AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each branch thereof concurring therein):
Section 1. The inhabitants of the Town of Henlopen Acres, in Sussex County, are hereby constituted a municipal corporation and body politic by and under the name of "Mayor and Commissioners of Henlopen Acres", hereafter referred to as Corporation or Town, with power to govern themselves by such ordinances, rules, resolutions and regulations for municipal purposes as they, through their duly elected officers and agents, may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States.
TERRITORY AND LIMITS
Section 2. The present territorial limits of the Town of Henlopen Acres are hereby established and declared to be as follows:
ALL those three certain adjoining pieces or parcels of land and premises situate, lying, and being in Lewes and Rehoboth Hundred, Sussex County and State of Delaware, north of the Town of Rehoboth and east of the United States Inland Waterway known as the "Lewes and Rehoboth Canal", bounded on the north by lands of Daniel G. Anderson; on the northwest and west by lands of said United States Inland Waterway; and on the south and southeast, in part by the north boundary line of the Town of Rehoboth, in part by the north line of Henlopen Avenue, and in part by certain State lands; and on the east and northeast by the mean high-water line of the Atlantic Ocean, be the contents of said parcels of land whatsoever they may, and being all the same lands described in and conveyed as Parcels Number 1, Number 2, and Number 3, by that certain deed of Wilbur S. Corkran and Louise C. Corkran, his wife, unto Henlopen Acres, Inc. (a Corporation of the State of Delaware), bearing date the 14th day of July, 1930, and of record in the office of the Recorder of Deeds of the State of Delaware, in and for Sussex County, at Georgetown, Delaware, in Deed Record D.H.X., Vol. 280, Page 220; and also being the same lands and premises delineated as Parcels Number 1, Number 2, and Number 3, on "Plat of Lands in Lewes and Rehoboth Hundred, Sussex County, Delaware, Conveyed by Wilbur S. Corkran and Louise C. Corkran, his wife, to Henlopen Acres, Inc.", which plat is now of record in the Office of the Recorder of Deeds, in and for Sussex County aforesaid, in Deed Record D.H.X., Vol. 280, Page 598.
STRUCTURE OF THE GOVERNMENT
Section 3. The government of the Town and the exercise of all power conferred by this Charter, except as otherwise provided herein, shall be vested in the Commissioners of Henlopen Acres. The Commissioners of Henlopen Acres shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Commissioners shall have the title of Mayor of the Town of Henlopen Acres, with duties hereinafter to be prescribed, and who shall also be President of the Commissioners of Henlopen Acres. Until such time as the first regular election of Commissioners can be held, 3. Edward Murphy is hereby appointed to serve as the Mayor and Sandford B. Leach, Kilburn LeCompte, Norman E. Smith, Mathew J. McDemmott, Frances W. Plowman, John L. Bradley, John W. Watson and John Beck are appointed to serve as the original Commissioners of the Town of Henlopen Acres.
Section 4. (a) The inhabitants of the Town of Henlopen Acres within the limits and boundaries referred to in Section 2 of the Act, or within the limits and boundaries hereafter established shall be and they are hereby created a body politic and corporate in law and equity by the corporate name of "The Town of Henlopen Acres," hereinafter called the Town and under the 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 all Courts of law and equity in the State of Delaware, and elsewhere, by said corporate name, may hold and acquire by purchase, gift, devise, lease or by condemnatic real property and personal property within or without its boundaries for any municipal purposes, in fee simple or for lesser estate or interest, any may sell, lease, hold, manage and control such property as its interest may require and may do all other things which a body politic and corporate may lawfully do to carry out and effect the object and purposes of this Act, subject, however, to other sections of this Act.
As hereinafter provided in this Charter relative to power to issue bonds, the Town shall have all other powers and functions requisite to or appropriate for the Government of the Town, its peace and order, its sanitation, beauty, the health, safety, convenience, comfort and well being of its population, and the protection and preservation of property, public and private; and all actions, suits or proceedings shall be brought in the name of "The Town of Henlopen Acres."
(b) The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict in any manner the general powers conferred herein, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof it is intended that the Town of Henlopen Acres 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 Town of Henlopen Acres whether expressed or implied, shall be exercised as prescribed by this Charter or; if not prescribed herein, by ordinance or resolution of the Commissioners.
QUALIFICATIONS OF MAYOR AND COMMISSIONERS
Section 5. The qualifications for Mayor and Commissioner shall be as follows;
(a) Each of the seven (7) Commissioners of Henlopen Acres, at the time of the approval of their qualifications by the Town Commissioners, as hereafter provided or at the time of their appointment, as the case may be, and throughout his or her term of office, shall have attained the age of twenty-one (21) years of age.
(b) Each shall be a non-delinquent taxable of the Town, as to all property taxes levied or assessments made by the Town.
(c) Each shall be a freeholder of the Town of Henlopen Acres. The Commissioner with the title of Mayor of the Town of Henlopen Acres shall be a bona fide resident of the Town. If any one of the Commissioners, shall, during his term of office, cease to be a free-holder of the Town, he shall ipso facto vacate his office. If the Commissioner with the title of Mayor of the Town of Henlopen Acres shall cease during his term of office to be a bond fide resident of the Town of Henlopen Acres, 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 of 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.
(d) Only freeholders as defined by paragraph (c) of Section 5 and the spouses of such freeholders shall have the right to vote.
ELECTION IN GENERAL
Section 6. The present Commissioners and other officers appointed to serve shall continue to serve as the Commissioners of Henlopen Acres and officers of the Town from and after the passage hereof until their successors are duly elected or appointed at the annual election held on the last Saturday in August. In the first annual election, to be held on the last Saturday in August, 1970, four (4) Commissioners will be elected for terms of two years each and three (3) will be elected for terms of one year each. Thereafter, four (4) Commissioners will be elected in even numbered years and three (3) in odd numbered years.
Section 7. (a) The six (6) offices of Commissioner of Henlopen Acres and the office of Commissioner of Henlopen Acres with the title of Mayor of the Town of Henlopen Acres, with duties hereinafter to be prescribed shall be elective. All other offices shall be appointive and the person or persons filling such appointive offices shall be appointed by the Commissioners of Henlopen Acres.
