CHAPTER 52

TOWN OF CLAYTON

AN ACT TO AMEND CHAPTER 138, VOLUME 41, LAWS OF DELAWARE, 1937, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF CLAYTON, RELATING TO TERMS AND VACANCIES OF MEMBERS OF TOWN COUNCIL, DUTIES AND POWERS OF ALDERMEN, RETIREMENT FUNDS FOR TOWN POLICE AND SEWER AND WATER SYSTEMS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each House concurring therein):

Section 1. Chapter 138, Volume 41, Laws of Delaware, is amended by striking out the first paragraph of Section 2 and inserting in lieu thereof a new first paragraph of Section 2 which shall be as follows:

Section 2. The governing body of the Town of Clayton shall be a Town Council composed of five (5) members whose terms shall be as hereinafter set forth and who shall serve until their successors shall be duly elected and qualified and each of whom at the time of his nomination and election shall be a resident of the said Town, above the age of twenty-one years and the owner of real estate within said Town, provided however that any married man, otherwise qualified, whose wife is the owner of real estate within said Town, any married woman, otherwise qualified, whose husband is the owner of real estate within said Town, may be nominated and elected a member of Council although such person may not be the owner of real estate within said Town, and real estate in said Town owned jointly by husband and wife shall make both husband and wife eligible, if otherwise qualified. No person shall be eligible for nomination or election who shall not have paid, prior to the filing of his nomination, all Town taxes theretofore assessed to him, and also all water and sewer rents theretofore due from him.

Section 2. Further amend Chapter 138, Volume 41, Laws of Delaware, by inserting a new paragraph to follow Paragraph 1 of Section 2 as follows:

Members of Council shall be nominated and elected as follows: At the annual Town election to be held on the first Saturday in May in the year 1957, there shall be elected five (5) members of Council, two (2) of said members whose terms shall be for one (1) year, and three (3) of said members whose terms shall be for two (2) years; and at the annual Town election on the first Saturday in May, 1958, there shall be elected two (2) members of Council whose terms shall be for two (2) years to succeed the two members whose present terms will then expire. And each year thereafter there shall be elected sufficient members of Council to succeed the members whose present terms will then expire.

Section 3. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking the seventh paragraph of Section 2 and inserting a new seventh paragraph in lieu thereof as follows:

If any vacancy should occur in the membership of the said Council, by death, resignation, removal from town, refusal to serve, or otherwise, the remaining members of Council shall have the power to fill such vacancy for the unexpired term of the member of Council who has ceased to be a member thereof. Such vacancy should be filled within thirty (30) days from the occurrence of the vacancy if practicable.

Section 4. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking out the last paragraph of section 2 thereof.

Section 5. Further amend Chapter 138, Volume 41, Laws of Delaware, by adding a new section thereto which shall be Section 36 of said Chapter and Volume.

Section 36. The Town Council shall have power to enact ordinances to establish a pension or retirement fund for the police of the Town of Clayton, and to set aside a special fund for that purpose which shall be administered in accordance with ordinances made and provided in that behalf and the laws of the State of Delaware.

Section 6. Further amend Chapter 138, Volume 41, Laws of Delaware, by striking Section 15 thereof and inserting in lieu thereof a new Section 15 as follows:

Section 15. DUTIES AND POWERS OF ALDERMAN. It shall be the duty of the Alderman to execute all laws and ordinances enacted for the government of the Town of Clayton and to carry into effect all proper orders and instructions of the Town Council made in pursuance of this Act or any law of the State of Delaware, or in pursuance of any ordinance that Council may legally make and establish. He shall have all powers and jurisdiction of a Justice of the Peace within the said Town and shall have jurisdiction and cognizance of all breaches of the peace or other offenses in said Town so far as to arrest and hold to bail or fine or imprison offenders, or both; also of all forfeitures and penalties which may be prescribed by any law of the State of Delaware or by any ordinance of Council duly passed and established for the government of said Town; and also of all neglect, omissions or defaults of any Town Constable, member of the Board of Assessment, Treasurer or any other officer or person whose duty it may be to collect, receive, pay over or account for any money belonging to said Town or to execute or obey any law or ordinance thereof. It shall be the duty of said Alderman upon complaint made before him of any infraction or violation of any ordinance enacted by said Council to issue his warrant to any one or more of the police force in said Town or the County Police or the County Constable residing therein commanding him to bring before the Alderman for trial the person or persons so accused, and if found guilty to impose such fines and penalties as shall be fixed by Council by ordinance. The fees of the Alderman for any service under this Section shall be the same as those established by law for a Justice of the Peace for the like service and for any service or duty for which no fee may be provided by the Laws of Delaware, the fee may be established by ordinance or resolution of the Town Council. If the Alderman shall resign, remove from the said Town or be disqualified as herein otherwise provided or shall not be reelected to office, he shall deliver to his successor in office, within two days after the appointment or election of such successor, all books, papers and other records belonging to his office and shall pay over to the Treasurer of the Town all moneys in his hands belonging to the Town within five days after his resignation, or removal from the Town, disqualification or end of his term, as the case may be. Upon his neglect or failure to deliver said books and records as aforesaid, or to pay over to the Treasurer of the Town all moneys belonging to the Town as aforesaid, or both, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred ($200.00) Dollars, nor more than Two Thousand ($2,000.00) Dollars.

The Alderman shall, at the first regular meeting of Council in each month, report to Council all fines imposed by him during the preceding month and on the same day pay to the Treasurer of the Town of Clayton all such fines, penalties and all money in his hands belonging to said Town, and received by him during said time, and upon default in making such report, or paying over such fines and penalties, for a period of twenty days after such report is to be made as aforesaid or such fines and penalties and other moneys belonging to said Town are to be paid as aforesaid, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred ($200.00) Dollars nor more than Two Thousand ($2,000.00) Dollars.

Section 7. Further amend Chapter 138, Volume 41, Laws of Delaware by striking from the second paragraph of Section 20 thereof the following words "who shall be a resident of the Town of Clayton but who need not be a freeholder".

Section 8. Further amend Chapter 138, Volume 41, Laws of Delaware by inserting two new paragraphs to follow Paragraph 2 of Section 31 as follows:

The amount chargeable to the users of the sewer system shall constitute a lien against the real estate occupied by the users for a period of three years from the date of the original billing by the said Town and may be collected in the same manner as herein provided for the collection of taxes against real estate.

In addition in the event of breakage in the sewer lateral between the sewer main and the property serviced thereby may be repaired by the Town at the expense of the property owner and the cost of such repairs shall constitute a lien against the real estate affected thereby from the date of the completion of the repair and may be collected in the same manner as herein provided for the collection of taxes against real estate. The owner of said real estate shall be notified in writing of the nature of the repairs and the expense incurred by mailing such notice to the address appearing on the tax records of said Town. Proof of mailing shall constitute sufficient service of notice.

Section 9. Further amend Chapter 138, Volume 41, Laws of Delaware by inserting two new paragraphs to follow Paragraph 2 of Section 32 as follows:

The amount charged to the users of the water system shall constitute a lien against the real estate occupied by the users for a period of three years from the date of the original billing by the said Town and may be collected in the same manner as herein provided for the collection of taxes against real estate.

In addition in the event of breakage in the water lateral between the water main and the property serviced thereby may be repaired by the Town at the expense of the property owner and the cost of such repairs shall constitute a lien against the real estate affected thereby from the date of the completion of the repair and may be collected in the same manner as herein provided for the collection of taxes against real estate. The owner of said real estate shall be notified in writing of the nature of the repairs and the expense incurred by mailing such notice to the address appearing on the tax records of said Town. Proof of mailing shall constitute sufficient service of notice.

Section 10. Further amend Chapter 138, Volume 41, Laws of Delaware by striking from the second paragraph of Section 14 the following words "if practicable".

Section 11. Further amend Chapter 138, Volume 41, Laws of Delaware by adding a new section thereto and shall be Section 37, of said Chapter and Volume.

Section 37. The motor vehicle laws of the State of Delaware and the fines and penalties set forth therein shall be in full force and effect within the limits of the Town of Clayton in so

far as applicable and the Alderman of said Town shall have jurisdiction thereof of any violations of said motor vehicle laws within said Town, including the imposition of fines and penalties as may be prescribed by the motor vehicle laws of Delaware from time to time.

Approved April 18, 1957.