CHAPTER 97

FORMERLY

HOUSE BILL NO. 294

AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT TO REINCORPORATE THE CITY OF LEWES" TO REVISE THE PROCEDURE FOR ANNEXATION WHEN ALL PROPERTY OWNERS ARE IN FAVOR AND TO PROVIDE A PROCEDURE FOR ANNEXATION WHEN ONLY THE EXEMPT LAND IS INVOLVED, TO ELIMINATE THE WEIGHTED VOTE IN ANNEXATION AND BOND ELECTIONS, TO ELIMINATE PROPERTY OWNERSHIP AS A QUALIFICATION TO HOLD OFFICE, TO REQUIRE THAT NO PERSON MAY FILE AS A CANDIDATE PRIOR TO FEBRUARY 1, TO DESIGNATE THE MEMBERS OF CITY COUNCIL AS COUNCIL PERSONS, AND TO AUTHORIZE THE CITY COUNCIL TO SIT AND ACT UPON THE RECOMMENDATION OF THE CITY MANAGER CONCERNING THE QUALIFICATIONS OF CANDIDATES, TO PERMIT A PERSON WHO HOLDS ELECTIVE OFFICE TO SEEK ANOTHER ELECTIVE OFFICE IN THE CITY WITHOUT VACATING HIS PRESENT OFFICE, TO CHANGE THE NAME OF THE VICE-PRESIDENT OF THE CITY COUNCIL TO DEPUTY MAYOR, TO PROVIDE REGULATIONS FOR CONDUCTING THE ANNUAL MUNICIPAL ELECTION, TO AUTHORIZE THE ASSESSMENT OF TAXES WITHOUT LIMITATION TO PAY BONDED INDEBTEDNESS, TO REDUCE THE AGE FOR BEING ASSESSED, TO PROVIDE THAT APPEALS FROM THE TAX ASSESSMENT SHALL BE IN WRITING AND REQUIRING THE CITY COUNCIL TO FIX A TIME AND DATE TO HEAR THOSE APPEALS, TO EXTEND THE TIME FOR THE PAYMENT OF PROPERTY TAXES, TO ADD ALL UTILITY CHARGES AS CREATING A LIEN ON REAL ESTATE, TO PERMIT BORROWING AGAINST ANTICIPATED REVENUES TO TEN PERCENT OF ASSESSED VALUATION OF REAL ESTATE, TO CONFIRM THE PROCEDURE FOR PUBLIC STREETS, TO AUTHORIZE THE CITY COUNCIL TO PROVIDE FOR A BOARD OF ADJUSTMENT AND TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC SAFETY.

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 1, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by inserting the letter "(a)" following the number "1".

Section 2. Section 1, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding to Section 1 a new Subsection following Subsection (a) to be designated as Subsection (b) to read as follows:

"(b) For the purpose of this Chapter, a 'leaseholder' shall be deemed to mean and include a person holding land under a valid lease, either in his own name or as a coparcener or jointly with his or her spouse from either the State of Delaware or from the Commissioners of Lewes or The City of Lewes for a term of at least ten (10) years whose Lease is recorded in the Office of the Recorder of Deeds, in and for Sussex County, and who has erected upon the leasehold an improvement having an assessed valuation of at least One Thousand Dollars ($1,000.00) as shown by the records of The City of Lewes, and, for all purposes of this Chapter, the word "freeholder" shall be deemed to include any person who holds fee simple title to real estate either in his own name, as a tenant in common, or as a joint tenant or as a tenant by the entirety,"

Section 3. Section 3, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Section 3 and substituting in lieu thereof a new Section 3 to read as follows:

"ANNEXATION OF TERRITORY

In the event it becomes feasible and necessary for the future of The City of Lewes to enlarge its then existing limits and territory, such annexation accomplished with the following procedure shall be lawful:

(a) If all the property owners of a territory contiguous to the then existing corporate limits and territory of The City of Lewes, by written Petition, with the signature of each such Petitioner duly acknowledged, shall request the City Council to annex that certain territory in which they own property, the Mayor of The City of Lewes shall appoint a committee composed not less than three (3) of the elected members of the City Council to investigate the possibility of annexation. The Petition presented to

the City Council shall include the description of the territory requested to be annexed and the reasons for requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the City Council of The City of Lewes. The Report so submitted shall include the advantages and disadvantages of the proposed annexation both to the City and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, the City Council may then pass a second Resolution annexing such territory to The City of Lewes. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected Members of the City Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, the procedures to be filed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or more property owners but less than all of the property owners of a territory contiguous to the then limits and territory of The City of Lewes.

(b) If five (5) or more, but not all the property owners resident in a territory contiguous to the then limits and territory of The City of Lewes, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the City Council to annex that certain territory in which they reside and own property, the Mayor of The City of Lewes shall appoint a committee composed of not less than three (3) of the elected members of the City Council to investigate the possibility of annexation. The petition presented to the City Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the City Council, by a majority vote of the elected members thereof, may, by Resolution, propose that a committee, composed of not less than three (3) of the elected members of said City Council, be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The City of Lewes.

(c) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and City Council. The reports so submitted shall include the advantages and disadvantages of the proposed annexation both to the City and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, within sixty (60) days after receiving the report, a second Resolution shall then be passed by the City Council proposing to the property owners and residents of both the city and the territory proposed to be annexed that the City proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the mayor concludes that- the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the city and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds (2/3) of the elected members of the City Council. If the resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the City Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one (1) year from the date that the resolution failed to receive the required affirmative vote. The second Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution adopted by the City Council setting forth the above information shall be printed in a newspaper published in The City of Lewes at least one (1) week prior to the date set for the public hearing, or, if no newspaper is published in the City, publication shall be had in a newspaper having a general circulation both in the City and in the territory proposed to be annexed, or, at the discretion of the City Council, said resolution shall be posted in five (5) public places both in the City and in the territory proposed to be annexed.

(d) Following the public hearing, but in no event later than thirty (30) days thereafter, a Resolution may then be passed by a majority of the City Council ordering a special election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the City Council's determination to proceed with the matter of the proposed annexation.

(e) The notice of the time and place of holding the said special election shall be printed within thirty (30) days immediately preceding the date of the special election in at least two (2) issues of a newspaper published in the City, or, if no newspaper is published in the City, the notice may be printed within thirty (30) days immediately preceding the date of the special election in two (2) issues of a newspaper having a general circulation both in the city and in the territory proposed to be annexed, or, in the discretion of the City Council, said notice may be posted in five (5) places both in the City and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the special election.

(f) At the Special Election, every property owner, whether an individual, partnership or a corporation both in The City of Lewes and in the territory proposed to be annexed shall have one (1) vote. Every citizen of either The City of Lewes or of the territory proposed to be annexed over the age of eighteen (18) years who is not a property owner shall have one (1) vote. In the case of property owned by husband and wife jointly, the husband and wife shall each have one (1) vote. In the event that a person owns property both in The City of Lewes and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in The City of Lewes and in the territory proposed to be annexed, but does not reside in either place, he may vote only in The City of Lewes and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The City of Lewes in the case of property owners and citizens of the City and the books and records of the Board of Assessment of Sussex County in the case of property owners and residents of the territory proposed to be annexed shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election.

(a) In the event that an individual holds a Power of Attorney duly executed and acknowledged and specifically authorizing the individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed in the Office of the City Manager of The City of Lewes. Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote at the Special Election.

(a) The City Council shall determine by Resolution whether paper ballots or voting machines are to be used at the said Special Election. In any event, the form of ballot shall be as follows:

[ ] For the proposed annexation.

[ ] Against the proposed annexation.

