CHAPTER 61

AN ACT TO AMEND AN ACT ENTITLED "AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWER AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH" BEING CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, CHANGING THE CORPORATE NAME, ESTABLISHING A PROCEDURE FOR ANNEXATION, DELETING THE RESTRICTION AGAINST COMPENSATION FOR COMMISSIONERS, CLARIFYING THE QUALIFICATIONS FOR COMMISSIONER, DEFINING THE WORD "FREEHOLDER", PERMITTING CERTAIN LEASEHOLDERS TO NOMINATE PERSONS FOR ELECTIVE OFFICE, PROVIDING A REGISTRATION PROCEDURE FOR VOTERS, CHANGING THE TIME OF REORGANIZATION, PROVIDING FOR REGULAR MEETING OF COMMISSIONERS, PROVIDING POWERS AND DUTIES OF CITY MANAGER, ESTABLISHING PROCEDURE FOR REMOVAL OF CITY MANAGER AND EMPLOYEES OF THE CITY, PROVIDING FOR PAYMENT OF ACCOUNTANTS, ESTABLISHING INDEFINITE TERMS OF OFFICE FOR CERTAIN APPOINTIVE OFFICES, ESTABLISHING THE POLICE DEPARTMENT UNDER THE DIRECTION OF THE CITY MANAGER, CHANGING THE DATE WHEN ASSESSMENT IS DELIVERED TO COMMISSIONRS, CHANGING DATE FOR FIXING THE BUDGET, PROVIDING FOR TAXING IMPROVEMENTS ON CERTAIN LEASED LAND, PROVIDING FOR A FIRST LIEN ON IMPROVEMENTS LOCATED ON CERTAIN LEASED LAND, PERMITTING THE SALE OF IMPROVEMENTS LOCATED IN CERTAIN LEASED LAND FOR NON-PAYMENT OF TAXES, AUTHORIZING THE ESTABLISHMENT OF A PENSION PLAN OR A HEALTH AND WELFARE PLAN FOR CITY EMPLOYEES, DEFINING THE WORD "OWNER" IN CONNECTION WITH PAVING, GUTTERING, CURBING AND STREETS, AUTHORIZING AWARDING OF CONTRACTS UNDER CERTAIN CONDITIONS WITHOUT COMPETITIVE BIDDING, AND DEFINING THE WORD "USER" IN CONNECTION WITH THE PUBLIC WATER SYSTEM AND PUBLIC SEWER SYSTEM.

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

Section 1. Subsection a, Section 1, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Subsection and substituting in lieu thereof the following:

a. The Commissioners of Rehoboth Beach now in Office, and their successors hereafter chosen under the provisions of this Charter, within the limits and boundaries established by this Charter, shall be and they are, created a body politic and corporate, in fact and in Law and Equity, by the name, style and title of "THE CITY OF REHOBOTH BEACH", and under that name shall have perpetual succession ; may have and use a corporate seal, which may be altered, changed or renewed at pleasure ; may sue and be sued, plead and be impleaded in any and all Courts of Law and Equity in the State of Delaware and elsewhere by said corporate name ; may take, receive, hold and enjoy any and all lands, tenements and hereditaments located either within or without the limits and boundaries set forth in Section 2 of this Charter, in fee simple or for a lesser estate, interest or otherwise, and also goods, chattels, rights and credits, and may sell, lease, hold, manage and control any such property or properties in such a manner as The Commissioners may deem expedient and proper for the purposes hereinafter to be expressed ; and may appoint such Officers and agents as shall be necessary or convenient for the management of the affairs of the City, and may fix and determine the compensation of such officers and agents.

striking out all of said Subsection and substituting in lieu thereof the following:

c. All actions, suits and proceedings shall be brought in the name of "THE CITY OF REHOBOTH BEACH."

