CHAPTER 240

FORMERLY

SENATE BILL NO. 580

AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE.

WHEREAS, on May 10, 1980, the people of the Town of Elsmere voted in favor of certain amendments to the Charter of the Town of Elsmere; and

WHEREAS, due to certain economic conditions facing the Town of Elsmere it is necessary to enact in advance certain fiscal provisions of the Charter changes, the remaining items approved in the-referendum to become law pursuant to Chapter 8 of Title 22 of the Delaware Code.

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 28 of the Charter of the Town of Elsmere by striking it in its entirety and substituting in lieu thereof a new Section 28 to read as follows:

Section 28: FISCAL YEAR

The fiscal year of the Town of Elsmere shall begin on the first day of October of each year and shall end on the last day of September. Such fiscal year shall also constitute the budget and accounting year, except as otherwise provided herein.

Section 2. Amend Section 31 of the Charter of the Town of Elsmere by striking in its entirety and substituting in lieu thereof a new Section 31 to read as follows:

Section 31. POWER TO RAISE REVENUE

The Council shall have the power to levy and collect taxes on real property within the limits of the Town, except that which is not assessable and taxable by virtue of any law of the State of Delaware; provided that the amount so collected shall not exceed one and one-half percent (1 1/2%) of the assessed value of real estate within the Town in any one fiscal year clear of all delinquencies and expenses of collection. The Council shall have the right to grant and refuse and to charge fees for licenses or permits for traveling shows and other business of any description within the limits of the Town. The Council shall also have the power to collect franchise fees and to impose sewer rental on sanitary sewers. (The Council must have at least five or six votes to increase existing taxes, or to impose new taxes.)

The Council may, in its discretion, exempt from Town taxation any manufacturing plan employing fifty or more employees hereafter established within the Town of Elsmere or brought within the boundaries of the Town by virtue of any annexation for a period of ten years from the time said plant is established or brought within the boundaries of the Town of Elsmere.

The Council may by ordinance, exempt from Town taxation any and all persons over the age of sixty-five (65) years subject to limitations on income as by such ordinance will be provided.

The Council shall have the power by ordinance to allow for discounts for early payment of taxes, to impose reasonable penalties, interest and forfeitures for tax delinquencies and to review and determine proper and appropriate properties to be exempt from taxation.

The Council shall have the power to fix the rates for general utility services
Ts operated by the Town and to collect and utilize revenues from such utility services for the benefit of the Town.

Section 3. Amend Section 34 of the Charter of the Town of Elsmere by striking it in its entirety and substituting in lieu thereof a new Section 34 to read as follows:

Section 34. BORROWING, FOR CURRENT EXPENSES

Whenever the needs of the Town shall require more money than is, at the time, in the Town Treasury from current receipts, the Council shall be authorized and empowered to anticipate current revenue by borrowing such amounts as are needed. Provided, however, that the amount of such indebtedness shall not at any time exceed the sum of Seventy-Five Thousand Dollars ($75,000.00).

To exercise the power aforesaid the Council shall adopt a resolution to that effect. The indebtedness created under this provision shall be evidenced by notes of the Town, and the faith and credit of the Town shall be deemed to be pledged thereof. Such short term debt shall have a maturity of nine months or less, and shall not be considered as part of the bonded debt of the Town when limitations under the indebtedness as set forth elsewhere in this Charter, are computed.

Section 4. Amend Section 23 (a) (6) of the Charter of the Town of Elsmere by striking in its entirety and substituting in lieu thereof a new Section 23 (a) (6) to read as follows:

Section 23. (a) (6). PREPARATION AND APPROVAL OF BUDGET:

SEPARATION OF APPROPRIATION

The directors of the Department of Public Safety shall, some time before the first day of August of each year, present in writing to the Council a budget, the same showing an itemized statement of the amount of money that such directors estimate will be needed by such department to cover all the costs of conducting the Department of Public Safety for the ensuing year. After careful consideration of such budget, the council when it shall make its yearly appropriations for the conduct of other departments and agencies of the Town, shall make an appropriation in such amount of money as will meet the requirements of the budget as submitted by such department, and be consistent with the estimated income of the Town for the ensuing fiscal year.

Section 5. Amend Section 29 the Charter of the Town of Elsmere by striking in its entirety and substituting in lieu thereof a new Section 29 to read as follows:

Section 29. BUDGET

Annually each year and not later than the first Thursday in September the Council shall cause to be submitted a budget containing a financial plan for conducting the affairs of the Town for the ensuing fiscal year.

The budget shall contain the following information:

(I) A detailed estimate of the expense of conducting each department and office of the Town for the ensuing fiscal year; provided that the Council may, if it deems fit, break down such estimate in some appropriate manner other than by departments or offices.

(2) The value of supplies and materials on nand, together with the nature and kind of any machinery or other implements and the condition thereof.

(3) The amount of the debt of the Town, together with a schedule of maturity of bond issues.

(4) A statement of the amount of interest on the bonded debt, the amount necessary to pay any bond maturing during the year, and the amount required for the sinking fund, if any.

(5) An estimate of the amount of money to be received from taxes and all other anticipated income of the Town from any source or sources.

(6) Council shall allow adequate reserve for depreciation.

The budget shall be used as a guide in determining Town expenditures but shall not be a limitation upon the power of the Council to appropriate funds in excess of the amounts set forth in the budget, if in its discretion it seems advisable to do so.

Approved May 15,1980.