CHAPTER 347

FORMERLY

HOUSE BILL NO. 677

AN ACT TO AMEND CHAPTER 167, VOLUME 40, LAWS OF DELAWARE, RELATING TO THE CHARTER OF THE CITY OF HARRINGTON.

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 11, Chapter 167, Volume 40, Laws of Delaware by striking subsection (E) in its entirety, and substituting in lieu thereof the following:

"CITY MANAGER

(E) The City Manager shall be neither the Mayor nor a member of Council. He or she may or may not be a resident of the City of Harrington. He or she shall hold office for such term and at such compensation as the Council may determine. He or she shall collect any or all taxes, assessments or liens which may be levied or assessed by the Council; collect all bills due and owing to the City for water, or in any other manner; and shall also perform any other duties prescribed by the Council.

He or she shall recommend to the Council the employment of such employees and agents of the City as in his or her judgment may be necessary for the proper and diligent performance by him or her of all the above duties; and shall render to the Council a monthly report of the condition of City affairs under his or her management together with such recommendations as he or she may deem proper, including budgeted or probable expenditures.

He or she shall render to the Council on the first day of each and every month a true, accurate and detailed account of all moneys collected by him or her which were received in the performance of his or her duties, and shall properly turn over the same to the Treasurer of the City. He or she shall file with the City Council a bond with corporate surety in the sum five thousand dollars ($5,000) approved and paid for by the Council, for the faithful performance of his or her duties."

Section 2. Amend Section 14, Chapter 167, Volume 40, Laws of Delaware by striking the first two paragraphs of said section, and substituting in lieu thereof the following:

"Section 14. COLLECTION OF TAXES

A. Administrative Duties and Functions of the City Manager

(a) In the month of April of each year, the Council shall deliver to the City Manager a list containing the names of taxables of the City; opposite the name of each the amount of his real property assessment; the amount of his personal property assessment and his poll assessment; the tax upon the whole of his assessment; and the rate per hundred dollars. Attached to said tax list shall be a warrant under the seal of the City of Harrrington, signed by the Mayor and attested by the Secretary, commanding the City Manager to make collection of the taxes as stated and set forth in the tax list.

(b) All taxes, when paid annually, and as collected by the City Manager shall be paid to the City Treasurer; and all taxes shall be due and payable at and from the time of the delivery of the tax list to the City Manager. A discount shall be allowed by the City Manager of three percent (3%) on every tax paid before the first day of May in each year; of two percent (2%) on every tax paid before the first day of June in each year; of one percent (1%) on every tax paid before the first day of July in each year; to every tax paid after the thirtieth day of September, no discount shall be allowed by the City Manager; and to every tax paid after the thirtieth day of September in each year, there shall be added and collected one percent (1%) for every month or fraction of a month after the said thirtieth day of September that the said tax remains unpaid. Before exercising any of the powers herein given for the collection of taxes, notice shall be given to the taxable of the amount due.

(c) The City Manager shall, by agreement with taxables of real property, collect taxes on a quarterly basis, capitation taxes excluded. Under the quarterly tax payment no discount shall be allowed. Under the quarterly tax payment, any taxes thirty days or more overdue for any quarter shall become due and payable in full, and all remaining taxes shall be subject to collection as provided in Section 14 of the Charter of the City of Harrington.

B. Powers of the City Manager."

Approved July 8, 1982.