Section 3. Subsection d, Section 2, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Subsection and substituting in lieu thereof the following:

d. The Commissioners of Rehoboth Beach shall have the power to annex additional territory adjoining the corporate limits of The City of Rehoboth Beach as hereinbefore set forth or as hereafter extended pursuant to the procedure hereinafter set forth and to apply to all such additional territory all laws, ordinances, resolutions and policies in force with the City so far as they may be locally applicable. The Commissions of Rehoboth Beach shall adopt a Resolution proposing to the property owners and the residents of both the City and of the Territory proposed to be annexed that The City of Rehoboth Beach proposes to annex certain territory which adjoins its then limits and territory. The Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution setting forth the information shall be printed in a newspaper published in The City of Rehoboth Beach at least one week prior to the date set for the public hearing, or, if no newspaper is published in The City, publication shall be had in a newspaper having a general circulation both in The City and in the territory proposed to be annexed, or, at the discretion of The Commissioners of Rehoboth Beach, the said Resolution shall be posted in four (4) public places both in The City and in the territory proposed to be annexed.

Following the public hearing, but in no event later than thirty (30) days thereafter, a Resolution shall then be passed by a majority of The Commissioners of Rehoboth Beach ordering a Special Election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this Resolution shall ipso facto be considered the determination of The

Commissioners of Rehoboth Beach to proceed with the matter of the proposed annexation.

The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immediately preceding the date of the Special Election in at least two (2) issues of a newspaper published in The City, or, if no newspaper is published in The City, the notice may be printed within thirty (30) days immediately preceding the date of the Special Election in two (2) issues of a newspaper having a general circulation in The City and in the territory proposed to be annexed, or, in the discretion of The Commissioners of Rehoboth Beach the said notice may be posted in five (5) public places both in The City and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the Special Election.

At the Special Election, every property owner whether an individual, a partnership, or a corporation, both in The City and in the territory proposed to be annexed, shall have one (1) vote for each One Hundred Dollars ($100.00) of assessment as shown by the books of The City in the case of City property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed. Each leaseholder holding land under a valid lease for a term of not less than ten (10) years whose lease is recorded in the Office of the Recorder of Deeds, in and for Sussex County, and who has erected upon his or her leasehold an improvement having an assessed valuation of as least One Thousand Dollars ($1,000.00) shall be entitled to one vote for each One Hundred Dollars ($100.00) of assessment as shown by the records of The City in the case of City leaseholders and by the records of the Board of Assessment of Sussex County in the case of leaseholders in the territory proposed to be annexed. Every citizen of either The City or of the territory proposed to be annexed who is not a property owner or leaseholder as herein defined shall have one (1) vote. In the case of property owned or leased, as aforesaid, by a husband and wife jointly, the husband and wife shall each have one vote for each Two Hundred Dollars ($200.00) of assessment. In the event that a person owns property both in The City and in the territory proposed to be annexed and resides in either place, he may vote only where he

resides. In the event that a person owns property both in The City and in the territory proposed to be annexed but does not reside in either place, he may vote only in The City and not in the territory proposed to be annexed. Property owners or leaseholders, as herein defined, whose property or whose improvement located on leased land is exempt from taxation or is not assessed shall not be entitled to vote. The books and records of The City of Rehoboth Beach in the case of City property owners or leaseholders as herein defined and the books and records of the Board of Assessment of Sussex County in the case of property owners or leaseholders as herein defined in the territory proposed to be annexed shall be conclusive evidence of the right of such property owners or leaseholders to vote at the Special Election.

In the event that an individual, partnership or corporation holds a power of attorney duly executed and acknowledge and specifically authorizing the said individual, partnership or corporation to vote at the said Special Election, a duly authenticated copy of the power of attorney shall be filed in the office of the City Manager of The City of Rehoboth Beach. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of said person, partnership or corporation to vote in the Special Election.

The Commissioners of Rehoboth Beach shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election.

The form of the ballot shall be as follows :

This ballot casts votes.

For the proposed annexation. Against the proposed annexation.

(check one)

The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and own property in The City, and at least one of whom shall reside and own property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding

Officer. Voting shall be conducted in the Municipal Building and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents, property owners or leaseholders of The City shall be deposited in the other such ballot box. The polling places shall be open from 1:00 o'clock p.m., prevailing time, until 6:00 o'clock p.m., prevailing time, on the date set for the Special Election.

