CHAPTER 284

FORMERLY

SENATE BILL NO. 193

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 279, VOLUME 53, LAWS OF DELAWARE, AS AMENDED ENTITLED AN ACT TO REINCORPORATE THE TOWN OF BOWERS" RELATING TO GENERAL CORPORATE POWERS OF THE TOWN OF BOWERS.

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 3(a), Chapter 279, Volume 53, Laws of Delaware, as amended by Chapter 352, Volume 58, Laws of Delaware by striking the third sentence and inserting In lieu thereof the following:

Each Council member and the Mayor shall be at least the age of eighteen years and at the time of the election and during the term of office reside within the Town. The word reside shall mean domicile.

Section 2. Amend Section 8(a), Chapter 279, Volume 53, Laws of Delaware, as amended by striking the word "Wednesday" and Inserting In lieu thereof the word "Thursday".

Section 3. Amend Section 9(b), Chapter 279, Volume 53, Laws of Delaware, as amended by Chapter 550, Volume 59, Laws of Delaware by striking said Section 9(b) In Its entirety and inserting In lieu thereof the following:

"(b) Absent member

Any Council member, Including the Mayor, who Is absent from three or more consecutive regular meetings of the Town Council without good cause, may be removed from office by majority vote of the remaining members of Council."

Section 4. Amend Section 16(a) Chapter 279, Volume 53, Laws of Delaware, as amended by

Chapter 550, Volume 59, Laws of Delaware by striking the word "Wednesday" and inserting In Ileu thereof the word "Thursday".

Section 5. Amend Section 16(c), Chapter 279, Volume 53, Laws of Delaware, as amended,

by striking said section In Its entirety and inserting In lieu thereof the following.

"Cc) Levy of Taxes, Amount

The Town Council is authorized to levy and collect an annual tax on the assessed valuation on all real estate within the limits of the Town not to exceed In any one year ten (10%) percent of the assessed value of real estate within the limits of the Town. In addition to the annual tax herein authorized Council shall have the authority to levy or assess any other form of tax or assessment the Council deems to be In the best of interest of the Town, Including but not limited to a tax on the transfer of real estate, operation of businesses or any other activities within the Town."

Section 6. Amend Section 16A, Chapter 279, Volume 53, Laws of Delaware, as amended by

Chapter 221, Volume 54, Laws of Delaware by inserting between the words "Delinquent" and "Taxes" in the title the word "Annual".

Section 7. Amend Section I6A, Chapter 279, Volume 53, Laws of Delaware, as amended by

Chapter 221, Volume 54, Laws of Delaware by adding at the end of said section the following.

"In any suit brought for the collection of taxes, in addition to the amount of taxes owned, an amount may be sought for reasonable attorney fees In bringing the suit for collection."

Section 8. Amend Section 27(a), Chapter 279, Volume 53, Laws of Delaware, as amended by Inserting after the words "that the borrowing of the money therefore" the words "In excess of fifty thousand dollars".

Section 9. Amend Chapter 279, Volume 53, Laws of Delaware, as amended, by adding

thereto a new section to read as follows:

"Section 28 Construction

The powers of the Town under this Act shall be construed liberally in favor of the Town, and the specific mention of particular powers in this Act shall not be construed as limiting in any way the general powers stated in this Act and to that end the Town shall have and possess all powers and authorities which would be competent for the General Assembly of this State to give to the Town."

Approved June 28, 1988.