CHAPTER 358

FORMERLY

SENATE BILL NO. 514

AN ACT TO AMEND AN ACT, BEING CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO" TO AMEND THE QUALIFICATIONS FOR VOTERS AT THE ANNUAL MUNICIPAL ELECTION, TO PROVIDE FOR THE APPOINTMENT OF A TOWN CLERK, TO DELETE THE PROVISION FOR A TOWN MANAGER, TO ELIMINATE THE REQUIREMENT THAT THE PRESIDENT OF COUNCIL BE ELECTED BY BALLOT, TO PROVIDE FOR A TREASURER OF THE TOWN, AND TO PERMIT A COLLECTION CHARGE TO BE IMPOSED ON DELINQUENT ACCOUNTS.

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. Section 6, Chapter 457, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Section 6 and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. The qualifications for Town Councilman at the time of his election shall be as follows:

(a) A bona fide resident of the United States and of the State of Delaware and a resident of The Town of Millsboro for at least ninety (90) days next preceding the Annual Municipal Election; and

(b) At least eighteen (18) years of age;

(c) Each of the qualifications for Town Councilman shall be continuing qualifications to hold office and the failure of any of the Town Councilmen to have any of the qualifications required by this Section during his term of office shall create a vacancy in that Office."

Section 2. Subsection (a), Section 7, Chapter 457, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "Manager" as it appears in said Subsection (a) and substituting in lieu thereof the word "Clerk."

Section 3. Subsection (b), Section 7, Chapter 457, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (b) and substituting in lieu thereof a new Subsection (b) to read as follows:

"All such notifications of candidacy must be filed in the Town Office during the regular business hours of the Town on or before the close of business on the last Friday in the month of May; and thereupon it shall be the duty of the Secretary of the Town Council to have a list of all candidates so filed with him printed in a newspaper of general circulation in the Town of Millsboro at least five (5) days prior to the date of the said Annual Municipal Election next ensuing; or, in the discretion of the Town Council, the Secretary may post a list of names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Town Council. One of the said public places shall be in the Town Hall of The Town of Millsboro."

Section 4. Subsection (c), Section 7, Chapter 45?, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "Manager" as it appears in said Subsection and substituting in lieu thereof the word "Clerk."

Section 5. Subsection (h), Section 8, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out all of said Subsection (h) and substituting in lieu thereof a new Subsection (h) to read as follows:

(h) At such Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the said Annual Municipal Election and who shall be a bona fide resident of the Town of Millsboro shall have one (1) vote.

Section 6. Subsection (b), Section 9, Chapter 457, Volume 60, Laws of Delaware, is hereby amended by striking out all of said Subsection (b) and substituting in lieu thereof a new Subsection (b) to read as follows:

"(b) At the annual meeting held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect a President and a Vice-President who shall hold office for the term of one (1) year or until their respective successors shall be duly qualified and elected. The person elected as President of the Town Council shall have the title of Mayor of The Town of Millsboro. The Town Council shall likewise select a Secretary and a Treasurer from their own number to serve until the first regular meeting after the next Annual Municipal Election. The Town Council may also select a Town Clerk to serve until the first regular meeting following the next Annual. Municipal Election who may or may not be from among their own number and such other officers and employees as may be determined to be necessary".

Section 7. Subsection (b), Section 17, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the word "registered" as it appears in said Subsection (b).

Section 8. Section 18, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out all of said Section 18 and substituting in lieu thereof a new Section 18 to read as follows:

"TREASURER

Section 18. (a) The Treasurer shall be the custodian of all the funds of the Town. He shall deposit, or cause to be deposited, such funds in such banking institutions as may be prescribed by the Town Council. The Treasurer, together with such other members of the Town Council, as shall be authorized by Resolution of the Town Council, shall be authorized to execute checks, but no funds shall be paid out except as authorized by the Town Council.

(b) The Treasurer shall keep a true, accurate and detailed account of all funds received and of all funds paid out by the Treasurer. The Treasurer shall preserve all vouchers for moneys paid out and the books and records shall, at all times, be open to inspection by any member of the Town Council. The Treasurer shall make a report at each regular meeting of the Town Council and at such other times as may be required by the Town Council. All such reports shall be a part of the minutes of the Town Council.

(e) The Treasurer shall file with The Town of Millsboro a bond with corporate surety approved by the Town Council in a sum not less than Twenty-five Thousand Dollars (525,000.00), the premium for said bond to be paid by the Town Council. The bond shall be conditioned upon the faithful performance by the Treasurer of his duties of office and the restoration to the Town in the case of his death, resignation, or removal from office of all books, papers, vouchers, funds and other property of whatever kind in his possession belonging to The Town of Millsboro.

(d) Annually each year and not later than sixty (60) days prior to the beginning of the next fiscal year, the Treasurer shall prepare a rough draft of a Town Budget. From this rough draft, the Town Council shall prepare the Town Budget.

(e) The Treasurer shall perform such other duties relative to the finances of The Town of Millsboro as the Town Council may from time to time prescribe or require."

Section 9. Section 20, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out all of said Section 20 and inserting in lieu thereof a new Section 20 to read as follows:

"TOWN CLERK

Section 20. (a) The Town Council of The Town of Millsboro annually may appoint a Town Clerk who shall be responsible to the Town Council of The Town of Millsboro for the proper administration of the affairs of the Town placed in his charge.

(b) No person holding the office of Town Councilman shall be chosen to be the Town Clerk during his term of office as Councilman.

(e) The Town Clerk shall at each regular monthly meeting render to the Town Council a true, accurate and detailed account of all moneys collected or received by him in the performance of his duties and shall promptly turn the same over to the Town Council.

(d) The Town Clerk shall prepare and submit to the Town Council such reports as may be required by the Town Council. The Town Clerk shall perform such other duties as may be required by the Town Council."

Section 10. Subsection (a), Section 23, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "of the Town Manager" and substituting in lieu thereof the words "the Chairman of the Police Committee."

Section 11. Section 27, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager" as they appear in said Section and substituting in lieu thereof the words "Town Clerk."

Section 12. Section 28, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager" as they appear in said Section and substituting in lieu thereof the words "Town Clerk."

Section 13. Subsection (b), Section 29, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager" as they appear in said Subsection and substituting in lieu thereof the word "Treasurer."

Section 14. Section 31, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager as they appear in said Section and substituting in lieu thereof the word "Treasurer."

Section 15. Subsection (a), Section 32, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager" as they appear in said Subsection and substituting in lieu thereof the words "Town Clerk."

Section 16. Subsection (b), Section 33, Chapter 457, Volume 60, Laws of Delaware, be and the same is hereby amended by striking out the words "Town Manager" as they appear in said Subsection and substituting in lieu thereof the words "Town Clerk."

Section 17. Section 30(a), Chapter 457, Volume 60, Laws of Delaware, as amended, is further amended by adding nt the end of snid section a subsection to be known as subsection (44) to read as follows:

"(44) To effect the collection of any delinquent charge the Town Council of the Town of Millsboro may impose a collection charge not exceeding eighteen percent (18%) of the amount of such charge and any interest or penalty imposed thereon."

Approved July 10, 1980.