(b) In the case of a vacancy created in any office of Commissioner of Henlopen Acres or in the office of Commissioner of Henlopen Acres having the title of Mayor of the Town of Henlopen Acres, either by death, resignation, loss of residence or freeholdership, in the Town of Henlopen Acres, or other disqualifying event, or otherwise, the Commissioners of Henlopen Acres shall fill such vacancy for the residue of the whole term.
(c) Aside from loss of residence or freeholdership, as in these instances specified in Section 5 of this Charter, if any elective officer be found guilty of any felony, he shall forthwith be disqualified to act as such officer and he shall, ipso facto, vacate his elective office; which office shall be filled by the Commissioners of Henlopen Acres as in the case of other vacancies.
Section 8. (a) An organization meeting of the Commissioners of Henlopen Acres shall be held within one day following the annual election. At the organization meeting the Commissioners elected shall elect one of the Commissioners as the presiding officer of the Commissioners of Henlopen Acres for the term of one year. If the Commissioners are unable to elect one of their number as a presiding officer then such officer shall be chosen for the Commissioners by lot by the Commissioners. The presiding officer shall be called the "Mayor".
(b) The Commissioners of Henlopen Acres, 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 Henlopen Acres. The newly elected Commissioners 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 Commissioners shall likewise select a Secretary from their own number to serve until the first regular meeting after the next succeeding election. They may also choose an Assistant Secretary to serve as aforesaid, and such other officers and employees as may be determined to be necessary.
(c) The Commissioners shall by ordinance fix the amount of any salaries or compensation of the employees, officers and agents of the Town, and the time and manner of his or her, or their payment; Provided, that the salary or compensation of any such employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a designated term. No officer, employee or agent of the Town shall in any form have, take, or receive from the Town any compensation, in and form, in addition to the salary or compensation fixed by the Commissioners.
(d) The Commissioners shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the Town, containing the names of such officers, employees and agents, the dates of their employment, any salary or compensation to be by them received and the date of the termination of their services. In the event that they shall hold their office for an indefinite term, the record shall so state.
METHOD OF FILING FOR OFFICE OF
Section 9. The candidates for Town Commissioner shall file their notice of intention to seek office in the following manner:
(a) No person shall be voted upon as a candidate for the office of Commissioner unless at least thirty (30) days before the date set for the election of said officers he shall have filed with the Town Clerk or Mayor of the Commissioners of Henlopen Acres a letter or other certificate setting forth that he will be a candidate for a certain designated office. The Commissioners of Henlopen Acres shall not permit the name of any such candidate to be filed except such candidate as shall meet the requirements of Section 5 of this Charter.
MANNER OF HOLDING ELECTIONS
Section 10. (a) Annual municipal elections shall be held on the last Saturday in the month of August, from 9 o'clock A.M. to 12 o'clock noon at such place or places as shall be determined by the Commissioners, due notices of which shall be given by posting notices thereof in two (2) conspicuous places within the corporate limits of the Town of Henlopen Acres not less than fifteen (15) days before the day of such annual election. Provided, however, that in the event that there is no contest for any of the several offices up for election in any year, the polls shall not remain open after 10 o'clock A.M., prevailing time.
(b) The Commissioners will print or cause to be printed sufficient ballots in order for each qualified voter of the Town to vote at the annual election. Each such ballot shall be designated "Official Ballot" and shall contain the names of all candidates who have been nominated in accordance with the provisions of this Charter and are qualified to serve, and said ballots shall be delivered to the Election Board appointed pursuant to the provisions of this Charter, No ballots to be used for voting at the annual election shall be available for distribution to any person prior to the time of his or her actually presenting himself for the purpose of voting; provided, however, that the Election Board shall have available for distribution five (5) days prior to the date of the annual election sample ballots marked or defaced in such a manner that they cannot be used at the election. Only those ballots prepared in accordance with the provisions of this Section shall be used at the annual election.
(c) Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) Inspector of the Election and two (2) Judges of the Election. The Judges and Inspector constituting the Election Board shall be qualified voters of the Town and shall be appointed for that purpose by the Town Commissioners at least fifteen (15) days before such election. If, at the opening of the polls, there shall not be present the three (3) members of the Election Board, or any one of them, then in such case the persons qualified to vote at such election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to so act as a member or members of the Election Board. Members of the Election Board shall be Judges of the Election and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting. The Election Board shall have the power to subpoena persons, and officers of the Town, and books, records and papers relative to the determination of the validity of any vote or votes offered.
(d) Upon the close of the election, the votes shall be read and counted publicly and the persons having the highest number of votes shall be declared, by the Election Board, to be duly elected, and such persons shall continue in office during the terms for which they were chosen, or until their successors are duly elected or appointed and qualified.
(e) In the event of a tie vote for any office, the Election Board shall determine the tie by lot.
(f) All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for the period of ten days, save and excepting those ballots offered by persons who shall not have satisfied a majority of the Election Board that he or she or they possessed the qualifications of a Town elector as prescribed by this Charter.
(g) The Election Board shall enter in a book, to be provided for that purpose, a minute of the election, containing the names of the persons chosen. They shall subscribe the same and shall give to the persons elected certificates of their election. The book, containing such matters, shall be preserved by the Town Commissioners and shall be evidence in any Court of Law and Equity.
REGULAR AND SPECIAL MEETING
Section 11. (a) The Town Commissioners of Henlopen Acres shall hold at least one meeting in the first month of each quarter of the year. Special meetings shall be called by the Secretary upon the written request of the Mayor of the Town of Henlopen Acres or upon the written request of any three members of the Town Commissioners, stating the day, hour and place of the special meeting request, and the subject or subjects proposed to be considered.
(b) The Town Commissioners of Henlopen Acres shall have the same power and authority to enact all ordinances, adopt all resolutions, pass all motions, make all orders and transact all business at such special meeting, called as aforesaid, as the Town Commissioners have at regular monthly meetings.
(c) All meetings shall be held in some place in the Town of Henlopen Acres and shall be open at all times to the lawful voters of the Town excepting during such time or times as the Town Commissioners shall deem it advisable to discuss any matter in executive session; provided, however, that no vote or ballot shall be taken by the Town Commissioners of Henlopen Acres upon any question or matter coming before it except in open,
public session and any vote or ballot taken by the Town Commissioners upon any matter or subject while in executive session shall be absolutely null and void.
Section 12. A majority of the members elected to the Town Commissioners of Henlopen Acres shall constitute a quorum.
