CHAPTER 4

FORMERLY

HOUSE BILL NO. 39

AN ACT TO AMEND CHAPTER 214, VOLUME 65, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE TOWN OF NEWPORT.

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 1.02, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding to the end of said section the following;

" ALL that certain parcel of land being located in Christiana Hundred, New Castle County, State of Delaware, beginning with the intersection of the centerline of Water Street and the centerline of Copper Drive, thence; running North 50 degrees-00'-00", West 40 feet more or less to the said point of beginning, being North 18 degrees-29'-17", West 30.00 feet more or less; thence running South 76 degrees-43'-35" West, with a radius of 5,411.56 feet and a chord of 933.64 feet, curving to the left; thence running South 5 degrees-30'-00", East 30.03 feet more or less, thence running North 76 degrees-44'-00" East with a radius of 5,441.56 feet and a chord of 990.42 feet curving to the right to the said point of beginning, containing 29,620 +/- square feet of land or 0.68 +1- acres. (Ordinance No. 422, July 12, 1990)

ALL that piece or parcel of land which joins and is contiguous to a portion of the southerly boundary of the Town of Newport in Christiana Hundred, State of Delaware BEGINNING at the intersection of the easterly terminal of Water Street, at 50 feet wide, with a line drawn parallel with and 60 feet southwardly at right angles from the southerly rail of the southerly tract of the four main line tracks of railroad of the Philadelphia, Baltimore and Washington Railroad Company;

Thence from the point and place of Beginning, along the southerly boundary line of said Railroad Company property, and parallel to said southerly rail of southerly track and distant 60.00 feet southerly therefrom when measured at right angles thereto, North 64 degrees-1P30" 2.136.64 feet to the point of tangency of a curve having a radius of 2,994.57 feet;

Thence along the southerly boundary line of said Railroad Company property and parallel to said southerly rail of the southerly track of a Branch of Railroad known as the Shellpot Branch, and 60.00 feet southerly therefrom and at right angles and radially thereto, the following seven (7) courses and distances: (1) by said curve to the right in an easterly direction, an arc distance of 130.66 feet to the point of tangency of said curve; (2) North 66 degrees-41 '-30" East, 200.10' to the point of curvature of a curve having a radius of 807.05; (3) by said curve to the left in a northeasterly direction, an arc distance of 35.21' to the point of tangency of said curve; (4) North 64 degrees-11'-30" East, 1.367.18' to the point of tangency of a curve having a radius of 6,449.69' (5) by said curve to the left in a northeasterly direction, an arc distance of 262.63' to the point of tangency of said curve: (6) North 61 degrees-51'-31" East 272.33' to the point of curvature of a curve having a radius of 9.999.39' and (7) by said curve to the right in an easterly direction, an arc distance of 464.71' to a point. Thence North 25 degrees-28'-43" West 5.00' to a point 55.00' southerly from said southerly rail of southerly track of said Shellpot Branch of Railroad. Thence parallel to the said southerly rail and 55.00' southerly therefrom when measured at right angles thereto, the two (2) following courses and distances (1) North 64 degrees-11'-1" East, 254.38' to the point of curvature of a curve having a radius of 11,322.70'; and (2) by said curve to the right in an easterly direction an arc distance of 428.55' to a point in the northerly side of interstate highway 1-95 at 400 feet wide. Thence thereby South 40 degrees-13'-40" West 587.43' to a point in the mean high water line on the north side of the Christina River. Thence along the said mean high water line on the north side of the Christina River, its various meandering courses thereof, in a southwesterly direction, 5840 feet, more or less, to a corner for lands of Matthew K. Kelter, Thence along said lands of Matthew K. Kelter the three (3) following described courses and distances: (1) North 44 degrees-04'-22" West, 262.60' to a point; (2) South 78 degrees-47'-38" West 84.30' to a point: and (3) South 59 degrees-43'-51" West, 451.97' to a point in the northeasterly side of Marsh Lane at 50 feet wide; Thence along said northeasterly side of Marsh Lane the three (3) following described courses and distances: (1) North 36 degrees-53'-22" West 11.41' to a point (2) North 74 degrees-29'-22" West, 470.73' to a point; and (3) North 70 degrees-00'22" West, 254.83' to the point of intersection of the said northeasterly side of Marsh Lane with the southerly side of Water Street extended; Thence along the terminal end of Water Street, North 25 degrees-48'-30" West, 35.93 to a point in the southerly property line of The Philadelphia, Baltimore and Washington Railroad Company property to the first mentioned point and place of Beginning. Containing within the said described metes and bounds, 23.5 +1- acres of land, be the same more or less. (Ordinance No. 426, adopted February 14, 1991)

