CHAPTER 154

FORMERLY

SENATE BILL NO. 286

AN ACT TO AMEND AN ACT BEING CHAPTER 194, VOLUME 45 OF THE LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF MILTON," TO ESTABLISH THE QUALIFICATIONS FOR MEMBERS OF COUNCIL, TO REMOVE ANY LIMITATION ON THE AMOUNT OF CAPITATION TAXES WHICH MAY BE COLLECTED, TO ESTABLISH A PLACE OF SAFE KEEPING FOR THE BOOKS AND RECORDS, TO ESTABLISH THE QUALIFICATIONS FOR THE ALDERMAN, AND TO PROVIDE A PENALTY AND COLLECTION FEE FOR THE COLLECTION OF DELINQUENT TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 5, Chapter 194, Volume 45 of the Laws of Delaware, as amended, by striking said Section 5, in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. Council

The Council shall be composed of six (6) members. Each member of Council shall be a qualified voter of the Town of Milton, as provided in this Charter. If any member of Council, at any time during his tenure of office, fails to maintain the qualifications of a qualified voter, such failure, ipso facto, shall vacate his office."

Section 2. Amend Section 26 (31), Chapter 194, Volume 45 of. the Laws of Delaware, as amended, by striking said Section 26 (31) in its entirety and substituting in lieu thereof a new Section 26 (31) to read as follows:

"Section 26 (31). To levy and collect a personal or per capita tax upon all persons resident within the corporate limits of the Town of Milton."

Section 3. Amend Section 29, Chapter 194, Volume 45 of the Laws of Delaware, as amended, by striking the last sentence of the first paragraph thereof in its entirety and substituting in lieu thereof a new sentence to read as follows:

"He shall keep all such books, journals, records, and all other documents entrusted to his care at the Town Office."

Section 4. Amend Section 33, Chapter 194, Volume 45 of the Laws of Delaware, as amended, by striking the first sentence thereof in its entirety and substituting in lieu thereof a new sentence to read as follows:

"The Alderman appointed at the Annual Organization Meeting shall have such qualifications as shall be prescribed by the Mayor and the Council."

Section 5. Amend Section 46, Chapter 194, Volume 45 of the Laws of Delaware, as amended, by striking the last paragraph thereof in its entirety and substituting in lieu thereof a new last paragraph to read as follows:

"All amounts shown to be due by any Annual Revenue List and the warrant issued unto the Collector thereon shall be due and payable, without demand, upon the delivery of the duplicate list and warrant unto the Collector. In the collection of such amounts, before the first day of August next following the date of its delivery unto the Collector, no interest nor penalty shall be added to the amount assessed by the Town Council. On all amounts paid on or after the first day of August as aforesaid, interest at the rate of one-half of one percent (.5%) per month and an additional sum of one percent (1%) per month as a penalty shall be added until the same shall have been paid. The Council shall have the power to make just allowance for delinquencies in the collection of taxes. All amounts unpaid on or after the first day of August, as aforesaid, shall be considered delinquent. In effecting collection of any delinquent amount, the Town Council may impose a collection charge not to exceed eighteen percent (18%) of the amount so collected and any interest or penalty imposed thereon."

Approved July 14, 1977.