RULES OF PROCEDURE AND MINUTES OF THE
Section 13. The Commissioners shall determine their 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. Every ordinance shall be introduced in writing. No ordinance shall be passed unless it shall have the affirmative vote of a majority of the Commissioners. Vote on any ordinance shall be by voice vote and the vote of each Commissioner on any ordinance shall be entered on the record.
DUTIES AND POWERS OF THE MAYOR
Section 14. (a) The Mayor of the Town of Henlopen Acres shall be sworn or affirmed to perform the duties of his office with fidelity.
(b) He shall be the chief executive of the Town. It shall be his duty to preside at all meetings of the Commissioners and he shall have a vote therein and in case of his absence a President Pro tempore shall be appointed in this place. He shall execute on behalf of the Town when authorized by a majority of the Commissioners all agreements, contracts, bonds, deeds, leases and other documents necessary to be executed. He shall have the power to appoint the other six Commissioners to be in charge of any departments or divisions of the Town Government created by the Commissioners. At least one Commissioner must be appointed to each department or division created by the Commissioners. The Mayor shall be a member, ex-officio, of all committees. It shall be the duty of the Mayor to see that the laws and ordinances of the said Town are faithfully executed and the Mayor shall perform all duties imposed upon him by this Charter. The Mayor shall also have the power to administer oath and affirmation.
(c) As a Commissioner of Henlopen Acres and as Mayor of the Town of Henlopen Acres, he shall have the same right as other commissioners to vote on all matters and may at any time appoint another Commissioner to preside if he desired to make a motion, move the adoption of a resolution, second either, or debate any question from the floor and may thereafter immediately resume his duties as presiding officer.
(d) Upon the expiration of this term of office or upon resignation or removal from office, he shall forthwith turn over all records, books, papers, documents and other things belonging to or appertaining to his office of Mayor of the Town of Henlopen Acres. He shall also pay over to the Treasurer all monies in his hands belonging to the Town.
Section 15. (a) The Commissioners of Henlopen Acres shall appoint a Town Clerk.
(b) Upon the appointment of a Town Clerk the duties shall be prescribed by the Commissioners.
(c) The Town Clerk shall not be a member of the Town Commissioners. He shall give corporate bond to the corporation in an amount fixed by it conditioned for the faithful performance of his duties, the payment to the Town of all money coming into his hands as Town Clerk from whatever source derived, and in the event of death, resignation or removal from office, the delivery to his successor of all papers, books, records and other property of the Town in his hands or under his control.
(d) He shall receive as compensation for his services an annual salary to be fixed, from time to time, by resolution of Commissioners payable in twelve installments.
(e) He shall attend all meetings of the Commissioners and keep proper and adequate minutes of its acts and proceedings and keep a correct journal of the same in a book or books provided for that purpose, said journal must show all bills approved by the Commissioners, the amount of said bills and to whom payable; and he shall be in attendance at his office on such days and between such hours as may be directed by ordinance or resolution of the Commissioners.
(f) He shall keep a record of all officers, agents and employees of the Town, when elected or appointed, the terms of office or employment, if a term be fixed, and the salary or compensation thereof.
(g) He shall keep the assessment books and tax records of the Town with the names of the taxpayers arranged alphabetically showing the tax, a short description and assessed value, as determined by the Commissioners, of each parcel of real estate and a short description of each item of personal property assessed, if any. He shall also keep and maintain proper books and records showing the names of persons charged with utility rentals or service charges and detailed account thereof.
(h) He shall collect all taxes, license fees, utility rentals assessments and all other money due to be paid to the Town under the provisions of this Charter, or as prescribed by ordinance or resolution of the Commission; and he shall keep separate, full and accurate accounts of all money received and due to be paid to the Town.
(i) He shall keep full and accurate accounts of all money paid out for or on account of the various departments and agencies of the Town together with proper vouchers.
Section 16. (a) A Treasurer of the Town of Henlopen Acres shall be appointed by the Town Commissioners of Henlopen Acres at their annual meeting hereinbefore provided. He shall hold his office for the term of one year from the date of his appointment at such annual meeting or if he be appointed to fulfill an unexpired term, his appointment shall expire one year from the date of the annual meeting immediately preceding his appointment.
(b) The Treasurer of the Town of Henlopen Acres shall be a freeholder of Lewes and Rehoboth Hundred. The Treasurer of the Town of Henlopen Acres shall be either a person resident in said town or a corporation doing business in Lewes and Rehoboth Hundred.
(c) The compensation, if any, to be received by the Treasurer of Henlopen Acres shall be fixed by the Town Commissioners of Henlopen Acres.
() The Treasurer shall file with the Town Commissioners of Henlopen Acres, a Bond with corporate surety, approved by the Commissioners in the sum of not less than $25,000 to be paid for by the Town Commission. The Bond shall be conditioned upon the faithful performance of his duties of his office and the restoration to the Commissioners of Henlopen Acres in the case of his death, resignation or removal from office of all books, papers, vouchers, and other property of whatever kind in his possession belonging to the Town of Henlopen Acres.
(a) The Treasurer shall be the custodian of all the funds of the Town. He shall deposit them in banking institutions prescribed by the Town Commissioners.
(b) The Treasurer shall promptly deposit in such bank or trust company doing business in Lewes and Rehoboth Hundred as may be designated as depository by ordinance or resolution of Commissioners all money received by him, and, as directed by ordinance or resolution keep and maintain separate accounts of moneys received from taxes, water rentals, sewer service charges, or otherwise.
(c) At a regular monthly meeting of the Commissioners he shall be prepared to render to the Commissioners a true and detailed account of all money collected or received by him in the performance of his duties, and of all moneys disbursed for and on account of the Town and its agencies and departments; and all books, records and documents showing the receipt and disbursement of money shall be open to inspection by the Mayor and any member of the Commission at any time.
() At least thirty (30) days prior to the municipal election he shall prepare and post in his office a list of all taxables who are then in arrears in the payment of taxes.
(i) He shall perform such other duties as may be provided by this Charter, or as prescribed by ordinance or resolution of the Commissioners.
(j) The Treasurer shall pay out no money except upon check or warrant countersigned by the Mayor of the Town of Henlopen Acres and authorized by the Commissioners of Henlopen Acres.
