CHAPTER 18

FORMERLY

HOUSE BILL NO. 77

AN ACT TO AMEND AN ACT ENTITLED: 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 House concurring therein):

Section 1. Section 1, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the words "Mayor and Commissioners of Henlopen Acres" and substituting in lieu thereof the words "The Town of Henlopen Acres".

Section 2. Section 3, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by deleting from said Section the last sentence thereof.

Section 3. Subsection (d), Section 5, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (d), Section 5, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(d) At the Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election, and who shall be a citizen of the United States of America and a bona fide resident of the Town of Henlopen Acres shall have one (1) vote and also, every person, male or female, who shall be a freeholder in the Town of Henlopen Acres, whether or not a resident of the Town of Henlopen Acres, shall have one (1) vote."

Section 4. Subsection (a), Section 8, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking the words "one day" as the same appear in the first sentence thereof and substituting in lieu thereof the words "three days".

Section 5. Subsection (a), Section 9, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 9, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(a) Each candidate shall file with the Town Clerk or Mayor of the Town of Henlopen Acres on or before the close of business on the Second Friday in July preceding the Annual Municipal Election letter or other certificate setting forth that he will be a candidate for a certain designated office, such letter to be effective shall be received prior to the time set forth herein."

Section 6. Subsection (b), Section 10, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (b), Section 10, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(b) Voting machines shall be used in all Annual Municipal Elections in which there is a contest for any elective office. Paper ballot may be used in any Annual Municipal Election in which there is no contest for any elective office."

Section 7. Subsection (a), Section 21, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(a) The Commissioners of Henlopen Acres or the Board of Assessment, if appointed as set forth in this Charter, may, prior to the second day in June of each year, make a just, true and impartial annual valuation or assessment of all real estate and all improvements located thereon situate within the corporate limits of the Town of Henlopen Acres, or the Commissioners of Henlopen Acres may, by Resolution, adopt as the annual assessment for the Town of Henlopen Acres the assessment for real estate and improvements located thereon as compiled by the Board of Assessment of Sussex County. In making such assessment, the rules and exemptions now applicable by law to the making of a County assessment of property shall be applicable insofar as consistent with the provisions of this Charter. All real estate and improvements located thereon shall be described with sufficient particularity to be identified. Real estate and improvements thereon shall be assessed to the owner or owners if they be known. If the owner or owners cannot be found or ascertained, the real estate and any improvement thereon shall 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 Board of Assessment in Sussex County."

Section 8. Subsection (b), Section 21, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in said subsection (b), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "June".

Section 9. Subsection (c), Section 21, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of subsection (c), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(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 a separate column of spaces. In making its assessment, the Commissioners of Henlopen Acres, or the Board of Assessment, as the case may be, shall make its valuation accordingly."

Section 10. Subsection (d), Section 21, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the first sentence of said subsection (d), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(d) The real estate, together with improvements located thereon of the Board of Assessment, if appointed, shall be assessed by the Commissioners of Henlopen Acres."

Section 11. Subsection (a), Section 22, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in subsection (b), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "June".

Section 12. Subsection (c), Section 22, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (c), Section 22, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(c) The Commissioners of Henlopen Acres shall then proceed to determine, assess, fix and/or levy the following:

(1) the rate of tax on real estate and on improvements located thereon per One Hundred Dollars ($100.00) of assessed value; and/or

(2) the amount of personal or per capita tax upon each qualified voter; and/or

(3) the rate of tax upon all poles, construction, erections, wires and appliances, more particularly mentioned or intended so as to be in subsection 26 (25) of this Charter, as amended; and/or

(4) the several rates to be charged for furnishing water service, sewer service, electric service, gas service; and/or

(5) the several license fees to be charged for carrying on or conducting of the several businesses, professions, or occupations more particularly mentioned or intended so as to be in Section 26 (26) of this Charter, as amended; and/or

(6) the rates or fees to be charged in respect to any other authorized source of revenue in their best judgment and estimation in order to realize the amount to be raised from each source determined by them to be used, as aforesaid ; provided, however, that sources 4, 5 and 6 may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Commissioners of Henlopen Acres as they, in their discretion, shall determine."

Section 13. Subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "June".

Section 14. Subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the last sentence of subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate and upon improvements located thereon per One Hundred Dollars ($100.00) of assessed value thereof."

Section 15. Subsection (d), Section 23, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "March" as the same appears in subsection (c), Section 23, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "September".

Section 16. Subsection (a), Section 25, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 25, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(a) The fiscal year for the Town of Henlopen Acres shall be from July 1st of one year to June 30th of the next succeeding year; provided, however, that for the period from the end of the present fiscal year until June 30, 1973, the Commissioners of Henlopen Acres shall provide a pro-rated budget."