Immediately upon the closing of the polling places, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof ; the Board of Election shall make a certificate under their hands of the number of votes cast for and against the proposed annexation, and the number of void votes, and shall deliver the same to The Commissioners of Rehoboth Beach. The said certificate shall be filed with the papers of The Commissioners of Rehoboth Beach.

In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from The City and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Referendum results in an unfavorable vote for annexation, a subsequent election may be held at any time. If a favorable vote for annexation shall have been cast, The Commissioners of Rehoboth Beach shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds for Sussex County in Georgetown, Delaware, but in no event shall such recordation he completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of The City of Rehoboth Beach from the time of recordation. The failure of The Commissioners of Rehoboth Beach to record the description and plot within the time hereinbefore specified shall not make the annexation invalid but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of favorable election.

Section 4. Subsection b, Section 3, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection.

Section 5. Subsection a, Section 3, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

a. The government of The City and the exercise of all power conferred by this Charter, except as otherwise provided herein, shall be vested in The Commissioners of Rehoboth Beach. The Commissioners of Rehoboth Beach shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Commissioners shall have the title of Mayor of The City of Rehoboth Beach, with duties hereinafter to be prescribed, and who shall also be President of The Commissioners of Rehoboth Beach. Each of the seven (7) Commissioners of Rehoboth Beach, at the time of the approval of his qualifications by The Commissioners as hereinafter provided or at the time of his appointment as the case may be, and throughout his term of office, shall have attained the age of twenty-one (21) years of age, be a non-delinquent taxable of The City and a freeholder of The City. Three (3) of the said Commissioners shall reside outside the corporate limits of The City and three (3) of the said Commissioners shall be bona fide residents of The City. The Commissioner with the title of Mayor of The City of Rehoboth Beach shall also be a bona fide resident of The City. If any one of The Commissioners, shall, during his term of office, cease to be a freeholder of The City, he shall ipso facto vacate his office. If any one of the resident Commissioners or if The Commissioner with the title of Mayor of The City of Rehoboth Beach shall cease during his term of office to be a bona fide resident of The City of Rehoboth Beach, he shall ipso facto vacate his office. If any one of the nonresident Commissioners shall become a resident of The City by reason of moving within the corporate limits of The City or by annexation or otherwise, he shall, ipso facto, vacate his office. The Commissioners shall be the judges of the qualifications of their members. For all purposes of this Charter, a "freeholder" shall be deemed to include any person who holds fee simple title to real property in his own name, or who holds title to an undivided interest in real property or who holds title to real estate as a tenant by the entirety.

Section 6. Subsection d, Section 6, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Subsection and substituting in lieu thereof the following:

d. No qualified elector shall sign the nominating petition of more candidates than there are elective offices to be filled at such regular municipal election. Each qualified elector signing such petition shall also state whether he signed such petition as a freeholder in The City or as a leaseholder in The City holding land under a valid lease for a term of at least ten (10) years whose lease is recorded in the Office of the Recorder of Deeds, in and for Sussex County, and who has erected upon the leasehold an improvement having an assessed valuation of at least One Thousand Dollars ($1,000.00) as shown by the records of the City of Rehoboth Beach or as a resident of the State of Delaware at least one year and a bona fide resident within the corporate limits of The City for three months immediately preceding such election.

Section 7. Subsection d, Section 7, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Subsection and substituting in lieu thereof the following:

d. At such annual election, every person, male or female, who shall have attained the age of twenty-one (21) years and who shall have been a freeholder in The City of Rehoboth Beach for a period of three (3) months immediately preceding such election whether or not a resident of the State of Delaware or of The City of Rehoboth Beach and also every person, male or female, who shall have attained the age of twenty-one years on the date of election and who shall be a bona fide resident of the State of Delaware for a period of one (1) year and of The City of Rehoboth Beach for at least three (3) months on the date of the annual election shall have one (1) vote provided he or she has registered on the "Books of Registered Voters" of The City of Rehoboth Beach. The Commissioners of Rehoboth Beach shall