(k) He shall keep a true, and accurate and detailed account of all monies received and of all monies paid out by him. He shall preserve all vouchers for monies paid out by him and his books and accounts shall, at all times, be open to inspection by the Commissioners. He shall make such reports and at such times as the Commissioners shall direct.
(1) He shall prepare, in conjunction with the Secretary and the Town Clerk, an annual report of the financial condition of the Town.
Section 17. (a) Three Auditors of Accounts who shall be freeholders of the Town shall be appointed by the Commissioners at each annual meeting hereinbefore provided to serve for the term of one year or until their successors shall have been duly appointed and qualified.
(b) It shall be their duty to audit the accounts of the Town and all of its officers whose duty involves the collection, custody and payment of monies to the Town. They shall audit the books of the Mayor of the Town of Henlopen Acres, and the records of all fines, penalties and costs imposed or collected by him pursuant to any judgment, order, or decree made. The auditors on or before the 15th day of August, 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 which has general circulation in the Town 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 Town 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 18. The Commissioners may select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of the Commissioners of Henlopen Acres either with or without due cause stated. The Town 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 Town and to perform other legal services as may be required of him by the Commissioners.
Section 19. (a) The Town Commissioners may, in their discretion, make rules and regulations as may be necessary for the organization, government and control of a Police Force. They shall preserve peace and order, and shall compel obedience within the Town limits to the ordinances of the Town and the Laws of the State of Delaware. They shall have such other duties as the Town Commission shall from time to time prescribe. The Police Force shall be subject to the direction of the Town Clerk acting in behalf of the Town Commissioners.
(b) The Town Commissioners may, if it is deemed necessary, make rules and regulations for the organization of a Beach Patrol. The Beach Patrol would, if so organized, enforce regulatory measures ordained by the Commissioners in respect to the cleanliness, uses and enjoyment of the Town Beach front; and, would perform such other duties as the Commissioners may prescribe. In the performance of their duties, they would be vested with all the powers and authorities of a member of the Town Police Force.
BOARD OF ASSESSMENT
Section 20. (a) A Board of Assessment may be appointed by the Commissioners of Henlopen Acres for an indefinite term. The Board of Assessment shall consist of two members all of whom shall be over the age of twenty-one (21) years, bona fide residents of the Town of Henlopen Acres and freeholders of the Town.
(b) They shall be sworn or affirmed by the Mayor of the Town of Henlopen Acres, or by a Justice of the Peace of the State of Delaware, to perform their duties with fidelity and without favor. It shall be their duty to make a fair and impartial assessment of property and persons subject to taxation situated within the Town and to perform such other duties in reference thereto as shall be prescribed, from time to time, by the Town Commission of Henlopen Acres.
(c) The compensation, if any, to be by them received for the performance of their duties and the hiring of any necessary employees to assist them in the performance of their duties shall be fixed by and subject to the approval of the Town Commission of Henlopen Acres.
ASSESSMENT OF TAXES
Section 21. (a) The Commissioners or the Board of Assessment, if appointed, shall, prior to the second day in January, 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 and which lease has been recorded in the office of the Recorder of Deeds, in and for Sussex County, located within the Town of Henlopen Acres. 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.
(b) The Commissioners or the Board of Assessment after making such annual assessment, shall, on the second day in January, aforesaid, deliver to the Town Clerk of Henlopen Acres a list containing the names of all persons assessed and the amount of the assessment against each. They shall also deliver at such time as many copies of said list as the Commissioners shall direct.
(c) The annual assessment list shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the improvements thereon, and the per-capita assessment shall appear in separate column or spaces. In making its assessment the Commissioners or the Board shall make its valuation accordingly.
(d) The real property of the several members of the Board of Assessment, if appointed, shall be assessed by the Commissioners of Henlopen Acres. If there shall be an appeal from any assessment or tax, the decision of the Town Commissioners, sitting as a Court of Appeals, shall be final and conclusive and the said Commissioners shall revise and complete said assessment or tax at this sitting. No Commissioners shall sit upon his own appeal but the same shall be heard and determined by the other Commissioners.
(e) All the members of the Board of Assessment, if one shall be appointed, shall be present on a day fixed for hearing appeals from assessments or taxes and shall furnish to the Town Commissioners such information and answer such questions as the Commissioners may require in respect to any assessment from which an appeal has been taken. The Commissioners shall have authority to enforce their attendance by appropriate process.
LEVY OF ANNUAL TAXES
Section 22. (a) At the regular meeting in January, after having revised and completed the assessment, the Town Commission shall determine, to their best judgment and knowledge, the total amount necessary to be raised by the Town to meet all fixed and anticipated expenses and obligations of the Town including reasonable and appropriate reserves, for the then current fiscal years as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.
(b) They shall then proceed to determine, in their sole discretion, from which sources of the authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.
(c) They shall then proceed to determine, assess, fix and/or levy:
1. The rate of tax on real estate per one hundred dollars ($100.00) of assessed value; and/or
2. The rate of tax on improvements on owned real estate per one hundred dollars ($100.00) of assessed value; and the value located on land under a lease, which said lease has been recorded in the Office of the Recorder of Deeds in and for Sussex County; and/or
3. The amount of personal or per capita tax upon each qualified voter; and/or
4. The rate or rates to be charged for furnishing services of a public nature; and/or
5. The fees or rates to be charged in respect of any other authorized source of revenue sufficient in their best judgment and estimation to realize the amount to be raised from each such source determined by them to be used.
(d) Immediately after the first regular meeting in January of each and every year, the Town Commissioners shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources mentioned above. This list shall be known as the Annual Tax List of the Town of Henlopen Acres. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate per $100 of assessed value thereof.
(e) The Commissioners shall cause to be delivered to the Town Clerk a duplicate of said annual tax list, and the Town Clerk shall immediately proceed to collect the same as hereinafter provided.
(f) Nothing contained in this Charter shall be construed to effect or impair in any way the validity of any tax, fee, assessment, or other charge lawfully levied, assessed, or due the Town of Henlopen Acres under existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in the Town of Henlopen Acres created hereby.
COLLECTION OF ANNUAL TAXES
Section 23. (a) The Town Clerk, as soon as the Commissioners shall have placed in his hands the duplicate annual tax list, shall proceed at once to collect the taxes on said duplicate list.