All that certain piece, parcel or tract of land which adjoins and is contiguous to the westerly and southerly boundary of the Town of Newport, in Christiana Hundred, New Castle County, State of Delaware, more particularly described as follows, to wit: Beginning at a point on the southerly side of the Philadelphia, Baltimore and Washington Railroad, said point being 40 feet off the centerline of tracks 2 and 3, a common comer for that portion of lands of Ciba-Geigy which is presently within the Town of Newport and lands herein being described and located the following five courses and distances along the southerly side of the Philadelphia, Baltimore and Washington Railroad from the point formed by the intersection of the southerly side of the Philadelphia, Baltimore and Washington Railroad (49 feet off the centerline of tracks 2 and 3) with the westerly side of James Street (55 feet wide); 1) 49 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 100.00 feet to a point thence; 2) North 01 degrees, 59 minutes, 52 seconds West, 16.00 feet to a point, thence; 3) 33 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 255.00 feet to a point, thence; 4) South 01 degrees, 59 minutes, 52 seconds East, 7.00 feet to a point, thence; 5) 40 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 324.69 feet to the Point of Beginning. Thence, from said Point of Beginning the following twenty courses and distances: (I) through lands now or formerly of Ciba-Geigy and with the Town of Newport limits, South 00 degrees, 03 minutes, 37 seconds East, 734 feet more or less to a point on the northerly low water line of the Christina River, thence, with same; (2) 554 feet, more or less to a corner for lands now or formerly of E. I. du Pont de Nemours and Company, thence with same the following fourteen courses and distances; (3) North, 224.20 feet to a point, thence; (4) West, 71.25 feet to a point, thence; (5) South 64 degrees, 32 minutes, 45 seconds West, 153.05 feet to a point, thence; (6) West, 267.70 feet to a point, thence; (7) crossing Christina Street, parallel to a 20 foot wide paved roadway and 2.5 feet more or less easterly and parallel to an existing 8" sewer, north, 300.76 feet to a point, thence; (8) 0.5 feet more or less southerly and parallel to the southerly foundation wall of Building A-216, East, 103.20 feet to a point, thence; (9) parallel to Building A-216 and 11.0 feet more or less parallel to Building A-202, North, 192.50 feet to a point, thence; (10) West, 16.20 feet to a point, thence; (II) North 45.30 feet to a point, thence; (12) radially crossing a spur track, North 64 degrees, 54 minutes, 52 seconds East, 20.00 feet (crossing the centerline of the spur track at 10.00 feet) to a point, thence; (13) North, 121.82 feet to a point in the southerly side of an existing walkway for Water Street, thence, with same; (14) East, 116.10 feet to a point, thence; (15) North, 99.35 feet to a non-tangent point of curvature, thence; (16) by an arc curving to the left having a radius of 390.78 feet, an arc distance of 143.91 feet (chord = North 67 degrees, 04 minutes, 05 seconds West, 143.10 feet) to a non-radial point of reverse curvature on the southerly side of the Philadelphia, Baltimore and Washington Railroad, thence; 17) 60 feet off and parallel to the centerline of tracks 2 and 3, by an arc curving to the right having a radius of 9,762.13 feet, an arc distance of 261.66 feet to a point, thence; (18) radially, North 04 degrees, 12 minutes, 22 seconds West, 20.00 feet to a point, thence; (19) 40 feet off and parallel to the centerline of tracks 2 and 3 this and the next course and distance by an arc curving to the right having a radius of 9,782.13 feet, an arc distance of 377.03 feet to a point of tangency, thence; (20) North 88 degrees, 00 minutes, 08 seconds East, 192.02 feet to the Point of Beginning. Containing within said metes and bounds 24.854 acres of land, be they the same, more or less. (Ordinance No. 437, November 11, 1993)"

Section 2. Amend Section 3-01, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding the following to the end of said section:

"in which case the form of government established shall be known as the Council - Town Manager form."

