CHAPTER 327

FORMERLY

SENATE BILL NO. 460

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

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 1, Chapter 42, Volume 53, Laws of Delaware by adding a new

subsection (c) as follows:

"(c) In addition to the above described, the territorial limits of the City of

Seaford also Includes all additional lands annexed by the City of Seaford pursuant to Section 2."

Section 2. Amend Section 2 (E), Chapter 42, Volume 53, Laws of Delaware, as amended by Chapter 259, Volume 61, Laws of Delaware by deleting the fourth (4th) and fifth (5th) sentences In their entirety and substituting in lieu thereof the following:

In the event that a person owns property both in the City of Seaford and in the territory proposed to be annexed, said person shall vote only in the territory proposed to be annexed."

Section 3. Amend Section 2(H), Chapter 42, Volume 53, Laws of Delaware by deleting the first (1st) sentence in its entirety and substituting in lieu thereof the following:

"(H) The Mayor shall appoint three (3) persons to act as a Board of Special

Election, at least one of whom must reside and own property in the City, and at least one of whom must own property in the territory proposed to be annexed."

Section 4. Amend Section 2(J), Chapter 42, Volume 53, Laws of Delaware by deleting the

last sentence in Its entirety and substituting in lieu thereof the following:

"In the event that the referendum results in an unfavorable vote for the annexation, all or any part of the territory considered at the special election for annexation shall not again be considered for annexation for a period of one year from the date of the referendum."

Section 5 Amend Section 44(A), Chapter 42, Volume 53, Laws of Delaware, as amended by

Chapter 290, Volume 62, Laws of Delaware as amended by Chapter 248, Volume 65 of the Laws of Delaware by deleting the last six (6) words of the first paragraph not withstanding such person is not registered" and placing a period "." after the word "vote".

Section 6. Amend Section 6(c), Chapter 42, Volume 53, Laws of Delaware by deleting the

words "Vice-President of the City Council" and substituting In lieu thereof the following:

"Assistant City Manager".

Section 7. Amend Section 7(a), Chapter 42, Volume 53, Laws of Delaware as amended by

Chapter 289, Volume 61, Laws of Delaware, by deleting the third (3rd) sentence in Its entirety and substituting in lieu thereof the following:

If there Is only one official candidate for any office and no folmal opponent on the day of election, the official candidate may assume office without the holding of a formal election."

Section 8 Amend Section 7(A), Chapter 42, Volume 53, Laws of Delaware as amended by

Chapter 289. Volume 61, Laws of Delaware by deleting the second (2nd) paragraph in its entirety and substituting In lieu thereof the following:

The City Council may, by ordinance, provide for a qualified voter, duly

registered, who shall be unable to appear to cast a ballot at any election, I) because such person is in the public service of the United States or the State of Delaware, 2) because such person Is In the Armed Forces of the United States or the Merchant Marine of the United States, or attached to and serving with the Armed Forces of the United States In the American Red Cross, Society of Friends or United Service Organization, 3) because such Person is unavoidably absent from the City on the day of the election, 4) because such

person is sick or physically disabled, 5) because such person is absent from the city while on vacation or, 6) because such person is unable to vote at a certain time or on a certain day due to the tenets or teachings of his or her religion."

Section 9. Amend Section 7(b), Chapter 42, Volume 53, Laws of Delaware by deleting the first sentence in its entirety and substituting in lieu thereof the following:

"(b) It shall be the duty of the Mayor to submit to the City Council, for Its

approval, at the last regular meeting of the City Council prior to the date of the annual election, the names of a presiding officer and sufficient Judges to act as a Board of Election for the purpose of holding the said annual election. Said individuals shall be chosen either from the holding-over members of the City Council or from other qualified voters of the City."