Section 17. Subsection (b), Section 25, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (b), Section 25 Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(b) Annually each year and not later than the last week in May, the Town Clerk and the Treasurer shall prepare a rough draft of a Town Budget. From this rough draft, the Commissioners of Henlopen Acres shall, not later than July 10th of each year, prepare the Town Budget, containing the financial plan for conducting the affairs of the Town of Henlopen Acres for the ensuing fiscal year."

Section 18. Subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out Paragraph 16 of said subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"16. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon."

Section 19. Subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out Paragraph 19 as it appears in subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"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 Commissioners of Henlopen Acres shall select for the payment of the principal thereon and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town of Henlopen Acres shall be exempt from all State, County or Municipal taxes ; provided, however, that in no event shall the indebtedness of the Town of Henlopen Acres, for any and all purposes, at any time, exceed in the aggregate fifteen percent (15%) of the assessed value of all real estate, including improvements thereon, located within the corporate limits of the Town of Henlopen Acres subject to assessment for the purpose of levying the annual tax hereinbefore mentioned."

Section 20. Subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, to be designated as Paragraph 25, to read as follows:

"25. To levy and collect taxes upon all telephone, telegraph, power poles, pipelines, rail lines or other constructions or erections of a like character erected within the corporate limits of the Town, together with the wire or other applicances thereto or thereon attached; expressly excepting all telephone, telegraph, power lines or poles and rail lines owned or operated by any railroad or railway company engaged in interstate commerce, for any and all purposes, and to this end may at any time direct the same to be included in or added to the Town Assessment. In case the owner or Lessee of such constructions or erections, wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies for the collection of taxes set forth in Section 27 of this Charter, the Commissioners of Henlopen Acres shall have the authority to cause the same to be removed."

Section 21. Subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, designated as Paragraph 26, to read as follows:

"0. To license, tax, and collect fees annually for any and all municipal purposes (including the cost and expense of advertising the Town) of such various amounts as the Commissioners of Henlopen Acres from time to time shall fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the corporate limits of the Town of Henlopen Acres; provided, however, that nothing herein shall be so construed as to make it mandatory upon a resident of the State of Delaware to apply for a license in order to sell in the Town of Henlopen Acres farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.

Section 22. Subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, to be designated as Paragraph 27, to read as follows:

"1. To levy and collect a person or per capita tax upon all persons otherwise qualified to vote at any Annual Municipal Election to be used for any and all municipal purposes and not to exceed the sum of Five Dollars ($5.00) in any one year for each such person."

Section 23. Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by adding a new section following Section 30 to be designated as Section 30A, to read as follows:

SEWER SYSTEM

"Section 30A. The Commissioners of Henlopen Acres are hereby vested with full power and authority to provide, construct, extend, maintain, manage and control a sewer system for the health, sanitation and convenience of the inhabitants of the Town of Henlopen Acres on, over, under or through the streets, alleys, lanes, roadways or other highways; or on, over, under or through the lands of any person. The Commissioners of Henlopen Acres shall have the power to enact Ordinances, Rules and Regulations regarding the sewerage system and sewage treatment plant, if any, of the Town and the use thereof and the amounts to be paid by the users thereof and to fix fines and penalties, or both, for the wilful or negligent injury or damage to or interference with the said sewerage system or sewage treatment plant of the Town. The Commissioners may, at their option, furnish sewer facilities to places and properties outside the limits of the Town of Henlopen Acres upon such special terms, charges and conditions as the Commissioners may deem wise. In a proper case, the Commissioners of Henlopen Acres may require any property in the Town to be connected with the sewer system and may compel the owner to pay the charge of such connection and the tapping fee charge therefor, and in respect thereto may use any method provided in this Charter for the collection thereof. The Commissioners may, at their option, contract for and purchase sewer disposal service from Sussex County or any other municipality or political subdivision of the State of Delaware, and to resell the same to users within or without the Town of Henlopen Acres with the same powers as though such service had been initially provided by the facilities therefor of the Town of Henlopen Acres itself. The Commissioners in Henlopen Acres may, by condemnation proceedings, take private land or property or the right to use private land or property under, over or on the surface thereof for the proper operation or extension of the sewer system or sewage treatment plant in the Town of Henlopen Acres. The proceedings for condemnation under this Section shall be the same as prescribed by the general laws of eminent domain in Title 10, Delaware Code of 1953, as amended. Such condemnation proceeding may also be used by the Commissioners of Henlopen Acres in order to acquire private property and comply with any contract for the purchase of sewer disposal service."

Section 24, Subsection (m), Section 32, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended, by striking out all of subsection (m), Section 32, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following:

"(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 percent (15%) of the assessed value of all real estate including improvements located thereon situate within the confines of the Town of Henlopen Acres and subject to assessment for the purpose of levying the annual tax herein-before provided."

Approved April 16, 1973.