Section 3. Amend Section 3-08, Chapter 214, Volume 65, Laws of Delaware, as amended, paragraph B. Appointment and removals by striking the words "and removal" from the fifth line of the paragraph.

Section 4. Amend Section 3-15, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the first sentence thereof in its entirety and replacing in lieu thereof the following:

"An organizational meeting of the Commissioners of Newport shall be held on the second Thursday in April, immediately prior to the regularly scheduled meeting."

Section 5. Amend Section 4-01, Chapter 214, Volume 65, Laws of Delaware, as amended, Paragraph B. Use of County Assesments by striking the third sentence in its entirety and replacing in lieu thereof the following:

The Commissioners then shall order the adoption of such County assessment for municipal purposes or the adoption of assessments as determined by the Town assessment authority; provided, however, that adoption of the County assessment for municipal purposes shall not preclude the Town from modifying the County assessment list to take into account new construction, tax exemption status, or use not reflected in the County assessment list, or clear cases of inequitable assessment."

Section 6. Amend Section 4-01, Chapter 214, Volume 65, Laws of Delaware, as amended, Paragraph D. Assessment Board of Appeals by striking in its entirety and substituting in lieu thereof the following:

D. Assessment Board of Appeals. Each year, at least 30 days before the beginning of the tax year, the Commissioners shall, upon receipt of a application for an assessment appeal, hold a Board of Appeals, during which time the Commissioners shall hear and determine appeals from assessments and shall make such corrections and additions as deemed necessary and proper. The decision of a majority of the Commissioners sitting on appeals shall be final and conclusive in respect to all appeals.

No Commissioner shall sit on his/her own appeal, but the same shall be heard and determined by the other Commissioners. After the said valuation and assessment shall be examined and adjusted by the Commissioners, all property taxes shall be levied on real and personal property thus assessed in just and equal proportions.

Section 7. Amend Section 4-02, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting all text after the word "shall" in the third sentence, and replacing in lieu thereof the following: "prior to the first day for the fiscal year, the Commissioners shall adopt a tax rate for that year."

Section 8. Amend Section 4-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the first sentence of the section in its entirety without replacement; and that the second sentence of the section be amended to read as follows:

All taxes shall be paid to the Town by the close of business on June 30th, or the next banking day if June 30th falls during a weekend or a holiday, of each year."

Section 9. Amend Section 4-04, Chapter 214 Volume 65 Laws of Delaware, as amended, paragraph B. Debt action by deleting the words "Town Clerk" whenever said words occur, and replace in lieu thereof the word "Town".

Section 10. Amend Section 5-01, Chapter 214 Volume 65, Laws of Delaware, as amended, by changing the last word of said section from "ordinance" to "ordain".

Section 11. Amend Section 5-05, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the words "Town Clerk" and substituting in lieu thereof the words "Town Secretary".

Section 12. Amend Section 6-02, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking in its entirety and substituting in lieu thereof the following:

All payments out of the Town bank accounts shall be by check. Two signatures must be affixed to all checks. The Mayor, Commissioners and the Town Manager shall be authorized to sign checks."

Section 13. Amend Section 6-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking in its entirety and substituting in lieu thereof the following:

"Section 6-03. Annual Revenue and Operating Budget

Annually, and not later than sixty (60) days before the beginning of the fiscal year, the town manager shall submit to the Commissioners a budget for the ensuing fiscal year and an accompanying message.

A. Budget Message. The town manager's message shall explain the budget both in terms of work programs and in fiscal terms. It shall describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; summarize the town's debt position; and include such other material as the town manager deems desirable.

B. Budget. The budget shall present the financial plan for conducting the affairs of the town for the ensuing fiscal year and shall comprehend all departments, offices and agencies, and all funds and monies anticipated to be realized by and expended by the town during said fiscal year. In organizing the budget, the town manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, activity and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures for the current year. It shall include in separate sections:

(1) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs; and

(2) Proposed capital expenditures during the ensuing fiscal year.

The total of proposed expenditures shall not exceed the total of estimated income."