Section 10. Amend Section 7(c), Chapter 42, Volume 53, Laws of Delaware as amended by Chapter 316, Volume 57, Laws of Delaware as amended by Chapter 387, Volume 58 of the Laws of Delaware by deleting the period "." at the end of the fifth (5th) sentence and adding the following:

"except that no notice be sent when removal Is caused by the death of the registered voter."

Section 11. Amend Section 8(b), Chapter 42, Volume 53, Laws of Delaware by deleting

"7:30" and substituting In lieu thereof the following:

"7:00".

Section 12. Amend Section 8(b), Chapter 42, Volume 53, Laws of Delaware by deleting "Vice-President" and substituting in lieu thereof the following:

"Vice-Mayor".

Section 13. Amend Section 8(c), Chapter 42, Volume 53, Laws of Delaware by deleting the second (2nd) sentence in its entirety.

Section 14, Amend Section 15(b), Chapter 42, Volume 53, Laws of Delaware by deleting

the third (3rd) sentence in its entirety and substituting in lieu thereof the following:

"The duties of the City Manager shall be those of Treasurer, Secretary, and the Council may be Ordinance or resolution impose upon the City Manager any further duty or duties as they shall see fit to properly carry out the provisions of the Act."

Section 15. Amend Section 15(B), Chapter 42, Volume 53, Laws of Delaware by deleting One Thousand Dollars ($1,000.00)" from the end of Paragraph Three (3) and substituting in lieu thereof:

"Twenty Thousand Dollar ($20,000.00)".

Section 16. Amend Section 15(B), Chapter 42, Volume 53, Laws of Delaware as amended by Chapter 99, Volume 55 Laws of Delaware by deleting "Ten Thousand Dollars ($10,000.00)" from the end of Paragraph Five (5) and substituting in lieu thereof the following:

"Twenty Thousand Dollars ($20,000.00)".

Section 17. Amend Section 15(C), Chapter 42, Volume 53, Laws of Delaware by adding to the second paragraph after the word "City Manager" the following:

and assistant City Manager".

Section 18. Amend Section 15(E), Chapter 42, Volume 53, Laws of Delaware as amended by Chapter 343, Volume 63, Laws of Delaware by deleting "except the Chief of police who shall be appointed as hereinafter set forth and adding a period "." after "City".

Section 19. Amend Section 16(B), Chapter 42, Volume 53, Laws of Delaware by deleting the word "shall" In the first (1st) sentence and substituting in lieu thereof:

"may".

Section 20. Amend Section 16(C), 16(D) and 16(E), Chapter 42, Volume 53, Laws of

Delaware as amended by Chapter 343, Volume 63, Laws of Delaware by deleting said Section 16(C), 16(D) and 16(E) In their entirety.

Section 21. Amend Section 16(F) and 16(G), Chapter 42, Volume 53, Laws of Delaware by deleting the letter "F" and substituting in lieu thereof the letter "C" and by deleting the "G" and substituting in lieu thereof the letter "D".

Section 22. Amend Section 16(H), Chapter 42, Volume 53, Laws of Delaware by deleting

the words "(H) It shall be the duty of the Vice-President" and substituting In lieu

thereof the following:

"(E) It shall be the duty of the Vice-Mayor".

Section 23. Amend Section 18, Chapter 42, Volume 53, Laws of Delaware by deleting the first (1st) and second (2nd) paragraphs and substituting in lieu thereof the following:

"Section 18. The said police officers shall be conservators of the peace within

the limits of said city and shall monthly, or as often as the Mayor shall deem desirable, submit a consolidated report setting forth at a minimum the number of arrests made during said preceding month. The police officers shall see that ordinances are enforced, and they together with such assistants or other policemen as may be appointed, shall have power to arrest any person or persons for the violations of said federal, state, and city laws or ordinances wherein an arrest for violation is provided; and in addition thereto, shall have all of the same powers and functions as established under Delaware Code Titles 11 and 21.

Each member of the Police force shall be vested, within the city limits and within one mile outside of said limits, with all the powers and authority as established under Delaware Code Titles 11 & 21 and in the case of hot pursuit of an offender, their power and authority shall extend to any part of the State of Delaware."