(b) All taxes so laid or imposed by the Commissioners of Henlopen Acres 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 Town of Henlopen Acres. Such lien shall have preference and priority to all other such 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.
(c) All taxes, when and as collected by the Town Clerk shall be paid to the Treasurer of Henlopen Acres, and all taxes shall be due and payable at and from the time of the delivery of the tax list to the Town Clerk.
(d) On all taxes paid after the, first day of March next succeeding the delivery of the annual duplicate tax list to the Town Clerk, there shall be added an amount equal to one (1%) per centum per month for each and every month such taxes shall remain unpaid and shall be collected in the same manner as the original amount of the tax.
(e) If the Town Clerk shall be unable, within one year of the date of the delivery of the duplicate annual tax list to him, to collect the tax of any taxable, he is authorized and empowered, to collect such tax from such taxable by any of the processes of law.
REMEDIES, POWERS AND METHODS FOR THE
COLLECTION OF TAXES, ASSESSMENTS AND
OTHER CHARGES DUE THE TOWN
Section 24. (a) A remedy by distress as now prescribed by law is hereby preserved to the Town Clerk for the collection of any taxes, assessments, license fees, warrants or other charges for which he may be responsible.
(b) At any time after the delivery of the duplicate annual tax list or warrant or any other list of charges due the Town of Henlopen Acres, the Town Clerk may in the name of the Commissioners of Henlopen Acres institute suit before any Justice of the Peace or Court of the State of Delaware, in any of the Counties of the State, for the recovery of the unpaid tax, assessment, license fee, or other charge, in an action of debt, and upon judgment obtained, may issue Writs of Execution as in case of other judgments recovered before a Justice of the Peace.
(c) The said execution shall constitute a lien upon all the personal property of the taxable within the County where the judgment shall have been obtained, which by virtue of such execution shall be levied upon within thirty (30) clays after the issuance thereof, and such lien shall have priority over all other liens against said personal property created or suffered by the taxable, except such liens thereon which may have been created in respect to County Taxes, although such other liens be of date prior to the time of the attachment of the said tax liens.
Section 25. (a) The fiscal year for the Town of Henlopen Acres shall be the calendar year.
(b) Annually each year and not later than the last week in December, the Town Clerk and the Treasurer shall prepare a rough draft of a Town Budget. From this rough draft the Town Commissioners of Henlopen Acres shall, not later than January 10th of each year, prepare the Town Budget, containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year.
(c) The Budget shall contain the following information:
1. A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing fiscal year.
2. The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof.
3. The amount of the debt of the Town, together with a schedule of maturities of bond issues.
4. An itemized statement of all other estimated expense to be incurred in the affairs of the Town.
5. A statement of the amount required for interest on the bonded debt, the amount necessary to pay any Bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds".
6. An estimate of the amount of money to be received from taxes, assessments, and all other anticipated income of the Town from any source or sources whatsoever.
(d) The Town Commissioners shall, so far as possible, adhere to the Budget so adopted in the making of appropriations.
ENUMERATION OF POWERS
Section 26. (a) Not by way of limitation upon the power vested in the Town Commissioners to exercise all powers delegated by this Charter to the municipal corporation of the Town Commissioners of Henlopen Acres except as may expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the Town Commissioners are vested by this Charter with the following powers, which may be exercised by said Commissioners in the interest of good government and the safety, health, and welfare of the Town, its inhabitants and affairs, that is to say.
1. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the Town.
2. To prohibit, or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements, and games.
3. To ascertain locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair, or replace any new or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aqueduct or pipe line, or portion thereof, or any new or present sidewalk, curb or gutter, or portion thereof, in the Town, to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of the State of Delaware for the permanent maintenance, repair and upkeep of any street, land, alley, roadway or other highway within the Town.
4. To define, prevent, abate or remove nuisances, obstructions or any condition detrimental to the public safety, health or welfare.
5. To provide an ample supply of pure water for the Town and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to regulate and prescribe for what private or public purposes the water furnished by the municipal corporation may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or equipment of the Town; to furnish, or refuse to furnish, water from the Town system to places and properties outside the Town limits; and to contract for and purchase water and distribute same to users within or without the Town with the same full powers as though such water has been initially reduced to usefulness by the municipal corporation itself. For all purposes of this Charter, the word "user" when referring to the users of either the public water system or the 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 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).
6. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the Town system to places and properties outside the Town limits; in the interest of the public's health, to compel any and all properties in the Town to be connected to the sewer system of the Town; and to contract for and purchase sewer disposal service and to resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefore of the municipal corporation itself.
0. To provide, construct, extend, maintain, manage and control jetties, bulkheads, embankments, flood gates, piers, boardwalks or fills for the preservation of any strand or high land within the limits of the Town or contiguous thereto, to the end that the same may be preserved, property protected and the general public might enjoy the use thereof.
1. To direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees.
2. To direct the digging down, draining, filling up, cleaning, cutting, or fencing of lots, tracts, pieces or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.
10. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
11. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the Town and make particular provisions for particular zones or districts with regard to building or building materials; and, generally to exercise all the powers and authorizes vested in the legislative body of cities and incorporated towns under and by virtue of Chapter 179, Revised Code of Delaware, 1935, and all amendments thereto.
12. To acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping offices of the Town.
13. To regulate or prevent the use of guns, airguns, spring guns, pistols, sling shots, beanshooters, and any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or prevent the use of fireworks, bombs, and detonating works of all kinds.
14. To establish fire limits and do all things necessary for the prevention or extinguishment of fires; and, in their discretion, to contribute, donate or give an amount or amounts, not to exceed in the total during any given fiscal year three per centum (3% ) of the total taxes levied on real estate, unto any Volunteer Fire Company or Companies incorporated under the Laws of Delaware, or any Volunteer Fire Association or Associations maintaining and operating fire fighting equipment and service to the Town.
15. To purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the Town and to sell the same.
16. 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 within the Town.
17. To determine from which authorized sources and in what proportions taxes shall be levied and used each year to raise the revenue or funds required to meet the general expenses of the municipal corporation and all funding, amortization and interest requirements on its outstanding bonds or other indebtedness.
18. To provide for the collection of and disbursement of all monies to which the Town may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in the Charter.