PLEASE MARK YOUR PREFERENCE

(i) The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one (1) of whom must reside and be the owner or leaseholder, as defined herein, of property in the City, and at least one (1) of whom must reside and be the owner or leaseholder, as defined herein, of property in the territory proposed to be annexed. One (1) of said persons so appointed shall be designated the presiding officer. Voting shall be conducted in the City Hall and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders, as defined herein, in the territory proposed to be annexed shall be deposited in one (1) such ballot box, and all ballots cast by those persons, partnerships, or corporations who are authorized to vote as residents or property owners of the City shall be deposited in the other such ballot box. The polling places shall be open from 12:00 Noon, prevailing time, until 7:00 in the evening, prevailing time, on the date set for the Special Election.

(j) Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a Certificate under their hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the same to the City Council. Said Certificate shall be filed with the papers of the Council.

(k) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for a period of at least one (1) year from the date of said Special Election. If a favorable vote for annexation shall have been cast, the City Council of The City of Lewes shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, in Georgetown, Delaware, but in no event shall said recordation be completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of The City of Lewes from the time of recordation. The failure to record the description or the plot within the specified time shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the favorable Special Election.

(l) If the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books of the Board of Assessment of Sussex County, no election shall be necessary and the City Council of The City of Lewes may proceed to annex such territory by receiving a certified copy of a Resolution requesting such annexation if such property is owned by a corporation or by a written Petition with the signature of each such Petitioner duly acknowledged if such property is owned by an individual, requesting the City Council to annex that certain territory in which the property is located. The certified copy of the Resolution or the Petition shall include a description of the territory requested to be annexed and the reasons for the proposed annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of the City of Lewes shall appoint a committee composed of not less than three (3) of the elected members of the City Council to investigate the possibility of annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and City Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The City of Lewes and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, the City Council of Lewes may then proceed to pass a second Resolution annexing such territory to The City of Lewes. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the City Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected members of the City Council. If the Resolution fails to receive the required number of votes, no part of the territory proposed for annexation shall again be proposed for annexation for a period of one (1) year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the City Council shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, and in no event shall such recordation be completed more than ninety (90) days following the passage of the Resolution. The territory considered for annexation shall be considered to be a part of The City of Lewes from the time of recordation. The failure of the City Council to record the description and plot within the time hereinbefore specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the passage of the Resolution."

Section 4. Section 5, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the first sentence of said Section 5 and substituting in lieu thereof a new first sentence to read as follows:

The qualifications for Mayor and for City Council Person at the time of this election shall be as follows:"

Section 5. Subsection (a), Section 5, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (a) and substituting in lieu thereof a new Subsection (a) to read as follows:

"(a) A bona fide citizen of the United States and of the State of Delaware and a resident of The City of Lewes for at least ninety (90) days next preceding the date of the annual election."

Section 6. Subsection (d), Section 5, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (d) and substituting in lieu thereof a new Subsection (d) to read as follows:

"(d) Each of the qualifications for the Mayor and for the City Council Persons shall be continuing qualifications to hold office, and the failure of either the Mayor or any of the City Council Persons to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office."

Section 7. Subsection (e), Section 5, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (e).

Section 8. Section 6, Chapter 170, Volume 57, Laws of Delaware, as

amended, be and the same is hereby further amended, by striking out the first sentence of said Section 6 and substituting in lieu thereof a new sentence to read as follows:

Each candidate for Mayor and City Council Person shall be nominated as follows:"

Section 9. Subsection (a), Section 6, Chapter 170, Volume 57, Laws of

Delaware, as amended, be and the same is hereby further amended, by striking out all of said Subsection (a) and substituting in lieu thereof a new Subsection (a) to read as follows:

"(a) Each candidate shall notify the City Manager in writing of his candidacy for the office of either Mayor or City Council Person, or five (5) or more persons qualified to vote in the Annual Election may file the name of the candidate for the office of Mayor or City Council Person with the City Manager, provided that the candidate endorses his written consent thereon."