Section 24. Amend Section 18, Chapter 42, Volume 53, Laws of Delaware by deleting in

Paragraph Four (4) the words "Ten nor more that One and substituting in lieu thereof the following:

"Twenty-five nor more than five".

Section 25. Amend Section 20, Chapter 42, Volume 53, Laws of Delaware by deleting in the first (1st) paragraph the words "spread in full upon the minutes of the Council" and substituting In lieu thereof the following:

"shall be retained as a permanent record of the City Council".

Section 26. Amend Section 20, Chapter 42, Volume 53, Laws of Delaware by deleting the second paragraph In Its entirety and substituting In lieu thereof the following:

"It shall be the duty of the City Manager to cause a public notice of the availability for examination of a copy of the detailed audit during regular business hours at the City offices. Said public notice shall be published in at least one newspaper printed or published in the City or posted In at least ten of the most public places in the City."

Section 27. Amend Section 21, Chapter 42, Volume 53, Laws of Delaware by deleting the words "bar of Sussex County" and substituting in lieu thereof the following:

"Bar of the State of Delaware".

Section 28. Amend Section 22, Chapter 42, Volume 53, Laws of Delaware by deleting the words "first of May" and substituting in lieu thereof the following:

"30th day of June".

Section 29. Amend Section 22, Chapter 42, Volume 53, Laws of Delaware by deleting

Subsection "2" In Its entirety and renumbering Subsection "3" as Subsection "2"; Subsection "4" as Subsection "3"; and Subsection "5" as Subsection "4".

Section 30. Amend Section 23(A), Chapter 42, Volume 53, Laws of Delaware by deleting

the second (2nd), third (3rd) and fourth (4th) sentences in their entirety.

Section 31. Amend Section 24(A), Chapter 42, Volume 53, Laws of Delaware by deleting

the first paragraph In Its entirety and substituting In lieu thereof the following:

"Section 24(A) The City Manager may hire such employees, in such numbers and with such qualifications as. In the City Manager's discretion, are necessary to perform properly

and efficiently the functions and duties of the municipality. The salaries of such

employees shall be fixed by the City Council. Such employees may be removed by the City

Manager. Any employee discharged under the provisions of this subsection who feels he has been aggrieved may request a hearing before all the members of the Mayor and Council by filing an appeal with the secretary of the council (City Manager) by registered mail with return receipt requested within five (5) days after he has been notified of his discharge. The Mayor shall set a time for such hearing, which shall be held within twenty one (21) days after the date of receipt of the written request and the secretary shall give the employee ten (10) days notice of the time and place of such hearing. Unless the discharged employee requests a public hearing before the Mayor and council, the hearing shall be private. All City employees discharged are covered by the right of appeal except sworn police officers excluding the Chief of Police who must follow title 11, Chapter 92 "The police Bill of Rights". The Chief of Police would have the same rights of appeal as all civilian employees."

Section 32. Amend Section 27, Chapter 42, Volume 53, Laws of Delaware by deleting

Subsection (L) in its entirety and substituting in lieu thereof the following:

"(L) In the sale of lands for the payment of delinquent taxes, reasonable and

necessary costs and expenses shall be allowed to be deducted from the proceeds of sale or chargeable against the owner as the case may be. The cost of the deed shall not be chargeable as costs, but shall be paid by the purchaser of the property of the delinquent taxpayer."

Section 33. Amend Section 28(B)(1), Chapter 42, Volume 53, Laws of Delaware by deleting the words "five (5) or more property owners" and substituting in lieu thereof the following:

"a property owner".

Section 34. Amend Section 36(B), Chapter 42, Volume 53, Laws of Delaware by deleting

the period at the end of the second sentence and adding the following:

"or as provided in 22 Del. C. Section 322."

Approved July 7, 1988.