provide two registers to be known as the "Books of Registered Voters" which are to be kept at the Office of the City Manager. The Books of Registered Voters shall contain the following information for each registrant : The names of the voters arranged in alphabetical order, the permanent address of the voter, the local address of the voter, the birthdate of the voter, the date the registrant became a resident of the State of Delaware, the date the registrant became a resident of The City of Rehoboth Beach, the date when the registrant became a freeholder of The City of Rehoboth Beach, and other pertinent information. No person shall be registered upon the Books of Registered Voters unless he will have acquired the qualifications to vote in the annual election for the year in which he registers. A person shall only be required to register one time ; provided, however, that if a registered voter fails to vote in two consecutive annual elections, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the list of registered voters and that it will be necessary to register again in order to be eligible to vote in the annual election. The Books of Registered Voters shall be maintained at the Office of the City Manager and shall be conclusive evidence of the right of any person to vote at the annual election. A person may register at the Office of the City Manager during the regular office hours on any day and on the day of election by completing such forms as be provided by The City.

Section 8. Subsection a, Section 8, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

a. The Commissioners of Rehoboth Beach, at the first regular meeting following the annual election, shall meet for the purpose of organization at the usual place for holding meetings of The Commissioners of Rehoboth Beach. The newly elected officers shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace or by a holding-over member of The Commissioners. The newly elected Commissioner with the title of Mayor of The City of Rehoboth Beach shall assume the chair of the office of Mayor of The City of Rehoboth Beach. The Commissioners shall likewise select a Secretary from their own number to serve until the first regular meeting after the next succeeding election. They shall also choose an Assistant Secretary to serve as aforesaid, who may or may not be from among their own number and such other officers and employees as may be determined to be necessary.

Section 9. Subsection b, Section 8, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Subsection.

Section 10. Subsection a, Section 9, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended, by striking out all of said Subsection and substituting in lieu thereof the following:

a. The Commissioners of Rehoboth Beach shall hold one meeting in each month on the second Friday of the month. If the second Friday of the month shall be a legal holiday, the monthly meeting of The Commissioners of Rehoboth Beach shall be held on the third Friday of the month. Special meetings shall be called by the Secretary upon the written request of the Mayor of The City of Rehoboth Beach, or upon the written request of any two members of The Commissioners, stating the day, hour and place of the special meeting request, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the President and to each member of The Commissioners of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary must be deposited in the United States mail in the main post office of The City of Rehoboth Beach at least forty-eight (48) hours before the time of such special meeting: provided, that a written waiver of such notice, signed by the Mayor of The City of Rehoboth Beach and all other members of The Commissioners prior to or immediately upon the convening of such special meeting, shall make such written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in such

waiver, and the transaction of any other business at the meeting, if the waiver so states.

Section 11. Subsection c, Section 17, Chapter 197, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and inserting in lieu thereof the following:

c. The City Manager shall hold office for an indefinite term and may be removed by a majority vote of the Commissioners. At least thirty days before such removal shall become effective, The Commissioners shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, The Commissioners by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution, The Commissioners may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the preliminary resolution.

Section 12. Subsection e, Section 17, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and inserting in lieu thereof the following:

e. The City Manager shall be responsible to The Commissioners of Rehoboth Beach for the proper administration of the affairs of The City placed in his charge and to that end he shall have the power to appoint and remove all officers and employees of The City. All appointments made by the Manager shall be without definite term. All such employees appointed by the Mayor, or by his authorization, may be removed by him at any time. He shall exercise his sole discretion in the appointment or hiring of any such employees; provided, however, that if a resident or residents of The City, competent to perform the work required by the Manager, can be found, such resident or residents shall be given first choice. The Manager shall be the

sole judge of the competence or incompetence of any such person. The Commissioners of The City of Rehoboth Beach shall sit as a Board of Appeal for the protection of City employees at those times when the majority of all The Commissioners are agreed that a review of the action of the City Manager would be in the best interest of The City of Rehoboth Beach. The decision of The Commissioners in such cases shall be final and conclusive.