19. To borrow money in the name of the Town for any proper municipal purpose, and in order to secure the payment of the same, to issue bonds or other kinds or forms of certificate or certificates of indebtedness, pledging the full faith and credit of the Town or such other security or securities as the Town Commissioners shall select, for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town shall be exempt from all State, County or municipal taxes; provided, that in no event shall the indebtedness of the Town, for any and all purposes, at any one time exceed in the aggregate fifteen per centum (15%) of the assessed value of all real estate in the Town subject to assessment for the purpose of levying the annual tax hereinbefore mentioned.
20. To acquire, and/or to vacate the use of, lands, tenements, personalty, property, easements, rights of way, or any interest in property, either within or without the limits of the Town, by way of condemnation and eminent domain, for any proper and lawful municipal purpose or whenever required properly to carry out, exercise or fulfill any power conferred upon or delegated to the municipal corporation by the Charter,
21. To appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any
fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency.
22. To inquire into and investigate the conduct of any officer, office, agent, or employee of the Town or any municipal affair, and for any such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and production of books, papers or other evidence by summary process.
23. To make, adopt and establish all such ordinances, regulations, rules and by-laws, not contrary to the laws of this State and the United States, as the Commissioners may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the Town, the protection and preservation of persons and property and of the public health and welfare of the Town and its inhabitants; provided, that any ordinance relating to the public health of the Town and its inhabitants, or designed to prevent the introduction or spread of infectious or contagious diseases, or to prevent nuisances affecting the same, shall apply not only within the corporate limits of the Town.
COLLECTION OF CHARGES DUE THE TOWN
Section 27. (a) In the collection of water rentals, license fees, tapping fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the Town and authorized to be levied and charged against the owner or owners of property within the Town, the collection thereof shall be under the supervision of the Town Clerk. It shall be the duty of the Town Clerk to collect all such rentals, bills, fees, and charges. He shall, in conjunction with the police force keep the Commissioners advised as to any and all failures or neglects to pay the same.
(b) In respect to the amount of any such water rentals, license fees, tapping fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the Town and authorized to be levied and charged against the owner or owners of property within the Town, and which owner or owners of property within the Town shall have failed or neglected to pay the same within the time prescribed by the provisions of this Charter, or a duly adopted Ordinance of said Town and should the required procedure, if any there be, have been compiled with as regards the imposition thereof against such owner or owners, the Town Commissioners shall issue a warrant to the Town Clerk directing him to collect the same against the person or persons, firm or firms, corporation or corporations from which it shall be due, together with interest from the due date and other charges attendant thereto. Thereafter, from the date of the issuance of any such warrant or warrants, the amount or amounts therein provided shall be and constitute liens upon the respective property or properties of such owner or owners upon which or for which any such rentals, bills, fees or other charges shall have been made and such liens shall, for a period of two years from the date of such warrant or warrants, have priority over any liens, incumbrances or conveyances except tax liens, general or special sewer assessment liens and prior liens of a like nature.
(c) Nothing contained in this Section shall be construed as a limitation upon the Commissioners of Henlopen Acres to establish and fix fines, or other penalty, in a proper case, for neglects or failures nor shall any fines imposed by a judicial officer with reference to any such neglects so enrolled or failures be construed as being within the provisions hereof.
REMOVAL OF OBSTRUCTIONS, NUISANCES, AND
Section 28. (a) In addition to the power to impose fines and penalties for the maintenance of obstructions, nuisances, and unsanitary conditions, as those terms may be defined by the Commissioners, if the Commissioners either upon their own inspection or upon information obtained from the Town Clerk or Police Force, shall deem that such obstruction, nuisances, or unsanitary condition ought to be removed or abated as the case may be, the Commissioners shall enact an ordinance or adopt a resolution, or both, to that effect and thereupon shall direct the Town Clerk to forward, to the person or persons continuing or causing such obstruction, nuisances, or unsanitary condition, or to the person or persons who are responsible for its existence or continuance, by the mails of the United States, in a sealed wrapper addressed to his or their last and best known post office address, a notice to remove or abate the same as soon as may be possible. If such person or persons refuse or neglect, for the space of five (5) days after such notice is mailed, to remove or abate the same, the Commissioners may have a warrant issued in the name of the Commissioners of Henlopen Acres. The warrant shall command him forthwith to remove or abate such obstruction, nuisance, or unsanitary condition. The Town Clerk shall forthwith proceed to remove or abate the same and, to that end, he shall have full power and authority to enter into and upon any lands and premises in the Town. He shall likewise have the authority to take with him such assistants, implements, vehicles or other things as may be necessary and proper to do and perform all matters and things in connection with the removal or abatement of such obstruction, nuisance, or unsanitary condition.
(b) At the regular monthly meeting of the Town Commissioners next succeeding the delivery of the warrant to him, the Town Clerk shall make a return to the Commissioners of his proceedings upon the warrant and shall specify the costs and expenses of all necessary work, labor, and proceedings incurred by him in the abatement or the removal of the same.
(c) At such meeting, the Commissioners shall determine, from the return of the Town Clerk, the costs and expenses of all necessary work, labor, and proceedings in reference to the abatement or removal of such obstruction, nuisance, or unsanitary condition. The Commissioners shall issue or have issued a warrant, containing an itemized account of that information, together with the name and last and best known address of the person from whom the Commissioners shall determine the amount to be due and shall deliver such warrant to the Town Clerk. The warrant shall command him forthwith to collect the amount stated to be due thereon from the person or persons designated therein. The Town Clerk shall forward to such person or persons, in a sealed wrapper, a true and correct copy of the warrant by depositing the same in the United States mails and addressed to such person's or persons' last and best known post office address. If such person or persons shall refuse or neglect to pay the same to the Town Clerk for the use of the Town within thirty (30) days from the date of the mailing of such true and exact copy of the warrant, the Town Clerk shall then be authorized and required to collect the same in any of the manners hereinbefore provided.
JETTIES, BULKHEADS, EMBANKMENTS
Section 29. The Commissioners of Henlopen Acres shall have the power and authority to locate, lay-out, construct, widen, extend, improve, repair, vacate or abandon jetties, bulkheads, embankments, boardwalks and piers for the preservation of any beach or strand within the limits of the Town to the ends that the same may be preserved and property may be protected. In the locating, laying-out, constructing, widening, extending, improving, repairing, vacating or abandoning of any such jetties, bulkheads, embankments, boardwalks and piers, the Commissioners shall have full power and authority to use such materials and substances and such methods of construction and shall employ such contractors, engineers, inspectors, and others as the Commissioners shall deem expedient and advisable. For the purpose of this Section the Commissioners shall have full power and authority to expend such part or parts of the money of the Town, in the general fund of the Town which is not otherwise appropriated.