Section 10. Subsection (b), Section 6, Chapter 170, Volume 57, 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:

"(b) All such notifications of candidacy shall be filed at the office of the City Manager during the regular business hours of the City not earlier than the opening of business on February 1 and prior to the close of business on the first Thursday in April and thereon, it shall be the duty of the City Manager to deliver all notifications of candidacy or nominations for candidacy to the City Council at the regular meeting of the City Council in April of each year at which time the City Council shall sit in open meeting to hear the recommendations of the City Manager concerning the qualifications of each candidate. The City Council shall act upon the recommendation of the City Manager concerning each candidate."

Section 11. Subsection (c), Section 6, Chapter 170, Laws of Delaware, as amended, be and the same is hereby further out the words "Vice President of the City Council" and thereof the words "Deputy Mayor of the City".

Section 12. Subsection (d), Section 6, Chapter 170, Laws of Delaware, as amended, be and the same is hereby further out all of said Subsection (d) and substituting in Subsection (d) to read as follows: Volume 57, Laws of amended by striking substituting in lieu thereof a new Subsection (d) to read as follows:

"(d) The City Council shall cause to be printed sufficient ballots in order for each citizen of the City to vote at the Annual Municipal Election. Said ballot shall contain the names of all persons nominated and shall designate the office for which each is a candidate, and such ballots shall be delivered to the Board of Election prior to the time for the opening of the polls at the Annual Municipal Election. No ballots to be used for voting at the Annual Municipal Election shall be available for distribution to any person prior to the time of his or her actually presenting himself or herself for the purpose of voting; provided however, that the Board of Election shall have available for distribution five (5) days prior to the date of the Annual Municipal Election sample ballots marked or defaced in such a manner that they cannot be used at the Annual Municipal Election. Only those ballots prepared in accordance with the provisions of this Section shall be used at the Annual Municipal Election. Where voting machines or electronic voting devices are used, the procedures enacted by the General Assembly as Chapters 50 and 50A, Title 15, Del. C., shall receive compliance."

Section 13. Section 7, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Section 7 and substituting in lieu thereof a new Section 7 to read as follows:

"Section 7. The procedure for holding the Annual Municipal Election shall be as follows:

(a) The Annual Municipal Election shall be held at the City Hall in The City of Lewes on the second Saturday in May of each and every year from 8:00 in the morning, prevailing time, until 6:00 in the evening, prevailing time.

(b) At each Annual Municipal Election, there shall be elected two (2) Council Persons who shall serve for a term of two (2) years or until their successors have been duly elected and qualified, except at the Annual Municipal Election in the year when a Mayor is to be elected at which time two (2) Council Persons shall be elected to serve for a term of two (2) years or until their respective successor shall be duly elected and qualified.

(c) The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two (2) judges together with such alternates as are determined by the Mayor to be necessary all of whom shall be appointed by the Mayor of The City of Lewes with the concurrence of a majority of the members of the City Council at the last regular meeting of the City Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not entitled to vote thereat, taking reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the City Council. The Board of Elections shall keep a list of all persons who vote at such Annual Municipal Election.

(a) 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 Annual Municipal Election and who shall be a citizen of the United States and a citizen of The City of Lewes shall have one (l) vote, provided, that he or she is registered on the Books of Registered Voters of The City of Lewes. For the purposes of this Section, a citizen of The City of Lewes shall be deemed to include any person who is a qualified voter of the Third Election District of the Thirty-Seventh Representative District of Lewes, Sussex County, Delaware, residing within the corporate limits of The City of Lewes as defined in this Charter. The City Council of The City of Lewes shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the office of the City Manager. The Books of Registered Voters shall contain the following information for each registrant: the names of the registered voters arranged in alphabetical order, the addresses of the voters, the birth date of the voters, the dates the registrants became citizens of the United States, the date that the registrants became residents of The City of Lewes and any other pertinent information. No person shall be registered upon the Books of Registered Voters unless he will have acquired the qualifications to vote in the Annual Municipal Election for the year in which he registers. A person shall be required to register only one (1) time; provided, however, that if a registered voter fails to vote in two (2) consecutive annual municipal elections in which there is a contest for any office, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the Books of Registered Voters and that it will be necessary to register again in order to vote in the Annual Municipal Election. A person may register at the office of the City Manager during the regular business hours of such office until the close of business of such office on the 15th day prior to the date of the Annual Municipal Election by completing such forms as may be provided by the City. The City Council may provide by resolution for the Office of the City Manager to be open on one (1) Saturday within the thirty-day period immediately preceding the date of the Annual Municipal Election for the purpose of permitting persons to register to vote in such Annual Municipal Election.