Section 13. Subsection b, Section 18, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

b. It shall be their duty to audit the accounts of The City and all of its officers whose duty involves the collection, custody and payment of monies to The City. They shall audit the books of the Mayor of The City of Rehoboth Beach, and the records of all fines, penalties and costs imposed or collected by him pursuant by any judgment, order, or decree made. The auditors on or before the fifteenth day of September, annually, next following their appointment, shall make and deliver a detailed report of every and all accounts, records, and books by them examined and audited, which report under their hands and seals shall be printed in a newspaper published in The City in the issue immediately succeeding their annual report. The Auditors, in the performance of their duties, shall have access to all records and accounts of the offices of the Commissioners and they are authorized and empowered to employ such clerks and accountants as in their judgment may be necessary in the proper performance of their duties at such compensation as may be determined by The Commissioners.

Section 14. Section 18, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Section and substituting in lieu thereof the following:

CITY SOLICITOR

The Commissioners shall select and appoint a City Solicitor for an indefinite term who shall be removable at the pleasure of The Commissioners of Rehoboth Beach either with or without

due cause stated. The City Solicitor shall be a member in good standing of the Bar of the State of Delaware with offices in Sussex County. It shall be his duty to give legal advice to The Commissioners and other offices of The City and to perform other legal services as may be required of him by The Commissioners.

Section 15. Subsection a, Section 21, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

a. The Commissioners shall, from time to time, make rules and regulations as may be necessary for the organization, government and control of the Police Force. They shall preserve peace and order, and shall compel obedience with The City limits to the ordinances of The City and the Laws of the State of Delaware. They shall have such other duties as The Commissioners shall from time to time prescribe. The Chief of Police and the members of the Police Force shall be subject to the direction of the City Manager acting in behalf of The Commissioners.

Section 16. Subsection f, Section 21, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

f. The Rehoboth Beach Beach Patrol shall be composed of Chief Beach Patrolman and such other members or subordinates as The Commissioners may deem necessary.

Section 17. Subsection a, Section 22, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

a. The Board of Assessment shall be appointed by The Commissioners of Rehoboth Beach for an indefinite term. The Board of Assessment shall consist of three members all of whom shall be over the age of twenty-one years, bona fide residents of The City of Rehoboth Beach and freeholders of The City.

Section 18. Subsection a, Section 23, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

a. The Board of Assessment shall, prior to the first Monday in March, make a just, true and impartial annual valuation or assessment of all real estate and of all improvements having a valuation of at least One Thousand Dollars ($1,000.00) located on land which has been leased under a valid lease for a term of at least ten (10) years and which lease has been recorded in the Office of the Recorder of Deeds, in and for Sussex County, located within The City of Rehoboth Beach. In making such assessment, the rules and exemptions now applicable by law to the making of the County Assessment of persons and properties shall be applicable insofar as consistent with the provisions of this Charter. All real estate and all improvements located on land under a valid lease, as aforesaid, shall be described with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. All improvements located on land under a valid lease, as aforesaid, shall be assessed to the leaseholder. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown." A mistake in the name of the owner or owners, or a wrong name, or an assessment to "Owner Unknown," shall not affect the validity of the assessment of any municipal tax or assessment based thereon ; provided, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds of Sussex County at Georgetown, Delaware.

Section 19. Subsection a, Section 24, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of the said Subsection and substituting in lieu thereof the following:

a. At the regular meeting in May, after having revised and completed the assessment, The Commissioners shall determine, to their best judgment and knowledge, the total amount necessary to be raised by The City to meet all fixed and anticipated expenses and obligations of The City, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the City Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.

Section 20. Paragraph a, Subsection b, Section 24, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking all of said Paragraph and substituting in lieu thereof the following:

a. The rate of tax on real estate including improvements thereon per One Hundred ($100.00) of assessed value and the rate of tax on improvements per One Hundred ($100.00) of assessed value located on land under a lease for a period of at least ten (10) years which said lease has been recorded in the Office of the Recorder of Deeds, in and for Sussex County; and/ or

Section 21. Subsection b, Section 25, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

b. All taxes so laid or imposed by The Commissioners of Rehoboth Beach in such annual tax list, shall be and constitute a lien upon all the real estate of the taxable, against or upon whom such taxes are laid or imposed, of which such taxable was seized or possessed, at any time after such taxes shall have been levied and imposed, that is situated in The City of Rehoboth Beach. Such lien shall have preference and priority to all other liens on real estate or upon improvements located on land under lease, as aforesaid, created or suffered by said taxable although such other lien or liens be of a date prior to the time of the attaching of such lien for taxes.

