The Council shall not have power to exempt any individual from the operation of any general ordinance or municipal regulations. The Council shall have power to require all persons owning or keeping any male or female dog or dogs within the limits of the said City to have the same registered annually and collect a fee from such keeper, owner or owners for such registration, and shall have power to fix the time and manner of registering, the amount of the annual fee thereof, and the penalty for not registering by ordinance.
The Council shall have all other powers requisite to and appropriate for the government of the City of Newark, its peace and order, its sanitation and beauty, and for the health, safety, convenience, comfort and well-being of its population, and for the protection and preservation of public and private property.
Section 13. JUDGE OF QUALIFICATIONS OF MEM- BERS:--The Council shall be the judge of the election and the qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the Council shall be subject to review by the Courts.
Section 14. RULES OF PROCEDURE; RECORD:--The Council shall determine its own rules of procedure and order of business. It shall keep a record of its proceedings and the record shall be open to public inspection. Elections for officers shall be by a majority vote of the members elected to Council and the results shall be entered on the record of the Council.
Section 15. QUORUM AND MAJORITY REQUIREMENT: --A majority of the members elected to the Council shall constitute a quorum to do business but a smaller 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. No ordinance shall be valid unless it shall have the affirmative vote of a majority of the members elected to the Council. Resolutions, orders and motions shall be valid upon the affirmative vote of a majority of the members of the Council present. No member shall be excused from voting on ordinances, resolutions, orders or motions.
Section 16. ORDINANCES:--In addition to such acts of the Council as are required by this Charter or by other. State Law to be by ordinance, every act of the Council establishing a fine or other penalty shall be by ordinance. The enacting clause of all ordinances shall be "The Council of the City of Newark hereby ordains."
Section 17. PROCEDURE FOR ENACTING ORDINANCES:--Every ordinance shall be introduced in writing. No ordinance shall be passed unless it shall have the concurrence of a majority of the members elected to the Council and unless it shall have had at least one reading at a previous stated meeting. After passage on first reading notice shall be published in at least one paper of general circulation in the City of Newark, at least ten (10) days prior to the established hearing date, stating the time and place where said ordinance will be given public hearing and be considered for final passage. At the time of the stated meeting and public hearing, the proposed ordinance shall be read in full or abstract and considered for passage. After the public hearing and consideration, the Council may finally pass the proposed ordinance. Amendments of existing ordinances making substantive changes and ordinances enacted to repeal existing ordinances are subject to the same procedural requirements as herein prescribed for the enactment of a new ordinance. Vote on any ordinance shall be taken by yeas and nays, and shall be entered upon the record of Council.
Section 18. ORGANIZATION CHANGES BY COUNCIL: --The enumeration of certain officials in this Charter to be appointed by the Council is not to be construed as a limitation on the power of the Council to create such new positions or offices as may be deemed essential to accomplish the objectives of the City's government, and to provide for the selection of suitable persons to fill any positions or offices.
Section 19. THE SECRETARY:--The Secretary shall record all the proceedings of the Council and keep a correct record of the same in a book to be provided for the purpose and shall file and keep in a safe place the Seal of the City and all papers and documents relative to the affairs of the City; and deliver the same to his successor in office. The Secretary shall attest the Seal of the City when authorized by Council and shall perform such duties and have such other powers as may be prescribed by Council. All records, books, papers, and documents in the custody of the Secretary shall be always open for the inspection of the Council and the public under such regulations as Council may prescribe. The Secretary may be a member of the Council. He shall be elected by ballot at the annual organization meeting for a period of one year or until his successor is duly elected and qualified.
Section 20. THE SOLICITOR:--At the annual organization meeting the Council shall elect by ballot a City Solicitor for a term of one year or until his successor shall have been duly elected and qualified. The City Solicitor shall be a member of the Bar of the State of Delaware. It shall be his duty to give legal advice to the Council and other officers of the City, and to perform other legal services as may be required of him by the Council.
Section 21. THE ALDERMAN:--At the annual organization meeting or as soon thereafter as practicable, the Council shall elect by ballot some suitable person to be Alderman of the City of Newark to serve as such for the term of one year, or until his successor shall be duly elected; subject, however, to be removed from office at any time by a vote of two-thirds of all the members comprising the Council. He may or may not be a Justice of the Peace but he shall not be a member of the Council. Before entering upon the duties of his office he shall be sworn or affirmed by the Mayor or by any one of the Councilmen, or by any Justice of the Peace, to perform the duties honestly, faithfully, and diligently. He shall have jurisdiction and cognizance of all breaches of the peace and other offenses in the said City so far as to arrest and hold for bail, or fine and imprison offenders, and he shall also have jurisdiction and cognizance of forfeitures, and penalties which may be prescribed by any law of this State, or by any ordinance of the City Council regularly passed and established for the government of the City. Provided, that in the case of a violation of an ordinance, 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 30 days in default of the payment of a fine imposed by him. He shall keep a book to be called "Alderman's Docket," in which shall be entered at large all his official acts. His fees for any service under this section shall be established by ordinance. If any vacancy shall occur in the office of the Alderman by death, resignation, removal from office, or otherwise, such vacancy may be filled by Council at any meeting thereafter for the residue of the term. If any Alderman shall be removed from his office by the Council as herein provided, he shall deliver to his successor in office within two days after the election of his successor, all books and papers belonging to his office, and shall pay over to the Treasurer of the City all moneys in his hand belonging to the said City within five days after his removal; upon his neglect or failure to deliver to his successor in office, within the time aforesaid, all the books and papers belonging to his office, or upon neglect or failure to pay over to the Treasurer of the City, within the time aforesaid, all moneys belonging to the City, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars.
The Alderman at every stated meeting of the Council shall report to it all fines and penalties imposed by him since their last meeting, and pay to the Treasurer of the City all such fines and penalties received by him during the said time, and in default of making such report or paying such fines and penalties for a period of twenty days after such report should be made and such fines and penalties should be paid as aforesaid, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than Twenty Dollars nor more than One Hundred Dollars.
Section 22. THE TREASURER:--At the annual organization meeting the Council shall elect by ballot a Treasurer for a term of one year, or until his successor shall have been duly elected and qualified. He shall be custodian of all funds of the City of Newark and shall deposit them, daily, in banking institutions located in the City as designated by the Council.
He shall not pay out any money except upon check or warrant countersigned by the Mayor and authorized by the Council, shall keep a true, accurate and detailed account of all monies received and of all monies paid out by him; shall preserve all vouchers for monies paid by him; and his books and accounts shall at all times be open to inspection by the Mayor or the members of City Council; and he shall make such reports and at such times as the Council may direct. He may be a member of the Council.