Section 30. (a) The Commissioners of Henlopen Acres shall have full power and authority to provide an ample supply of pure water for the Town and the inhabitants thereof. To this end, it shall have full power and authority to purchase, acquire by grant or gift, lease, erect, construct, maintain, operate, extend, enlarge, re-new, replace and control wells, reservoirs, pumping machines and stations, tanks, standpipes, water mains, fire hydrants and all other instruments for the collection, storage, purification, conveyance and distribution of water, over, on, under or through the lands controlled by the Town Council or belonging to private individual or individuals.
(b) The Commissioners shall have power to enact ordinances, rules and regulations in regard to the use for public or private purposes of water furnished by the Town; the amounts to be paid by the users thereof; the means or methods whereby the same shall be collected; the fixing of fines, or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or equipment of the Town.
(c) The Town Commissioners shall have the power to make contracts for the purchase of water with any responsible person, firm or corporation and to distribute the same to users within or without the said Town with the same full powers as if such water had been initially reduced to usefulness by the Town itself.
Section 31. The Commissioners of Henlopen Acres shall have the full jurisdiction and control, within the limits of the Town, of the drainage of all water thereof, together with the rights to alter and change the course and direction of any of the natural water courses, runs and rivulets within the limits of the Town and may pass ordinances for the opening of gutters, surface water and underground drains and sewers within the limits of the Town. The Commissioners of Henlopen Acres shall also have full power to regulate, maintain, clean and keep the natural water courses, runs and rivulets within the Town limits open and clean and unobstructed.
BORROWING MONEY AND ISSUANCE OF BONDS
Section 32. (a) Subject to approval by the referendum of a majority of the voters of Henlopen Acres, the Commissioners may borrow money not to exceed a total of $100,000 and are hereby authorized and empowered to issue bonds or other kinds or forms of certificate or certificates of indebtedness pledging the full faith and credit of the Town of Henlopen Acres, or such other security or securities as the Commissioners shall elect, for the payment of the principal thereof and the interest due thereon. The Commissioners may borrow money with the approval of a majority vote of the Commissioners, in an amount not to exceed an outstanding total of five thousand dollars ($5,000.00).
(b) All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the Commissioners of Henlopen Acres in pursuance hereof shall be exempt from all State, County or municipal taxes.
(c) This power or authority to borrow money may be exercised by the Commissioners of Henlopen Acres to provide funds for, or to provide for the payment of, any of the following projects or purposes:
1. Refunding any or all outstanding bonds or other indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein;
2. Meeting or defraying current annual operating expenses of the Town in an amount equal to but not in excess of currently outstanding, due and unpaid taxes, water rents, license fees, or other charges due the Town and available, when paid, for meeting or defraying current annual operating expenses of the Town;
3. Erecting, extending, enlarging, maintaining, and repairing any plant, building, machinery, or equipment for the supplying or disposal of water, sewerage or drainage waters, or any of them, and the condemning or purchasing of any lands, easements and rights-of-way which may be required therefor;
4. Constructing, paving, laying-out, widening, extending, repairing and maintaining streets, lanes, alleys, and ways and the paving, constructing, laying-out, widening, extending, repairing and maintaining of curbing and gutters along the same and the condemning or purchasing of any lands, easements or rights-of-way which may be required therefor;
5. Constructing, laying-out, widening, extending, repairing and maintaining boardwalks, piers, jetties, bulkheads, sidewalks, cross-walks, or embankments, or any of them, and the condemning or purchasing of any lands, easements or rights-of-way which may be required therefor;
6. Defraying the cost to the Town of any other municipal improvement provided for or authorized or implied by the provisions of this Charter.
(d) In those cases where the power or authority hereby vested in the Commissioners of Henlopen Acres is sought to be exercised for the purpose of refunding any or all outstanding bonds or other indebtedness of the Town at a rate of interest equal to or less than the indebtedness thereby sought to be refunded and in all instances provided for in sub-paragraph 2 above, it shall not be necessary for the Commissioners of Henlopen Acres to call a special election of the taxables of the Town to secure their approval of such borrowing.
(e) In all other instances the power to borrow money and to secure the payment thereof by the issuance of bonds or other kinds or forms of certificate or certificates of indebtedness for any other purpose or purposes above specified shall be only exercised in the following manner.
(f) The Commissioners shall adopt a resolution proposing unto the electors of the Town that money be borrowed by the Town for any of the above named purposes. The resolution proposing the borrowing shall plainly set forth the following matters:
1. The amount of money, or the amount of money not exceeding which, it is proposed shall be borrowed;
2. The rate of interest, or the rate of interest not exceeding which, it is proposed shall be paid;
3. The manner in which it is proposed to be secured;
4. The manner in which it is proposed that it shall be paid, or funded, or both;
5. A short and clear description of the purpose or purposes for which the money or monies shall be used, and which description shall include the estimated cost of carrying out the purpose or purposes aforesaid; and
6. A statement of the time and place for a public hearing upon the resolution, where the Commissioners of Henlopen Acres shall vote upon the final authorization for the loan.
(g) It shall then be the duty of the Commissioners to give notice of the time and place of such public hearing upon the resolution by publishing a copy of the resolution aforesaid in at least one issue of a newspaper having general circulation in the Town of Henlopen Acres at least one week before the time fixed for said hearing and by posting copies thereof in two (2) conspicuous public places throughout the said Town at least one week before the time fixed for said hearing.
(h) At the time and place specified in the notice, the Commissioners shall sit in public session. At this public session, or an adjourned session thereof, the Commissioners shall vote upon a resolution to give its final authorization for the loan. In order for this Resolution to be effective to authorize the loan, it must be passed by the affirmative vote of two-thirds (2/3rds) of the elected members of the Town Commission. A copy of the Resolution shall be entered in the Minutes of the next meeting of the Commissioners and another copy shall be filed with the papers of the Commissioners of Henlopen Acres.
