CHAPTER 290

FORMERLY

HOUSE BILL NO. 961

AN ACT TO AMEND AN ACT, BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFGRD."

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

Section 1. Subsection (C), Section 25, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the third sentence as it appears in said Subsection (C) and substituting in lieu thereof a new sentence to read as follows:

"The said real and personal property shall be assessed at its actual and true value provided that any real estate within the corporate limits of the City neither laid out in building lots nor plotted as such and containing in excess of five (5) acres and used exclusively for recreational purposes by non-profit organizations, or as farm land shall be exempt from taxation for City purposes."

Section 2. Subsection (J), Section 2, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (J) and substituting in lieu thereof a new Subsection (J) to read as follows:

"(J) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the City and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. If a favorable vote for annexation shall have been cast, the City Council of the City of Seaford shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, but in no event shall such recordation be completed more than ninety (90) days following the favorable Referendum. The territory considered for annexation shall be considered to be a part of The City of Seaford from the time of recordation. The failure of the City of Seaford to record the description and plot within the time hereinbefore specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of favorable election. In the event that the Referendum results in an unfavorable vote for annexation, all or any part of the territory considered at the special election for annexation may again be considered for annexation at any time after the date of the unfavorable vote provided the procedures set forth in this Section receive compliance."

Section 3. The third paragraph of Subsection (G), Section 35, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words and figures "Fifteen (15) percent" and substituting in lieu thereof the words and figures "Twenty-five (25) percent."

Section 4. Section 14, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same as hereby further amended by adding at the eni:I:`itTdd Section 14 a new paragraph to read as follows:

"All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by advertising and by competitive bidding in the awarding of contracts to the lowest responsible bidder; PROVIDED HOWEVER, that competitive bidding shall not be required under any of the following circumstances:

(1) The aggregate amount involved is not more than five thousand dollars ($5,000.00);

(2) The purchase or contract is for personal or for professional services;

(3) The purchase or contract is for any service rendered by a university, college, or any 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 city council will not permit the delay incident to advertising;

(7) The purchase or contract is for property or services for which the City Council determines the price received after competitive bidding are unreasonable as to all parts of the requirements or were not independently reached in open competition;

(8) A public emergency as determined by the City Manager exists."

Section 5. Section 31, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the last sentence of said Section 31.

Section 6. Section 4 (A) Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Section 4 (A) and substituting in lieu thereof a new Section 4 (A) to read as follows:

GENERAL POWERS

"Section 4 (A). The inhabitants of The City of Seaford within the limits and boundaries referred to in Section 1 of this Act or within the limits and boundaries established subsequent to May 5, 1961, shall be and they are hereby created a body politic and corporate in law and in equity by the corporate name of "The City of Seaford," hereinafter called the City and under that name shall have perpetual scccession, may have and use a corporate seal which may be altered, changed or renewed at pleasure; may sue and be sued, plead and be impleded 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 condemnation real property and personal property within or without its boundaries for any municipal purpose, in fee simple or for lessor estate or interest, and 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 objects and purposes of this Act, subject, however, to other Sections of this Act, provided, however, that any property owned by the City, the value of which in the opinion of the members of the City Council equals or exceeds Fifty Thousand Dollars ($50,000.00) shall not be sold or leased without the approval of a majority of the eligible voters of the City who vote at a Special Election called for that purpose. At such Special Election, every owner of property, whether individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. Each bonafide resident of the City who is not a property owner and who would be eligible to register and vote in the Annual Municipal Election if the said Annual Municipal Election were held on the day of the Special Election shall have one (I) vote notwithstanding such person is not registered.

As hereinafter provided in this Charter relative to power to issue bonds, the City shall have all powers and functions requisite to or appropriate for the government of the City, its peace and order, its sanitation, beauty, and the health, safety, convenience, comfort and well being of its population, and the protection and preservation of property, public and private; and all action, suits and proceedings shall be brought in the name of "The City of Seaford."

Section 7. Section 3, Chapter 42, Volume 53, Laws of Delaware as amended, be and the saThiTtrirereby further amended by striking out all of said Section 3 and substituting a new Section 3 to read as follows:

"Section 3. The Government of the City and the exercise of all power conferred by this Charter, except as otherwise provided herein, shall be vested in a Mayor and City Council. The term of the Mayor of the City of Seaford shall be a period of two (2) years and he shall receive an annual salary not to exceed One Thousand Eight Hundred Dollars ($1,800.00). The City Council shall be composed of five (5) members, each of whose terms shall be for a period of three (3) years. Each member of the City Council shall receive an annual salary not to exceed One Thousand Two Hundred Dollars ($1,200.00)."

Approved June 27, 1980.