Section 23. THE ASSESSOR:--The Assessor shall be elected by ballot, at the regular meeting in June, for a period of one year or until his successor has been duly elected and qualified. His duties shall be as hereinafter provided.
Section 24. POLICE:--It shall be the duty of the Council to appoint a Police Force consisting of a Chief and such number of subordinates as the Council may deem wise; and the Council shall from time to time make rules and regulations as may be necessary for the organization, government and control of the Police Force. The members of the Force shall be subject to the directions of the Council, and may be removed by the Council, subject to the provisions of Section 26. They shall preserve peace and order, and shall compel obedience, within the City limits, to the ordinances of the City and the laws of the State; and they shall have such other duties as the Council shall from time to time prescribe.
Each member of the Police Force shall be vested, within the City limits and within three miles outside of said limit with all the powers and authority of a Constable of New Castle County, and may carry firearms, and in case of pursuit of an offender, their power and authority shall extend to any part of the State of Delaware. The Chief of Police, the Mayor, or the Council may appoint special members of the Police Force with the same powers and duties as regular members of the Police Force.
Section 25. BOARD OF HEALTH:--At the annual organization meeting the Council shall appoint a Board of Health consisting of four members, one of whom shall be a practicing physician in the City of Newark. The Board shall serve for one year; shall have cognizance of the interests of life and health of the people of the City and of the people residing within one mile of the boundaries of the City; shall report to the Council monthly in writing whatever is deemed by the Board to be injurious to the health of the people of the City, and shall also make recommendations to Council of whatever may contribute to useful sanitary information. The Board shall also have all powers and duties enumerated by the Laws of the State of Delaware for local Boards of Health.
Section 26. COMPENSATION OF OFFICERS AND EMPLOYEES:--The Council shall have power to fix the compensation of all officers elected by ballot at the annual organization meeting, and such other officers, employees and agents of the City, which by it may be deemed proper and necessary for the proper conduct and management of the City. Any officer or employee may be removed by the Council for sufficient cause; however, after five years' service removal may not be made without a public hearing.
Section 27. BONDING OF CITY OFFICIALS AND EMPLOYEES: --The Mayor, the City Treasurer, and such other officers and employees of the City of Newark as the Council may require shall give bonds for the faithful performance of their duties in such amounts and with such surety as may be approved by the Council. The premiums on such bonds shall be paid by the City of Newark.
Section 28. OATH OF OFFICE: --Every member of the Council, the City Treasurer, the heads of all city departments, and such other officials or employees as Council may by ordinance require, shall, before entering upon the duties of their office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the Secretary:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of according to the best of my ability."
The Mayor, Members of Council, Alderman, and Secretary of the Council shall have the power to administer oaths required by this Charter.
Section 29. PLANNING COMMISSION:----The Council of the City of Newark shall appoint a Planning Commission to consist of six members. Three of the members shall be appointed for one year and three for a two year term, thereafter all appointments shall be for a period of two years. The Planning Commission shall serve without compensation other than necessary expenses. The powers, duties and scope of activities of the Planning Commission shall be determined by ordinance. The Commission shall make an annual report and shall include in such report recommendations as may seem desirable to it for the welfare of the City. Public notice shall be given of the meeting when this annual report is to be made to Council.
Section 30. FISCAL YEAR:--The fiscal year of the City of Newark shall begin on the first day of March of each year and shall end on the last day of February. Such fiscal year shall also constitute the budget and accounting year.
Section 31. BUDGET:--Annually each year, and not later than the first Tuesday in February, the Council shall cause to be submitted a budget containing the financial plan for conducting the affairs of the City for the ensuing fiscal year.
The budget shall contain the following information:
1. A detailed estimate of the expense of conducting each department and office of the City for the ensuing fiscal year.
2. The value of supplies and materials on hand, together with the nature and kind of any machinery or other implements and the condition thereof.
3. The amount of the debt of the City, together with a schedule of maturities of bond issues.
4. A statement of the amount required for interest on the bonded debt, the amount necessary to pay any bond maturing during the year, the amount required for the sinking fund.
5. An estimate of the amount of money to be received from taxes, and all other anticipated income of the City from any source or sources.
6. Council shall allow adequate reserve for depreciation.
The budget shall be used as a guide in determining City expenditures but shall not be a limitation upon the power of the Council to appropriate funds in excess of the amounts set forth in the budget, if in its discretion it seems advisable to do so.
Section 32. INDEPENDENT ANNUAL AUDIT:--Each year in the month of February the Council shall designate a certified public accountant or firm of certified public accountants, who as of the end of the fiscal year, shall make an independent audit of accounts and other evidence of fiscal transaction of the City government and shall submit their report to the Council. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. They shall not maintain any accounts of the City business, but shall, within specifications approved by the Council, audit the books and documents of the Treasurer or other appropriate officer and any separate or subordinate accounts kept by any other office, department, or an agency of the City government. When received, the report of the auditors shall become part of the minutes of the Council.
Section 33. FINANCIAL STATEMENT:--Each year in the month of March the Council shall make out a statement setting forth the whole amount of the existing debt of the City of Newark in an itemized form, the rate and amount of interest paid and when payable, the purpose for which each loan was created, the date of the loan under which each bond was issued, the amount issued and the amount outstanding at the time of publication, also the whole receipts of the treasury for the same year, the source from which derived and the amount received from each source, and the total payments made during the year on account of the several appropriations and expenses; the statement shall be open for public inspection, and not less than 500 copies shall be published in pamphlet form for free distribution among the residents of the City of Newark.
Section 34. POWER TO RAISE REVENUE:--The Council shall have the power to levy and collect taxes on real property within the limits of the City, except that which is not assessable and taxable by virtue of any law of the State of Delaware, which shall not be more than $100,000 in any one year clear of all delinquencies and expenses of collection. The Council shall have the right to grant or refuse, and to charge fees for licenses, or permits for traveling shows, and other businesses of any description within the limits of the City, to control their use of any property within the City. The Council shall also have the power to levy and collect franchise fees and to impose sewer rentals on sanitary sewers.
All manufacturing plants employing ten or more employees hereafter established within the City of Newark or brought within the boundaries of the City of Newark by virtue of the adoption of this Charter, or by virtue of any future extension of said boundaries shall be exempt from City taxation for a term of ten years from the time said plants are established or brought within the boundaries of the City of Newark.
The Council shall have the power by ordinance to allow discounts for early payment of taxes, to impose reasonable penalties and forfeitures for tax delinquencies, and to review and determine proper and appropriate properties to be exempt from taxation.
The Council shall have the power to fix the rates for general utility services operated by the City and to collect and utilize revenues from such utility services for the benefit of the City.