(i) The form of the bonds or certificates of indebtedness and the thereunto attached coupons, if any, the time or times of payment, the time or times of payment of interest, the classes, the series, the maturity, the registration, any callable or redeemable feature, the denomination and the name thereof an any other relative or pertinent matters pertaining thereto shall all be determined by the Town Commissioners of Henlopen Acres. The bond or bonds or certificate or certificates of indebtedness shall be offered for sale to the best and most responsible bidder, therefore after advertisement in a newspaper having general circulation in the Town and otherwise if the Commissioners shall deem it necessary for at least fifteen (15) days before offering the same for sale; provided, that money may be borrowed to meet current operating expenses as hereinbefore provided by sub-section 2 of the third paragraph hereof, at public or private sale, without first advertising the offer of any such bonds or certificates of indebtedness for sale.
(j) All bonds or certificates of indebtedness forming a single issue need not be offered for sale at a single sale but any given issue of bonds or certificates of indebtedness authorized as hereinbefore provided may be advertised and sold in whole or in part, from time to time and until the entire authorized issue be disposed of, as the Commissioners of Henlopen Acres may deem most advisable.
(k) The Commission shall provide in its budget and in fixing of the rate of tax, or otherwise, for the payment of principal of such bond or bonds or certificate or certificates of indebtedness at the maturity thereof together with the interest due or which may hereafter become due thereupon and, in a proper case, it shall also provide a sinking fund therefor.
(1) Unless any such bond or bonds or certificate or certificates of indebtedness shall otherwise provide therein, the faith and credit of the Town of Henlopen Acres shall be deemed to be pledged for the due payment of any such bond or bonds or certificates or certificate of indebtedness and interest thereon according to its terms when and after the same have been duly and properly executed, delivered and due value received therefor.
(m) In no event shall the indebtedness of the Town of Henlopen Acres, for any and all purposes, at any one time exceed, in the aggregate, fifteen (15) per centum of the assessed value of all real property situated within the confines of the Town limits and subject to assessment for the purpose of levying the annual tax hereinbefore provided.
(n) In the event any public property, or estate of the Town of Henlopen Acres and/or the Commissioners of Henlopen Acres shall be destroyed or damaged to any extent whatever by fire, wind, flood, or other catastrophe or calamity arising from forces outside the human control, the Commissioners of Henlopen Acres shall be, and they are hereby, authorized to obtain a loan or loans to raise such funds as may be necessary to repair and/or replace any and all such public property or estate so destroyed or damaged. A public hearing shall be held and a resolution passes by two-thirds (2/3rds) of the elected members of the Town Commission before the Commissioners may proceed to obtain the funds by loan or loans.
EXEMPTION OF PROPERTY FROM TAXATION
Section 13. The Commissioners of Henlopen Acres shall, within its sound discretion, have the authority, by ordinance, or by resolution, to exempt, relieve, release, and exempt any person, firm, association or corporation from the payment of any or all taxes, assessments, license fees, or other charges due the Town for a period which shall be set by the vote of two-thirds (2/3rds) of the Town Commissioners.
Section 34. (a) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be awarded to the bidder submitting the lowest and best bid; provided, however, that competitive bidding shall not be required in 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 Town 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 Town Clerk;
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 exists.
LIMITATION OF ACTIONS
Section 35. No action, suit or proceeding shall be brought or maintained against the Town of Henlopen Acres for damages, either compensatory or punitive, on account of any physical injury or injuries, death or injury to property by reason of the negligence of the Town Commissioners of Henlopen Acres or any of its departments, officers, agents, or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted within ninety days from the happening of such injury or the suffering of such damage, shall notify the Commissioners of Henlopen Acres in writing of the time, place, cause, character and extent of the injuries sustained so enrolled or damages suffered. Any suit brought against the Commissioners of Henlopen Acres shall be against them only in their capacity as representatives of the Town Government and not as individuals.
Section 36. It shall be the duty of the Commissioners, at reasonable times, or time, to compile the ordinances, codes, orders, and rules of the Commissioners of Henlopen Acres. They shall have a reasonable number of copies printed for the use of the officials of the Town and for public information. From time to time, upon the enactment of new ordinances, codes, rules and regulations, or upon the enactment of amendments to the same, the Commissioners shall enroll the same in the minutes of the Town Commissioners and shall keep copies of the same in a book to be provided for that purpose so that the same may be readily examined. They shall furnish to the Mayor of the Town of Henlopen Acres copies thereof as they are enacted; and therefrom may cause supplements to be compiled and printed to any compendium thereof heretofore printed as above provided.
Section 37. The Commissioners of Henlopen Acres shall have the power to inquire into and investigate the conduct of any office, officer or employee of the Town and to make investigations of all municipal affairs, and, for any such purpose or purposes, shall have the power to subpoena witnesses, administer oaths and compel the production of books, papers or other evidence.
SURVIVAL OF POWERS AND VALIDATING SECTION
Section 38. (a) All powers conferred upon or vested in the Town of Henlopen Acres or the Commissioners of Henlopen Acres by any Act or Law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon and vested in the Town of Henlopen Acres and/or the Commissioners of Henlopen Acres precisely as if each of said powers was expressly repeated in this Charter.
(b) Excepting as may be herein provided expressly to the contrary, every and all Sections or parts of Sections of this Act shall become effective immediately upon its approval.
(c) The authority vested in the Commissioners of Henlopen Acres and the taxables of the Town of Henlopen Acres by Section 1 of this Act shall apply with equal force and effect to all loans which may be required to raise funds necessary to replace and/or repair all such public property or estate as might have been so destroyed or damaged at a time or times preceding the enactment and approval of this Act as well as at a time or times after the date of the enactment and approval hereof.
(d) All acts or parts of acts inconsistent with or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency only.
(e) If any part of this Act shall be held invalid or unconstitutional, such holding shall not be deemed to invalidate the remaining provisions hereof.
(f) This Act shall be taken as and deemed to be a public act of the State of Delaware.
EFFECTIVE DATE OF ACT
Section 39. This Act shall become effective on being signed into law by the Governor of the State of Delaware and acceptance of same by referendum of a majority of the qualified voters of Henlopen Acres to be held within sixty (60) days after the Act is signed by the Governor. For purposes of the referendum referred to within this section, qualified voters shall be as defined in paragraph (d) of Section 5 of this Act.
Approved June 4, 1970.