(e) The City Council of The City of Lewes may, by ordinance, provide for any qualified registered voter to cast an absentee ballot if such person is unable to appear and cast his or her ballot.

(a) In the event that no person files or is nominated for each office for which an election is to be held within the time set forth in Section 6 of this Charter, the incumbent shall be deemed to be re-elected for a full term and it shall not be necessary to hold an election.

(a) In the event that only one (1) person files or is nominated for each office for which an election is to be held within the time set forth in Section 6 of this Charter, the person who files or who is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an election.

(a) No person other than the Board of Election, the City Manager and the clerks of the Board of Election, the challengers and persons actually voting shall be admitted within the voting place without the unanimous consent of the Board of Election.

(a) Each candidate may appoint some suitable person to act as a challenger who may be within the voting place. Each challenger shall be protected in the discharge of his duty by the Board of Election.

(a) No person other than the City Manager, the Board of Election, the Clerks of the Board of Election and the challengers designated by the candidates shall remain within fifty (50) feet of the entrance to the building except for the purpose of offering his vote except that a physically handicapped person shall be permitted to bring with him into the election room an elector or two (2) electors if the nature of the disability, in the opinion of the Board of Election, such as total disability to walk to the election room, requires it in order to render the necessary assistance. Each candidate shall be permitted to have one (1) person present in the voting room for the purpose of recording the names of the persons who vote.

(b) No person shall electioneer nor engage in any political discussion within the building during the hours of election or during the counting of the ballots.

(1) No more than one (1) person shall be permitted to occupy any voting booth at any one time except as otherwise provided in this Charter.

(m) No person shall remain in or occupy a voting booth longer than is necessary to prepare his ballot and in no event longer than three (3) minutes.

(n) Upon the close of the election, the votes shall be read and counted publicly and in the case of an election of Council Persons, the persons having the highest number of votes shall be declared to be elected and in the case of the election of a Mayor, the person having the highest number of votes shall be declared to be elected. Such person shall continue in Office during the term for which they were elected or until their successors shall be duly elected or appointed and qualified.

(o) The Board of Election shall enter in a book to be provided for that purpose minutes of the election containing the names of the persons so elected. They shall subscribe the same and shall make and deliver to the person elected certificates of their election. The book containing such minutes, the ballots and the list of those persons who voted shall be delivered to the City Manager who shall preserve the same and shall be evidence in any Court of law or equity.

(a) If two (2) or more candidates for the office of Council Person or for Mayor shall receive an equal number of votes so that there shall not be an election of a Mayor or Council Person, the incumbent Mayor or Council Person shall continue in Office until the run-off election as herein provided is held. The Board of Election shall declare the election a tie and shall report that result to the Mayor and the City Council which shall, within twenty (20) days thereafter, hold a Special Election between those candidates where a tie resulted under the same rules as hereinbefore set forth. No person shall be permitted to register to vote following the Annual Municipal Election and before the Special Election in order to vote at the Special Election."

Section 14. Subsection (a), Section 8, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the first sentence of said Subsection (a) and substituting in lieu thereof the following:

"At any time subsequent to the date of election and prior to the first regular meeting following the Annual Municipal Election and before entering upon the duties of their respective offices, the Mayor-elect and the Council Person-elect shall be sworn by a notary public to perform faithfully and impartially the duties of their respective offices with fidelity."

Section 15. Subsection (b), Section 8, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "Vice President" as they appear in said Subsection (b) and substituting in lieu thereof the words "Deputy Mayor".