Section 35. THE CITY MAY ENGAGE IN BUSINESS:--The City of Newark shall have the right to engage in any business or enterprise in which a person, firm or corporation might engage by virtue of a franchise, except the generation of electric light and power; and shall have the right and power to acquire, own and maintain, within or without the corporate limits of such City, all real estate for municipal purposes for sites and rights-of-ways for public utility and general welfare purposes and for the location, erection and maintenance thereon of municipal utility plants and public facilities.
In any case where the Council may deem it to be to the best interests of the people of the City of Newark to acquire the properties of any privately owned utility within the present or future boundaries of the City, the question shall be submitted to a vote of the freeholders of the City of Newark. The Council may at any time call a special election for such purposes upon thirty (30) days' notice. In acquiring said utility property, the City of Newark shall respect the franchise rights of the owners and shall in all respects adhere to the general laws of the State of Delaware insofar as they relate to the purchase of utility properties by municipalities. The City Council shall be authorized to negotiate the aforementioned purchase only upon the approval of a majority of the freeholders of the City of Newark. Provided, however, that in the event Council shall deem it advantageous to acquire the poles, wires, guys, cables and other appurtenances to the electric power lines in the area annexed to the City of Newark by virtue of the adoption of this Charter, the Council may acquire such lines from the owner or owners thereof without submitting the question to a vote of the freeholders of the City of Newark; and provided further that nothing in this section contained shall authorize the acquisition by the City of Newark of any through electric transmission lines.
Section 36. POWER TO BORROW MONEY:--The City of Newark may incur indebtedness by issuing either general obligation bonds or certificates of indebtedness secured by the full faith and credit of the City of Newark or revenue bonds, either in whole or in part of the total amount necessary to provide funds for the erection, extension, enlargement or repair of any plant, machinery, appliances or equipment for the supply and distribution, but not for the manufacture or generation, of electricity or gas for light, heat or power purposes; for the furnishing of water to the public; for the construction, repair or improvement of highways, streets or lanes, or the paving, curbing, or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost of the share of the City of Newark in the cost of any permanent municipal improvement. If general obligation bonds are issued, the total outstanding debt secured by such bonds shall not exceed $800,000 at any one time.
If revenue bonds are issued, each such bond shall recite in substance that said bond, including interest thereon, is payable from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the City of Newark within the meaning of the bonded indebtedness limitation; provided, however, that in the event of some emergency, the City of Newark may temporarily borrow, advance or loan such amount as is necessary to meet current interest on outstanding bonds, such advance or loan to be repaid to the City of Newark out of revenue subsequently received from the undertaking. If revenue bonds are issued, the Council shall prescribe and collect reasonable rates, fees or charges for the service, facilities and accommodations of said undertaking and shall revise such rates, fees or charges from time to time whenever necessary so that such undertaking shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will procure revenue at least sufficient (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such undertaking, including reserves therefor.
Before the City of Newark may incur indebtedness by the issuance of bonds as aforesaid, the borrowing of money shall have been authorized by the Council and shall have been approved in the following manner:
1. The Council shall by resolution propose to the freeholders of the City of Newark the purpose or purposes for which the stated amount of money shall be borrowed. The resolution shall state the amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the loan, including data on total related debt and the debt limitations established by this Charter; shall fix a time and place for hearing on the resolution; and shall provide for publication of an announcement of the hearing in a newspaper of general circulation in the City at least one week prior to the hearing date.
2. A public hearing shall be held at which time all persons of interest wishing to be heard shall be given an opportunity to express their views. Their testimony shall be considered in evidence by the Council.
3. If Council desires to continue with the bond proceedings, it shall then, by resolution, direct that the question be submitted to a referendum. An election shall be held not less than 30 days nor more than 60 days after the date of such resolution.
4. The notice of the time and place for holding the said special election shall be printed in a newspaper of general circulation in the City once a week for 3 successive weeks prior to the election. The special election shall be conducted by the Election Board as herein provided for annual elections.
5. The Council shall cause the Election Board to prepare, print and have available for distribution a sufficient number of ballots not less than five days prior to the day of the special election. At said referendum all freeholders of the City of Newark shall be entitled to one vote. Each corporation owning property in the City of Newark shall be entitled to one vote under this section.
6. The Election Board shall count the votes for and against the proposed loan and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed loan; and shall deliver the same to the Council, which certificates shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council. Provided, however, no bond issue shall be deemed approved unless a majority of those voting at such referendum shall vote for such bond issue.
7. The form of the bonds and certificates of indebtedness, the date of payment of interest, the classes, the dates of maturity, and the provisions pertaining to the registration shall be determined by the Council. The bonds shall be sold to the highest bidder after at least one month's notice published at least twice in a newspaper of general circulation in the City and at least once in a publication carrying municipal bond notices and devoted primarily to financial news. The Council shall provide, in its budget, for revenues sufficient to pay the interest and principal on the said bonds or certificates of indebtedness at the maturity or maturities therefor. The faith and credit of the City of Newark shall be deemed pledged for the due payment of the principal and interest of general obligation bonds issued within the prescribed debt limitation when the same have been properly executed and delivered for value.
Section 37. BORROWING, FOR CURRENT EXPENSES: --Whenever the needs of the City shall require more money than is, at the time, in the City Treasury from current receipts, the Council shall be authorized and empowered to anticipate current revenue by borrowing such amounts as are needed. Provided, however, the amount of such indebtedness shall not at any time exceed the sum of $100,000.00.
To exercise the power aforesaid the Council shall adopt a resolution to that effect, which resolution shall require the affirmative vote of at least two-thirds of all the members of the Council and the approval of the Mayor. The indebtedness created under this provision shall be evidenced by notes of the City, and the faith and credit of the City shall be deemed to be pledged thereby. Such short-term debt shall not be considered as part of the bonded debt of the City when limitations under indebtedness, as set forth elsewhere in this Charter, are computed.
Section 38. VOTING QUALIFICATIONS:--Every person domiciled in the City of Newark who shall have reached the age necessary to vote in the State of Delaware election, who is a citizen of the United States, and who has been domiciled in the State of Delaware for at least one year and in the City of Newark for at least 3 months next preceding the day of the election and whose name is recorded in the registration book of the City of Newark shall be entitled to vote at the annual municipal elections and special elections and referenda except as otherwise provided in this Charter. Domicile in any area annexed to the City of Newark by virtue of the adoption of this Charter or pursuant to Section 3 shall constitute, for the purposes of this Section, domicile in the City of Newark.
