CHAPTER 468

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

TOWN OF ELSMERE, DELAWARE PROCLAMATION: ELSMERE HOME RULE CHARTER

WHEREAS, the Council of the Town of Elsmere, a municipal corporation of the State of Delaware, by Resolution dated April 1, 1980, resolved that Proposed Amendments to the Charter of the Town of Elsmere be submitted to the qualified voters of the Town of Elsmere for their approval by referendum at the election to be held on May 10, 1980.

WHEREAS, the Council of the Town of Elsmere has canvassed the vote on the Proposed Amendments to the Charter and has certified the results to the Mayor of the Town of Elsmere;

NOW, THEREFORE, I, John L. Mitchell, Sr., Mayor of the Town of Elsmere, do hereby proclaim that the result of the referendum on May 10, 1980, was as follows:

Division #1 - Amendment to Section 34

282 votes for 247 votes against

Division #2 - Amendment to Section 31

274 votes for 230 votes against

Division #3 - Amendment to Section 28

295 votes for 205 votes against

Division #4 - Amendments to Section 4

307 votes for 189 voters against

IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this 12th day of May, A. D. 1980.

John L. Mitchell, Sr.

Mayor

Section 4. DISTRICTS

The City of Elsmere shall be divided into six districts as follows:

DISTRICT 1: BEGINNING at a point of intersection of the center line of New Road with the Center line of DuPont Road; thence southeasterly along the center line of DuPont Road to its intersection with Little Mill Creek and the southerly boundary line of the City of Elsmere; thence along the southerly, easterly and northerly boundary lines of the City of Elsmere to its intersection with the center line of Gray Avenue; thence southwesterly along the center line of Gray Avenue to its intersection with the center line of Pardee Avenue; thence northwesterly along the center line of Pardee Avenue to its intersection with the center line of Cleveland Avenue; thence southwesterly along the center line of Cleveland Avenue to its Intersection with the center line of DuPont Road; thence southwesterly along the center line of DuPont Road to its intersection with New Road and the point and place of BEGINNING.

DISTRICT 2: BEGINNING at the point of intersection of the center line of New Road with the center line of DuPont Road; thence southeasterly along the center line of DuPont Road to its intersection with Little Mill Creek; thence southwesterly along Little Mill Creek and the southerly boundary line of the City of Elsmere to its intersection with the extension of the center line of Belmont Avenue; thence northerly along the center line of Belmont Avenue to its intersection with the center line of Maple Avenue West; thence northeasterly along the center line of Maple Avenue West to its intersection with the extension of Birch Avenue; thence northwesterly along the center line of Birch Avenue and its extensions to its intersection with the center line of New Road; thence northeasterly along the center line of New Road to its intersection with the center line of DuPont Road and the point and place of BEGINNING.

DISTRICT 3: BEGINNING at the point of intersection of the center line of New Road with the extension of the center line of Birch Avenue; thence southeasterly along the center line of Birch Avenue and its extensions to its intersection with the center line of Maple Avenue West; thence southwesterly along the center line of Maple Avenue West to its intersection with the center line of Belmont Avenue; thence southerly along the center line of Belmont Avenue and its extension to its intersection with Little Mill Creek; thence southwesterly and northwesterly along Little Mill Creek and the southerly boundary line of the City of Elsmere to its intersection with the center line of the Right of Way of the Baltimore and Ohio Railroad; thence northeasterly along the center line of the Right of Way of the Baltimore and Ohio Railroad to its intersection with the extension of the center line of Bungalow Avenue; thence northeasterly along the center line of Bungalow Avenue and its extension to its intersection with the center line of Sycamore Avenue; thence northeasterly along the center line of Sycamore Avenue to its intersection with Tamarack Avenue; thence northwesterly along the center line of Tamarack Avenue to its intersection with the center line of Robert Kirkwood Highway; thence northeasterly along the center line of Robert Kirkwood Highway and the center line of New Road to its intersection with the extension of the center line of Birch Avenue and the point and place of BEGINNING.