Section 16. Section 12, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended, by striking out the word "Councilmen" as it appears is said Section and substituting in lieu thereof the words "Council Person."

Section 17. Section 13, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended, by striking out the word "Councilmen" as it appears in said Section and substituting in lieu thereof the words "Council Person."

Section, 18. Subsection (g), Section 15, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "Vice President" and substituting in lieu thereof the words "Deputy Mayor".

Section 19. Subsection (b), Section 16, Chapter 170, volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "freeholder or leaseholder, as defined herein," and substituting in lieu thereof the word "citizen".

Section 20. Subsection (b), Section 19, Chapter 170, Volume 57, Laws of

Delaware, as amended, be and the same is hereby further amended, by striking out the word "Councilmen" as it appears in said Section and substituting in lieu thereof the words "Council Person."

Section 21. Subsection (e), Section 20, Chapter 170, Volume 57, Laws of

Delaware, as amended, be and the same is hereby further amended by striking out the words and figures for each one hundred dollars ($100.00) of assessed valuation or part thereof as shown by the books of the City."

Section 22. Subsection (i), Section 20, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end of the Subsection (i) the following:

"There shall be no limitation upon the amount of ad valorem taxes collected to pay the principal of and interest on any bonded indebtedness incurred pursuant to the provisions of this Section."

Section 23. The second Paragraph of Subsection (i), Section 20, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "provided that this authority shall not exceed a distance of one (1) mile."

Section 24. Subsection (a), Section 25, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (a) and substituting in lieu thereof a new Subsection (a) to read as follows:

"(a) At the first regular meeting following the Annual Municipal Election, the Mayor with the advice and consent of all the elected members shall appoint a bona fide resident being a freeholder or leaseholder as defined herein of the City to be the Assessor."

Section 25. Subsection (b), Section 26, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words and figures "twenty-one (21)" as they appear in said Subsection and substituting in lieu thereof the words and figures "eighteen (18)".

Section 26. Subsection (f), Section 26, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (f) in said Section 26 and substituting in lieu thereof the following:

"(f) Immediately upon receiving the annual assessment list from the Assessor, the City Council shall cause a full and complete copy of same containing the amount assessed to each taxable to be hung in a public place in The City of Lewes, and there it shall remain for a period of at least ten (10) days for the information of and examination of all concerned. Appended thereto and also in five (5) or more public places in said City, there shall be posted notices advising all concerned that any property owner or leaseholder who desires to appeal his assessment shall file an appeal in writing stating the reason or reasons therefor not later than a certain day mentioned therein and not earlier than ten (10) days after the date of posting the true and correct copy of the annual assessment list and further that at the next regular meeting of the City Council following the expiration of time when an appeal shall be filed, the City Council will fix a time and date when the City Council will hold a Board of Appeals at which time it shall hear appeals filed in writing within the time specified from the said annual assessment. The decision of the City Council, sitting as a Board of Appeals, shall be final and conclusive, and said City Council shall revise and complete said assessment at this sitting. No Council Person shall sit upon his own appeal, but the same shall be heard and determined by the other members of the City Council."

Section 27. Subsection (e), Section 26A, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the first sentence of said Subsection (e) and substituting in lieu thereof the following:

"The Assessor shall publish a notice of the place or places where the supplemental assessment list may be inspected together with a notice of the time and place in the City when appeals in writing stating the reason or reasons therefor may be filed by any property owner or leaseholder, from the supplemental assessment list, not earlier than ten (10) days from the date of last publication and noticing that at the next regular meeting following the expiration of time when an appeal may be filed, the City Council will fix a time and place when the City Council will sit as a Board of Appeals to hear those appeals filed in writing within the time specified from the Supplemental Assessment."