The Council shall by ordinance provide for the registration of voters and may prescribe separate registration and voting places in each of the respective districts, provided there be at least three registration days per year, the last one not more than thirty (30) days prior to any election or referendum. The hours of registration shall be the same as herein provided for voting at any election or referendum. The ordinance may provide for permanent registration lists.
Section 39. NOMINATIONS:--All nominations for Mayor and City Council shall be by petition, and there shall be no party designation on any such petitions or beside the name of any candidate for office. Each nominating petition shall bear the names of ten qualified voters in the City of Newark and petitions for candidates for City Council shall each contain the signatures of ten qualified voters residing in the district from which the candidate seeks election. The nominating petition for each candidate must be filed with the Secretary at least 10 days before the municipal election is held and checked by him forthwith.
Section 40. ABSENTEE VOTING:--The Council may prescribe by ordinance absentee ballots for persons who may be absent from the City during the time of an annual municipal election, special election or referendum or who because of sickness or because of physical disability cannot appear at the polling place on the day of the holding of an annual municipal election, special election or referendum.
Section 41. ANNUAL ELECTIONS:--A regular municipal election shall be held on the second Tuesday in April 1952 and on the second Tuesday of April in each year thereafter. All other municipal elections that may be held shall be known as special municipal elections. In each election, the polls shall be opened at 7:30 a.m. and shall be closed at 7:00 p.m. The Council shall designate the place or places of election and make all necessary rules and regulations, not inconsistent with this Charter or with the General Laws of the State of Delaware, for the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud.
Section 42. BALLOTS:--The ballots provided for purpose of the municipal election shall bear no party designation and shall contain a list of all candidates in alphabetical order under the offices to which they seek election. Official ballots shall not be used as sample ballots but shall be used only at the election. The Election Board shall not supply any ballots to any person except one ballot to each voter, proper to his district, as he enters the polls to vote. In the event of spoilage of a ballot, the spoiled ballot must be returned by the voter to entitle him to a new ballot. No ballot other than those supplied by the Election Board shall be used at the municipal election and the ballots shall contain only the names of candidates duly nominated by petition as hereinbefore described. Council may by ordinance provide for the use of voting machines in municipal elections.
Section 43. ELECTION OFFICERS:--All elections shall be held by an Election Board consisting of three or more citizens, not Councilmen, appointed by the Mayor with the approval of City Council. The Election Board may appoint official representative subordinates in each of the districts to supervise election administration. Should the members of the Election Board or their representatives be absent from any designated place of election at 7:30 a.m. of the day of the election, or fail or neglect to act in the conduct of such election, during all the time the polls are open, the voters present shall choose such number of persons as shall be necessary to fill the places vacant due to absence of the proper officials.
When the polls shall have been closed, the election officers shall publicly count the ballots and shall certify the result of the election to each of the persons elected and to the Council.
Section 44. CONTRACTS:--All contracts of whatever character involving an expenditure above an amount determined by resolution of the Council shall be written and shall be let and made by the Council and shall be based on specifications provided by the appropriate person designated by the Council.
Pending advertisement for bids, any plans, specifications, and profiles to be used in the proposed work or contract shall remain on file in the office of the Council and shall be subject to the inspection of any interested person. All contracts and purchases above an amount determined by resolution of the Council shall be entered into and made only after advertising not less than two times in a newspaper of general circulation in the City, inviting competitive bids. Each such bid shall be sealed and filed with the person designated by the Council. All bids shall be opened in the presence of the Council or a duly authorized committee of the Council and shall remain on file.
The Council shall consider all bids which have been properly filed and may enter into a contract with the party offering the lowest and/or best bid, or they may reject all bids and re-advertise for bids, or they may have the work done under the supervision of the proper department of the City. The awarding of a contract to the successful bidder shall give no right of action or claim against the City upon such bid or contract until the same shall be reduced to writing and duly signed by the contracting parties. The Council shall have the power to require all bidders to post bonds to secure the performance of the contract and all claims for labor and material used in the work. The Council may reject any supplies as well as any other public work and buy supplies on the open market at a price less than the lowest bid received, or, if no bids are received, the Council may direct the purchase of supplies in the open market.
Section 45. FEES:--All fees and moneys received by any officer or employee shall belong to the City of Newark and shall be paid weekly to the office of the Treasurer unless herein or otherwise provided.
Section 46. ASSESSMENT PROCEDURE:--The Assessor shall annually make a true, just and impartial valuation and assessment of all real estate within the City except such real estate as is exempt from municipal assessment and taxation by virtue of any law of the State of Delaware and also of such personal property as is subject to County assessment and taxation; provided, however, that in no event shall household furnishings, bank accounts, stocks, bonds, or automobiles be assessed or taxed. He shall prepare and submit to the Council on or before May 1 two or more copies of the assessment showing the location of each parcel of real and personal property, by street and number or other suitable description. When Council approves the roll as prepared or as modified by Council it shall cause a full and complete transcript thereof to be posted in said City on or before the 2nd Monday in May at that place designated by the Council; the said transcript to remain posted up to but not including the appeal day. Notice shall be advertised in a newspaper of general circulation in the City of Newark at least once and notice shall be given by posting such announcement in at least ten public places throughout the City. Such notice shall show the time and place where the assessment list may be viewed and the time and place of hearing appeals.
On the fourth Monday of May, the Council shall hold a court of appeals, which shall continue open from one o'clock p.m. to eight o'clock p.m. during which time the Council shall hear and determine appeals from the said assessment and shall make such corrections or additions as may be deemed necessary and proper. If the said appeal day shall fall on a holiday, the appeals shall be heard on the next day. The decision of a majority of the Council sitting on appeals shall be final and conclusive in respect to all appeals.
No member of Council shall sit on his own appeal, but the same shall be heard and determined by the other members of Council. After the said valuation and assessment shall be examined and adjusted by the Council all property taxes shall be levied on real and personal property thus assessed in just and equal proportions.
Section 47. COLLECTION OF TAXES AND SPECIAL ASSESSMENTS:--As soon as practicable after the beginning of the new fiscal year, the Council shall deliver to the Treasurer a list containing the names of the taxables and opposite the name of each the amount of his real and personal property assessment, the rate of taxation per hundred dollars of assessed valuation and the total amount of the tax. The list shall be certified by the Secretary of Council. All taxes shall be paid to the Treasurer, subject to such discounts and penalties and rules as Council may direct.
It shall be the duty of the Treasurer to proceed forthwith to collect all taxes in the calendar year in which assessed and in the collection of said taxes he shall have all the powers conferred upon or vested in the Receiver of Taxes and the County Treasurer for New Castle County.