Section 22. Subsection f, Section 27, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

f. For the purpose of collecting the tax, assessment, license fee, warrant, or any other charge due The City from any taxable, and without the necessity of first employing the other remedies

herein provided the City Manager is empowered to sell the lands and tenements of the taxable or the improvements of a taxable located on land under a valid lease for a term of at least ten (10) years which said lease is recorded in the Office of the Recorder of Deeds, in and for Sussex County, or the lands and tenements of a taxable, alienated, subsequent to the levy of the tax, assessment, license fee, warrant, or other charge.

Section 23, Paragraph 30, Subsection a, Section 29, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Paragraph and substituting in lieu thereof the following:

30. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon and to levy and collect taxes for any and all municipal purposes upon improvements having an assessed valuation of at least One Thousand Dollars ($1,000.00) located on land under a valid lease for a period of at least ten (10) years within The City, except lands belonging to The City; provided, however, that the amount to be raised from this source shall not exceed in any one year the sum of Four Hundred Seventy-five Thousand Dollars ($475,000.00) ; and provided further that there shall be no limitation upon the amount which may be raised from the taxation of real estate or improvements located thereon or improvements located on land under lease, as aforesaid, for the payment of interest on and principal of any bonded indebtedness, whether hereinbefore or hereafter incurred.

Section 24. Subsection a, Section 29, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding a new Subsection at the end of said Section 29 to read as follows:

42. To establish, by ordinance duly adopted in accordance with this Chapter, a pension plan or a health and welfare plan, or both, for the employees of The City under such terms and conditions as The Commissioners, in their discretion, deem most appropriate; provided, however, that any annual appropriation which is made by The Commissioners under any such pension plan or any health and welfare plan, or both, shall not exceed

a maximum of Fifteen per cent (15%) of the total annual payroll of The City, and provided further, that the method of funding may, if deemed advisable by The Commissioners, be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of The Commissioners.

Section 25. Section 32, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding a new Subsection at the end thereof as follows:

i. The term "owner" as used in this Section shall be deemed to include the owner of an improvement having an assessed value of at least One Thousand Dollars ($1,000.00) located on land under a valid lease for a period of ten (10) years which said lease is of record in the Office of the Recorder of Deeds, in and for Sussex County, as well as a freeholder as that term is defined in this Charter.

Section 26. Section 33A, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding at the end of Subsection 2 thereof the following:

The word "owner" or "owners" as used in this Section shall be deemed to include the owner of an improvement having an assessed value of at least One Thousand Dollars ($1,000.00) located on land under a valid lease for a period of at least ten (10) years which said lease is of record in the Office of the Recorder of Deeds, in and for Sussex County. The same rules and regulations set forth in this Section relating to voting by tenants by the entireties shall be applicable.

Section 27. Subsection 43, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection and substituting in lieu thereof the following:

All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder ; PROVIDED, HOW-

EVER, that competitive bidding shall not require any of the following circumstances.

1. The aggregate amount involved is not more than Two Thousand Dollars ($2,000.00) ;

2. The purchase or contract is for personal or professional services ;

3. The purchase or contract is for any service rendered by a university, college or other educational institution;

4. The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision thereof ;

5. The purchase or contract is for property or services for which it is impracticable to obtain competition ;

6. The public exigency as determined by The Commissioners will not permit the delay incident to advertising;

7. The materials to be purchased are to be used to complete a project under the supervision of the City Manager ;

8. The purchase or contract is for property or services for which The Commissioners determine the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competition ;

9. A public emergency as determined by The Commissioners exits.

Section 28. Subsection b, Section 22, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out all of said Subsection.

Section 29. Paragraph 12, Subsection a, Section 29, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding at the end of said Paragraph 12 the following sentence:

public sewer system shall be deemed to mean either the owner to whom the real estate is assessed or a leaseholder who holds land under a valid lease for a term of not less than ten (10) years and whose lease is of record in the Office of the Recorder of Deeds, in and for Sussex County, and who has erected upon the leasehold an improvement having an assessed valuation of at least One Thousand Dollars ($1,000.00).

Approved July 5, 1967.