Section 28. Subsection (f), Section 26A, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out of all said Subsection (f) and substituting in lieu thereof a new Subsection (f) to read as follows:

"(f) Pending determination of the appeal, the property owner may either pay the tax imposed by the supplemental assessment and if on appeal the assessment is reduced, the property owner shall be entitled to a refund of the taxes which he has paid plus interest thereon at the rate of one percent (1%) per month for each month or fraction thereof from the date of payment or the property owner may decline to pay the tax imposed by the supplemental assessment in which case, interest and penalties shall accrue at the rate of one percent (1%) for each month or fraction thereof that the taxes remain unpaid and delinquent."

Section 29. Subsection (g), Section 26A, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (g) and substituting in lieu thereof a new Subsection (g) to read as follows:

"(a) In the collection of all taxes imposed by the supplemental
assessment list there shall be no deduction nor abatement of the taxes and the City Manager shall add an amount equal to one percent (1%) per month for each month or fraction thereof that such taxes remain unpaid following the date that such taxes became delinquent."

Section 30. Subsection (h), Section 26A, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (h) and substituting in lieu thereof a new Subsection (h) to read as follows:

"(a) All taxes imposed by the Supplemental Assessment list and paid later than June 30 for the First Supplemental Assessment in each Year, August 31 for the Second Supplemental Assessment, November 30 for the Third Supplemental Assessment and February 28 for the Fourth Supplemental Assessment shall be delinquent."

Section 31. Subsection (e), Section 28, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended, by striking out the words and figures and date "April 30", and substituting in lieu thereof the words and figures and date "June 30".

Section 32. Subsection (g), Section 28, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "all utility rents laid or imposed" as they appear in said Subsection and substituting in lieu thereof the words "all charges for sewer service, water service, electric service, front footage, or any other charge laid or imposed".

Section 33. Section 32, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words and figures "Fifty Thousand Dollars ($50,000.00)" as they appear in said Section 32 and substituting in lieu thereof "Ten Percent (10%) of the assessed valuation of all real estate in the City and on public lands under the jurisdiction of ,the City Council."

Section 34. Section 32, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended, by striking out the word "Councilmen" as it appears in said Section and substituting in lieu thereof the words "Council Person."

Section 35. Subsection (a), Section 34, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end of said Subsection (a) the following:

"The procedure set forth in this Section shall have precedence over any other procedure concerning a public street within the corporate limits of the City."

Section 36. Subsection (b), Section 38, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby amended by putting a period after the word "Adjustment" as it appears in said Subsection and striking out the words "which shall consist of the City Manager, the Mayor and the City Solicitor."

Section 37. Subsection (a), Section 40, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "Councilmen" as it appears in said Section and substituting in lieu thereof the words 'Council Person."

Section 38. Subsection (c), Section 40, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (c) and substituting in lieu thereof a new Subsection (c) to read as follows:

"(c) The Director of Public Safety shall have administrative and public relations responsibilities regarding the health, safety and welfare of the citizens of the City. He shall consider public safety within the community with particular attention to roadways, pedestrian and bicycle safety, safety in and around the various waterways within the City and the reduction of any liability to public safety which may exist or develop within the City. He shall respond to complaints and inquiries and will be a public figure visible and readily available to the Mayor and the members of the City Council. He shall also be available to citizens, merchants, clubs, organizations and the life for any concerns relating to public safety within the City. The Director of Public Safety shall be in charge of operations during natural disasters, community-wide emergencies or other catastrophes."

Section 39. Subsection (d), Section 40, Chapter 170, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (d) and substituting in lieu thereof a new Subsection (d) to read as follows:

"(d) In the event that the position of Chief of Police becomes vacant or if the Chief of Police is unable or incapable of performing his duties, the Director of Public Safety may be assigned such duties provided this action is approved by the Mayor and receives the affirmative vote of three-fourths (3/4) of the elected members of the City Council. This action need not be delayed until the regular meeting of the City Council; however, if this action is taken at anytime other than during a regular meeting of the City Council, it shall be placed upon the agenda for consideration and a vote publicly at the next regular meeting of the City Council. He shall render to the City Council at its monthly meeting of each and every month, a public safety report, prepared in conjunction with the Chief of Police, showing the activities of the police force during the preceding month."

Approved July 6, 1993.