The provisions of Article VI, Chapter 79 of the Revised Code for the State of Delaware of 1935, as amended, with reference to tax liens, shall be deemed and held to apply to all taxes laid and imposed under the provisions of this Charter, except that the lien for taxes imposed by the Council shall continue for a period of ten years from date such lien commences.
In addition to all existing methods and authority for the collection of taxes or special assessments due to the City of Newark, the following methods and authority are hereby established:
The City of Newark may file, or cause to be filed, a Praecipe in the office of the Prothonotary of the Superior Court in and for New Castle County, which Praecipe shall contain the name of the person against whom the taxes or assessments sought to be collected were assessed, and a copy of the bills showing the amount of taxes or assessments due and the property against which the assessment was laid; and the statement of the lot number or numbers of the particular section in which said property is located or the street number or numbers shall be sufficient identification and description of the said property. The Prothonotary shall make a record of same on the judgment records of said Superior Court against the property mentioned or described in said Praecipe. Thereafter upon a Praecipe for Monition filed in the office of said Prothonotary by the City of Newark through any person authorized on its behalf to collect taxes or assessments due to the City of Newark, a Monition shall be issued by the Prothonotary aforesaid to the Sheriff of New Castle County, which Monition shall briefly state the amount of the judgment for the taxes or assessments due and the years thereof, together with a brief description of the property upon which said taxes or assessments are a lien; and a description of such property by street and number or by lot number or numbers of the particular section in which said property is located shall be a sufficient description. Said Monition shall be in substantially the following form:
To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the taxes or assessments stated herein is paid within twenty days after the date hereof, or within such period of twenty days evidence of the payment of taxes herein claimed shall be filed in the office of the Prothonotary, which evidence shall be in the form of a receipted bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the Prothonotary for New Castle County, the City of Newark may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the taxes or assessments herein stated:
Name of Person in whose Description Year or Amount of
name property is assessed of property Years Judgment
Said Monition, or copy thereof, shall be posted by the Sheriff upon some prominent place or part of the property against which said judgment for the taxes or assessments is a lien. The Sheriff shall make due and proper return of his proceedings under said Monition to said Prothonotary within ten days after the posting of said copy of Monition as aforesaid. Alias or Pluries Monition may issue upon like Praecipe. The posting of said Monition shall constitute notice to the owner or owners and all persons having any interest in said property.
At any time after the expiration of twenty days following the return of the Sheriff upon such Monition, unless before the expiration of said twenty days the said judgment and costs on said judgment shall be paid or evidence of the payment of such taxes evidenced by a receipted tax bill or a duplicate thereof bearing date therefor prior to the filing of said lien for record in the office of the Prothonotary as aforesaid, upon Praecipe filed by the City of Newark, through its attorney, or any other person authorized on its behalf to collect taxes or assessments due to the City of Newark, a writ of Venditioni Exponas shall issue out of the office of the said Prothonotary directed to the Sheriff commanding the Sheriff to sell the property mentioned or described in said writ and make due return of his proceedings thereunder in the same manner as is now applicable with respect to similar writs of Venditioni Exponas issued out of the said Superior Court.
Said writ shall be substantially in the following form:
New Castle County
The State of Delaware
TO THE SHERIFF OF NEW CASTLE COUNTY
WHEREAS, by a Monition issued out of the Superior Court dated at Wilmington, the _____ day of _____ A.D.19_____, IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein mentioned and described, and make a return to the said Superior Court within ten days after said posting. That on the day of A D 19____, you returned that a copy of the said Monition was posted on the real estate therein mentioned and described on the ____ day of ______ A.D. 19___
We therefore now command you to expose to public sale real estate mentioned and described in said Monition as follows:
And that you should cause to be made as well a certain debt of ____ Dollars ($____) lawful money of the United States, which to the said City of Newark, a municipal corporation of the State of Delaware, is due and owing, as also the sum of ______ Dollars ($____) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said was convicted as it appears of record and against which said property it is a lien;
And have you that money before the Judges of our Superior Court at Wilmington, on Monday the _____ day of ______, next, to render to the said City of Newark, a municipal corporation as aforesaid, for its debt and costs as aforesaid, and this writ;
WITNESSETH, the Honorable _______ at Wilmington the ______ day of ____AD _______19____
Upon the return of the proceedings under said writ of Venditioni Exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.
Any real estate or interest therein sold under the provisions hereof shall vest in the purchaser all the right, title and interest of the person in whose name said property was assessed, and/or all right, title and interest of the person or persons who are the owner or owners thereof, and likewise freed and discharged from any dower or curtesy or statutory right, in the nature of a dower or curtesy, whether absolute or inchoate, in or to said real estate, and from all equity of redemption and liens and encumbrances held by persons and corporation against said property.
The owner of any such real estate sold under the provisions of this Act or his legal representatives may redeem the same at any time within one year from the day the sale thereof is approved by the Court, by paying to the purchaser or his legal representatives, successors or assigns, the amount of the purchase price and fifteen per cent in addition thereto, together with all costs incurred in the cause; or if the purchaser or his legal representatives, successors or assigns shall refuse to receive the same, or do not reside or cannot be found within the City of Newark, by paying said amount into said Court for the use of said purchaser, his legal representatives or assigns.
In the event that the owner of said property or his legal representatives shall fail to redeem said property as herein provided, the purchaser of said property or his legal representatives, successors or assigns may present a Petition to the Superior Court setting forth the appropriate facts in conformity with this Act and pray that the said Superior Court make an order directing the Sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to said property to the Petitioner; and thereupon the said Superior Court shall have power, after a hearing upon said Petition, to issue an order directing the Sheriff to execute, acknowledge and deliver a deed as prayed for in said Petition, and a description of said property by street number or by lot number or numbers of the particular section in which said property is located, together with a description of said property by metes and bounds.
If the owner of any real estate sold under an order of sale or his legal representative shall redeem said real estate, he may prefer to said Superior Court a petition setting forth that fact and thereupon the said Superior Court, after hearing and determining the facts set forth in said petition, shall have power to cause to be entered upon the record of the Judgment, under which said real estate was sold, a memorandum that the real estate described in the proceeding upon which said Judgment was entered has been redeemed and thereafter the said owner shall hold such redeemed real estate subject to the same liens, and the same order of priority as they existed at the time of the sale thereof, excepting so far as the said liens have been discharged or reduced by the application of the proceeds by the said Sheriff from the said sale.