DISTRICT 4: BEGINNING at the point of intersection of the center line of Robert Kirkwood Highway and the center line of Tamarack Avenue extended; thence southeasterly along the center line of Tamarack Avenue to its intersection with the center line of Sycamore Avenue; thence southwesterly along the center line of Sycamore Avenue to its intersection with the center line of Bungalow Avenue; thence southeasterly along the center line of Bungalow Avenue and its extension to its intersection with the center line of the Right of Way of the Baltimore and Ohio Railroad; thence southwesterly along the center line of the Right of Way of the Baltimore and Ohio Railroad to its intersection with Little Mill Creek; thence northwesterly along Little Mill Creek and the Southwesterly boundary line of the City of Elsmere to its intersection with the center line of Chestnut Run (West Branch); thence northeasterly along the center line of Chestnut Run (West Branch) to its intersection with the center line of Maple Avenue; thence southeasterly along the center line of Maple Avenue to its intersection with the center line of Sycamore Avenue; thence northeasterly along the center line of Sycamore Avenue, approximately 320 feet to its intersection with the center line of an alley; thence northeasterly along the said alley to its intersection with the center line of Cypress Avenue; thence northeasterly along the center line of Cypress Avenue approximately 40 feet to its intersection with the extension of the center line of Beech Avenue; thence northeasterly along the center line of Beech Avenue and its extension to its intersection with the center line of Robert Kirkwood Highway; thence along the center line of Robert Kirkwood Highway to its intersection with the extension of the center line of Tamarack Avenue and the point and place of BEGINNING.

DISTRICT 5: BEGINNING at the point of intersection of the center line of Robert Kirkwood Highway with the center line of Beech Avenue Extended; thence southwesterly

along the center line of Beech Avenue and its extension to its intersection with the center line of Cypress Avenue; thence southwesterly along the center line of Cypress Avenue approximately 40 feet to its intersection with the center line of an alley; thence southwesterly along the center line of the alley to its intersection with the center line of Sycamore Avenue; thence southwesterly along the center line of Sycamore Avenue to its intersection with Maple Avenue; thence northwesterly along the center line of Maple Avenue to its intersection with the center line of Chestnut Run (West Branch) and the northwesterly boundary line of the City of Elsmere; thence northeasterly along the northerly boundary line of the City of Elsmere by its various courses to a point opposite the point of intersection of Olga Road and Sanders Road; thence leaving said boundary line southeasterly to the point of intersection of Olga Road and Sanders Road; thence southerly along the center line of Sanders Road to its intersection with the center line of Robert Kirkwood Highway; thence southwesterly along the center line of Robert Kirkwood Highway to a point of intersection with the center line of Beech Avenue Extended and the point and place of the BEGINNING.

DISTRICT 6: BEGINNING at the point of intersection of the center line of New Road and the center line of DuPont Road; thence southwesterly along the center line of New Road to its intersection with the center line of Sanders Road; thence northerly along the center line of Sanders Road to its intersection with Olga Road; thence northwesterly to a corner in the northerly boundary line of the City of Elsmere; thence northeasterly along the northerly boundary line of the City of Elsmere by its various courses and crossing the Philadelphia and Reading Railroad and DuPont Road to its intersection with the center line of Gray Avenue; thence southwesterly along the center line of Gray Avenue to its intersection with the center line of Pardee Avenue; thence northwesterly along the center line of Pardee Avenue to its intersection with the center line of Cleveland Avenue; thence southwesterly along the center line of Cleveland Avenue to its intersection with the center line of DuPont Road; thence southerly along the center line of DuPont Road to its intersection with the center of New Road and the point and place of BEGINNING.

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 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 rentals on sanitary sewers. The Council must have at least 5 of 6 votes to raise or lower 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 operated by the Town and to collect and utilize revenues from such utility services for the benefit of the Town.

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 thereby. 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.