No Monition proceedings shall be brought under this Act unless the tax or assessment sought to be collected hereunder shall at the time of the filing of said Petition in the Office of the Prothonotary be and constitute a lien upon the property against which the tax or assessment was assessed or laid. All taxes for City purposes which may hereafter be lawfully assessed on real estate in the City of Newark shall constitute a prior lien thereon for a period of ten years from the first day of July succeeding the assessment of said taxes, but if the said real estate remains the property of the person to whom it is assessed, then the lien shall continue until the tax is collected, and may, with all incidental costs and expenses, to be levied by sale thereof as hereinbefore provided. The said tax lien and costs and reasonable counsel fees for the collection thereof shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility which the real estate may be charged with or liable to. The City of Newark shall have the authority to authorize any person or persons to make a bid or bids at the sale of any real estate under the provisions of this Act and in the event that such person or persons is the highest and best bidder or bidders therefor the title thereto shall be taken in the name of the City of Newark, a municipal corporation of the State of Delaware. The City of Newark, by resolution duly adopted, is authorized and empowered to sell and convey any real estate purchased under the provisions of this Act.
Whenever the Superior Court is mentioned in this Statute, the same shall be held to embrace the Judges or any Judge thereof, and any act required or authorized to be done under this Act may be done by the said Superior Court or any Judge thereof in vacation thereof, as well as in term time.
The fees and costs to be fixed in all Monition proceedings under this Act, where not otherwise provided for, shall be as follows:
The following fees shall be charged by the Prothonotary:
Issuing Monition and copy
Issuing Alias or Pluries Monition and copy
Writ of Venditioni Exponas
Filing any Petition in Superior Court under this Act
Cost of paying money into Superior Court
Cost of paying money out of Superior Court for each check drawn 1.00
The following fees shall be charged by the Sheriff:
Posting Monition $.75
Posting each Alias or Pluries Monition or copy thereof .75
All other charges not covered by this Act shall be the same as are now provided by law.
Section 48. ACQUISITION OF PROPERTY:--The City of Newark is hereby authorized and empowered, whenever it shall deem it necessary or expedient for any municipal purpose, to obtain or acquire property either within the boundaries of said City or outside said boundaries and to acquire title to such property by agreements with the owner or owners thereof. If the City of Newark fails to reach an agreement with the owner or owners of such property, it shall have the power to take such property by condemnation proceedings in the same way and under the same rules and procedures as hereinafter provided in case of streets; provided, however, that the right of condemnation shall not extend to property owned by the State of Delaware or any agency thereof.
Title to condemned property shall pass to the City either in fee simple or in such lesser estate as shall have been condemned as of the date when the City pays to the owner or owners thereof or deposits in a bank as hereinafter provided, the amount of the condemnation award plus interest, as finally determined by a Court of competent jurisdiction or by the expiration of a required period within which further administrative or judicial proceedings may be instituted.
Section 49. LEVYING OF SPECIAL ASSESSMENTS:--The City of Newark is hereby authorized and empowered to levy and collect special assessments upon property in a limited and determinable area for special benefits accruing to such property as a consequence of any municipal public work or improvement; and to provide for the payment of all or any part of the cost of the work, service, or improvement out of the proceeds of such special assessments.
Section 50. DEFINITION OF OWNER:--The term owner (or owners) shall be deemed to mean the person (or persons) who owned the property in question at the time of the enactment of the assessment ordinance, and any change in ownership thereafter shall not be deemed to affect any of the steps or proceedings described in this article.
Section 51. POWER OF CITY OF NEWARK OVER STREETS:--The several posts and mark stones now set and fixed on which may hereafter be established in the middle of the streets of said City of Newark, as well as all such other posts and mark stones as shall from time to time be set and fixed in the earth by the City of Newark shall in all cases and in all courts of law within the State be deemed, taken and allowed as land marks. The said City of Newark by itself or by its servants or agents shall have the right to enter upon any land within the limits of the City and thereon set and fix such posts and mark stones as in the judgment of the Council is necessary; and if any person shall willfully tamper with or remove any of said post or mark stones such person shall, for each such offense, forfeit and pay a fine of one hundred dollars; and the City of Newark may reward the informer of such offense by allowing him a portion of said penalty not exceeding a one-half thereof.
The Council shall have the power and authority to lay out, locate and open new streets and to widen or to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best interests of the City; provided, however, that this power shall not be exercised with respect to property owned by the State of Delaware or any agency thereof without the approval of the State or State Agency. The procedure shall be as follows:
The Council shall, by a majority vote, adopt a resolution for the opening of a new street, or the widening or altering of a street, or the vacating or abandoning of a street, or any part thereof, as the case may be, the resolution giving a general description of the street to be opened, widened, altered, vacated or abandoned. The resolution shall also state the day, hour and place where and when the Council will sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of property. A copy of such resolution shall be posted in five (5) or more public places in the City at least five (5) days before the day fixed for the hearing aforesaid and shall be published in a newspaper of general circulation in the City of Newark at least five (5) days before said day. A copy of such resolution shall be sent to all persons who would be deprived of property in consequence thereof, and to all person or persons having or claiming any interest or lien therein, at least five (5) days before the day fixed for the hearing, by personal service or by registered mail addressed to their last known post office address. At the time and place fixed in said resolution, said Council shall hear such residents of the City, or owners of the property affected, as may attend, and shall at said meeting or at a subsequent day as they shall deem proper, adopt a resolution by a majority vote to proceed with or to abandon, as they shall deem for the best interests of the City, the opening of a new street or the widening, altering, vacating or abandoning of an existing street, or part thereof, as the case may be, as contemplated in their prior resolution. In case the determination of the Council shall be to proceed with the plan contemplated by said first resolution, they shall also award just and reasonable compensation to any who will be deprived of property in consequence thereof.
Such compensation as may be awarded shall be paid by the Treasurer of the City on a warrant drawn on him by the authority of the Council. Any land owner, or person having or claiming any interest or lien therein, who may be dissatisfied with the compensation awarded by the Council, may, within five (5) days after notice of the award of the Council, appeal therefrom by serving written notice to that effect on the Mayor. In order to prosecute said appeal, such appellant shall within five (5) days after the expiration of the five (5) days allowed for the appeal apply to the Resident Judge of the Superior Court of the State, in New Castle County, for the appointment of the freeholders to hear and determine the matter of compensation to such appellant, and thereupon the said Judge shall issue a commission under his hand, directed to five (5) impartial freeholders of the County, two of whom shall be residents in the City of Newark, commanding them to determine and fix the damages which the appellant will sustain by reason of being deprived of any property as aforesaid, taking into consideration the benefit or advantages which will inure to the appellant, and to make return of their findings to the said Judge at the time therein appointed. The freeholders shall give notice of the day, hour and place when and where they will meet to view the premises and to affix the damages, if any, as aforesaid. Such notice shall be served upon the appellant personally, or sent by registered mail to his last known address, and if not served personally by posting a copy on the premises affected at least fifteen (15) days before the day when the freeholders are to view the premises, and a copy of such notice should also be served on the Mayor at least fifteen (15) days before the day of such meeting. The freeholders named in such commission, being first sworn or affirmed on the day and at the hour and place stated in the notice shall view the premises and hear the witnesses, and shall without delay, determine and fix the damages, if any, which said appellant will sustain by reason of being deprived of any property as aforesaid. Thereupon the said freeholders shall make return in writing of their proceedings to the said Resident Judge, who shall cause a copy of said return to be delivered to the Mayor, and such return shall be final and conclusive. The said Judge shall have the power to fill any vacancies among the freeholders. On application within twenty (20) days after the award the said Judge may set aside a grossly improper award and appoint a new Commission. The amount of damages being ascertained, the City may pay or tender the same to the person entitled thereto within one (1) month after the same shall be finally ascertained, or may deposit the same in any Bank in the City to the credit of the person entitled thereto, within the said period of one (1) month, and thereupon the City may carry into effect the plan contemplated in the resolution aforesaid. The return of freeholders shall be filed in the Office of the Prothonotary of New Castle County.
In the ascertainment and assessment of damages by the freeholders, if the damages shall be increased, the costs of the appeal shall be paid by the Treasurer of the City of Newark, but if said damages shall not be increased, the said costs shall be paid by the appellant. The fees to the freeholders shall be Five Dollars ($5.00) per day to each, which shall be taxed as a part of the costs.
Section 52. SEWER AND WATER MAIN IMPROVEMENTS:--The Council shall have the entire jurisdiction and control within the limits of said City of the drainage thereof, and the right to alter and change the course and direction of any of the natural water courses, runs or rivulets within the limits of said City, and may pass ordinances for the construction of water mains and the opening of gutters, drains and sewers within the limits thereof. And the regulating and maintaining, cleansing and keeping the same and the natural water courses, runs and rivulets within the said limits open, clean, and unobstructed; and for that purpose may authorize the entry upon private lands and take, condemn and occupy the same in the same way and under the same rules and procedure as hereinbefore provided in case of streets, etc., and by general regulations prescribe the mode in which they shall be altered, changed, opened, maintained, cleansed, and kept open and unobstructed, and shall bear the expenses thereof and may in its discretion assess the costs of sanitary sewers upon the property particularly benefited thereby, except such real estate as is exempt from municipal assessment and taxation by virtue of any law of the State of Delaware, and prescribe the mode of collection thereof; PROVIDED, that nothing herein contained shall be construed to authorize the taking of private property for public use without just compensation.
Whenever the Council of the City of Newark shall determine, either on petition by a majority in numbers or in interest of the property holders abutting a proposed sanitary sewer construction, improvement, alteration, or repair or on its own initiative, that such construction, improvement, alteration, or repair of sanitary sewers is required, it shall order the City Engineer to proceed in accordance with law to undertake work and surveys necessai-y to make a report estimating cost and apportioning assessments. The Council shall then proceed as hereinbefore described for street improvements. The Council may perform such construction, improvement, alteration, or repair by contract or municipal agency. Provided, that assessment for the construction, improvement, alteration, repair and operation of sanitary sewers may be made upon the property abutting upon that portion of the street in which any sanitary sewer may be constructed under the provisions of this Charter, and shall be based upon the lineal feet of such property abutting on such street, each such lineal foot being assessed alike. In the case of property situated at the corner of two such streets or otherwise so situated as to be assessed for the cost of building a sanitary sewer in one of such streets, only the front of such property shall be liable for such assessments. The Council on individual appeals according to rules established by them, shall in all cases decide what portion of the corner property shall be considered frontage and what portion side frontage. Provided that in all corner properties the side frontage shall not exceed one hundred and twenty-five (125) feet and side frontage thus determined shall be exempt from the payment of any sanitary sewer assessment, unless the owner thereof should, after the side frontage is fixed as aforesaid, decide to make such side frontage the front of said property, in which case the owner shall pay such additional assessment as the Council may determine. No property shall be assessed for the cost of constructing the sanitary sewer and connecting the same with the disposal plant, unless such property shall abut and be bounded by that portion of the street in which a sanitary sewer has been built, or unless such property has the right of access to such street or desires to use such sanitary sewer and the sanitary sewer is constructed upon the street upon which the property abuts, in either of which cases such property shall be liable for the same assessment as though a sanitary sewer was constructed in the portion of the street on which such property abuts, and the property shall not be liable for any further assessment for sanitary sewer purposes. Where any such assessments shall be made upon any land for the cost of constructing a sanitary sewer and connecting it with the disposal plant, the Council shall have the right to compel the owner to connect any building or structure erected as may be prescribed by the Council from time to time. The word street shall be deemed and held to comprehend and include highways, lanes and alleys.
Section 53. SIDEWALKS AND GUTTERS:--Whenever the City of Newark shall have determined that any paving, graveling or guttering of the sidewalks or any or either or all of them, shall be done it shall notify the owner or owners of land in front of whose premises the same is to be done, particularly designating the nature and character thereof, and thereupon it shall be the duty of said owner or owners, to cause such paving, graveling or guttering to be done in conformity with said notice. In the event of any owner neglecting to comply with said notice for the space of thirty days, the Council may proceed to have the same done, and when done the Treasurer of the City of Newark shall as soon as convenient thereafter present to the said owner or owners of such lands, a bill showing the expense of paving, graveling or guttering. If such owner or owners be not resident in the City of Newark, such bill may be presented to the occupier or tenant of said land or if there be no occupier or tenant resident in the City of Newark, such bill may be sent by mail to such owner or owners, directed to him or them at the post office nearest his or their residence. If such bill be not paid by the owner or owners of such lands within thirty days after the presentation, then it shall be the duty of the Council to issue an order in the name of "City of Newark" under the hand of the Mayor, and the seal of the said corporation, directed to the Treasurer of the City of Newark, commanding him to proceed to collect said delinquent assessment as levied in accordance with the authority granted under Section 47 "Collection of Taxes and Special Assessments" of this Act. The claim for paving, graveling or guttering shall be a lien on the premises in front of which the said work was done, and shall have the same priority and be collectible in the same manner as municipal property taxes. If any new paving is ordered by the Council as aforesaid, in front of lot or lots held or owned by a widow or widows as and for her or their dower, such expense incurred as aforesaid shall be paid by the owner or owners of the reversion in fee simple. All subsequent repairs named in this Act are to be kept up at the expense of such tenant in dower. Any notice required by this section to one co-owner, shall be notice to all; and in case no owner shall reside in the City, notice may be served upon the occupier or tenant of said premises resident in the City, and if there be no such occupier or tenant, it shall be sufficient to send said notice by mail to any owner of said premises, directed to him or her at the post office nearest his or her residence. The provisions hereinbefore contained in this section, shall apply to any order made by the Council in respect to any such paving, graveling, or guttering heretofore done, which the Council may deem insufficient or to need repairing. The Council in addition to the provisions of this section hereinbefore shall have power and authority to enforce by ordinance, all the requirements of this section by. imposing such fines and penalties as shall be in the judgment of the Council necessary and proper.
The paving, curbing and guttering outside of said curbing shall be done by the Council at the expense of the City, except in case of property exempt from taxation, in which case the owner or owners of said exempt property shall pay for the paving, curbing and guttering outside of said curbing, and in case said owners refuse so to pave, curb and gutter, the Council may proceed to have the same done and collect the expense thereof in the same manner and by the same proceedings as are herein-before provided, in case of paving, graveling and guttering sidewalks, footways, etc., where the owners of property refuse to pave, gravel and gutter sidewalks and footways in front of their property.
Section 54. PROCEEDINGS MAY BE ABANDONED:-- The Council may by resolution, abandon in whole or in part at any time during the pendency thereof or within sixty days after the final order of any court upon appeal from an award or assessment. When proceedings are abandoned by resolution of the Council, as provided by this Section, the Council may not begin new proceedings involving the same work, service, improvement, or action within six months after abandonment. If prior to the resolution of abandonment, possession of condemned property has been taken, the owner shall have a right of action to recover damages for the use and occupation with interest thereon from the date when possession was taken.
Section 55. ASSESSMENTS PAYABLE IN INSTALLMENTS:--The Council may provide for the payment of special assessments, for whatever purpose levied, by installments, but assessments for permanent improvements shall be within ten years in annual or more frequent installments, and assessments for current services shall be payable within one year.
Section 56. ASSESSMENTS NOT TO EXCEED VALUE OF BENEFIT:--The amount assessed against any property for any work or improvement shall not exceed the value of the benefits accruing to the property therefrom.
Section 57. NEW DEVELOPMENTS AND SUBDIVIVISIONS:--Whenever it is contemplated that a new real estate development shall be undertaken, the Council shall require the developer to submit plans and supporting documents to the Council or Planning Commission for approval prior to the actual construction and/or installation of improvements and utilities.
Whenever the installation of new facilities is contemplated in a partially developed area, the Council shall make a careful determination of the ability of the area to support the cost of the projected improvement before approving it.
Section 58. RETIREMENT PLAN:--The Council may provide, by ordinance, a Retirement Plan for any or all groups of employees in the service of the City of Newark.
Section 59. SEVERABILITY OF CHARTER PROWSIONS:--If any provision of this Charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Charter which can be given effect without the invalid provisions or applications, and to this end the provisions of this Charter are declared to be severable.
Section 60. FORMER GOVERNMENT IN FORCE:--All ordinances, resolutions, orders, rules, or regulations in force in the City of Newark at the time this Charter takes effect, regardless of the authority under which originally enacted, shall continue in full force and effect until the Council otherwise provides by ordinance, notwithstanding any change in organization effected by this Charter.
Section 61. CONTINUANCE IN OFFICE:--All persons holding any non-elective office or employment under the Town of Newark at the time this Charter goes into effect shall continue in such office or employment and shall draw the same rate of compensation as during the month preceding the adoption of this Charter until removed or until the compensation is changed.
The President of The Council of Newark shall continue as the Mayor of the City and the Councilmen of the Town shall continue as City Councilmen until their successors are elected and qualify as previously provided for in this Charter.
Section 62. APPOINTMENT AND REMOVAL OF A CITY MANAGER:--The Council may by ordinance provide for and establish a City Manager. It may state his qualifications and duties and shall fix his salary. The City Manager shall be responsible to the Council and may be removed by the Council upon a vote of two-thirds of the members thereof. The duties of other officers may be eliminated and combined with the duties of the City Manager if the ordinance so provides. Neither the Mayor nor any member of City Council may be appointed City Manager during his term of office or within one year thereafter, except in the event of a national emergency.
Section 63. EFFECTIVE DATE:--This Charter of the City of Newark or any section or provision thereof shall not take effect or be deemed to have changed or altered in any respect whatever any existing law or laws of the State of Delaware until it shall have been accepted by the electors residing within the metes and bounds of the City of Newark, as described in Section 2 hereof.
The Council of The Council of Newark shall be and it is hereby authorized and empowered to call and provide for a special election, whenever it shall deem it expedient so to do, provided that such special election shall not be held within thirty (30) days after the approval of this Act by the Governor.
This election shall be held by an Election Board consisting of three citizens, not Councilmen, appointed by the President of Council and approved by Council. Every citizen residing within the limits of the City of Newark as described in Section 2 who was eligible to vote at the regular municipal election in April, 1951, shall be entitled to vote at such special election. In addition, a special registration day shall be designated by the Council of The Council of Newark not less than ten (10) days prior to the date of the special election at which every citizen residing within the limits of the City of Newark, as described in Section 2, who is not on the voting list may register to vote at the special election, provided such citizen has resided within the State of Delaware for one year and the City of Newark as described in Section 2 for a period of at least three (3) months prior to the date designated for such special election. Notice of said special registration day shall be posted in five of the public places within the corporate limits of The Council of Newark and in five of the public places outside the corporate limits of The Council of Newark but within the boundaries of the City of Newark as described in Section 2 at least one week before said special registration day. Notice of said special registration day shall also be published in the Newark Post at least one week before said special registration day. The polls for such special registration day and such special election shall be open between the hours of 7:30 a.m. and 7 p.m.
Such special election shall be called for the purpose of voting for the acceptance or the rejection of this Charter as adopted and approved by the General Assembly of the State of Delaware. Notice of said special election shall be posted and published at least one week before said special election in the same manner as the notice of the special registration day provided for above. The Council of Newark shall provide ballots, at least as many in number as the number of qualified electors entitled to vote at such special election. The ballots shall be in such form as the Council of Newark shall deem fit and proper. If the majority of the votes cast by the electors within the corporate limits of The Council of Newark and a majority of the votes cast by the electors outside the corporate limits of The Council of Newark but within the boundaries of the City of Newark as described in Section 2 shall be in favor of the acceptance of this Charter, the Election Board shall declare this Charter to be in full force and effect; if less than a majority of the votes cast either within or without the corporate limits of The Council of Newark shall be in favor of the acceptance of this Charter, the Election Board shall certify that the Charter is rejected.
The expenses of holding said special election as set forth in this section shall be borne by The Council of Newark.
Approved June 2, 1951.