Section 14. Amend Section 6-04, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following:

"Section 6-04. Commissioners Action on the Budget

The Commissioners shall cause to be posted in at least five (5) prominent places located in the town, a general summary of the proposed budget, a notice of the times and places where copies of the budget are available for inspection and the time and place for a public hearing on said budget. Such notice shall be posted at least seven (7) days prior to each such hearing.

After the public hearing, the Commissioners may adopt, by resolution, the budgets with or without amendment. The Commissioners may insert new items or expenditures or may increase, decrease or strike out items of expenditure, except that no item of appropriation of debt service shall be reduced.

The budget for the ensuing fiscal year shall be adopted by the Commissioners not later than the last day of the fiscal year currently ending. The tax rate for the ensuing fiscal year shall be adopted at the time the budget is adopted. If it fails to so adopt, the budget submitted by the town manager for operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items in it prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. Also, during such period, the Commissioners may appropriate amounts requested by the town manager for specific capital improvement projects, provided that the town manager certify that the necessary funds are available therefore."

Section 15. Amend Section 6-05, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following:

"Section 6-05. Budget Amendments after Adoption

If at any time during the fiscal year it appears probable to the town manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the council without delay, indicated the estimated amounts of the deficit, any remedial action taken by him, and his recommendations as to any other steps to be taken. The Commissioners shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose, it may reduce one or more appropriations.

The town manager may at any time during the fiscal year transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency; and at any time during the fiscal year, upon written request of the town manager, the Commissioners may transfer part or all of any unencumbered appropriation balance from one department, agency to another.

All actions taken under the provisions of this section shall be at regular council meetings and shall be recorded in the council minutes."

Section 16. Amend Chapter 214, Volume 65, Laws of Delaware, as amended, by re-numbering Section 6-06 to Section 6-07; Section 6-07 to Section 6-08; Section 6-08 to Section 6-09; and Section 6-09 to Section 6-10; and by inserting a new Section 6-06 to read as follows:

"Section 6-06. Capital Program

A. Submission to the Commissioners. The town manager shall prepare and submit to the Commissioners a five-year capital program at least four (4) months prior to the final date for the submission of the budget. The capital program shall include the following elements and information:

(1) A clear general summary of its contents;

(2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements.

(3) Cost estimates, method of financing, and recommended time schedules for such improvements; and

(4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

B. The Commissioner Action on Capital Program. The Commissioners shall hold such deliberations and hearings as it deems desirable concerning the proposed capital program. It shall adopt the final program, with or without amendments, deletions or additions, no later than sixty days prior to the end of the current fiscal year.

The town manager shall incorporate the approved capital program and projects for the current year into the budget.

C. Definition of "Capital". For the purpose of this section, "capital" shall be defined as any project or equipment, including any extension or addition thereto or thereof, having a life expectancy in excess of, or to be financed over a period greater than six (6) years, or a value exceeding five thousand dollars ($5,000.00).

D. Perpetuation of Program. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. New projects will be added as their need becomes apparent."

Section 17. Amend Section 6-08, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking in its entirety and substituting in lieu thereof the following:

"Provided however; that any sum of money borrowed by the Town Council on the full faith and credit of the Town as aforesaid, shall be paid in full, together with all interest and charges thereon, within a period not to exceed the useful life of the capital asset, or ten (10) years, whichever is less, except for real estate, in which case real estate should be financed within a period not to exceed twenty-five (25) years."

Section 16. Amend Section 7-02, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following:

" If and when the Mayor and Commissioners choose not to use the County assessments as specified in Section 4-01, Paragraph B. of this charter, the Mayor, with the advice and consent of three Commissioners shall appoint an officer of the Town who shall have the title of Town Assessor. He/she shall be a certified real estate assessor in his\her state of incorporation, and shall have practiced the determination of real estate assessments for at least five years prior to appointment."

Section 18. Amend Section 7-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following:

"The Mayor shall appoint, with the approval of three Commissioners, an officer of the town who shall have the title Town Secretary, The Town Secretary shall be appointed at the organizational meeting for a term of one year. The Town Secretary shall authenticate by his/her signature and record in full, in a properly indexed book for that purpose, all ordinances, resolutions, regulations, and meeting minutes adopted and or approved by the council. The Town Secretary shall file and keep in a safe place the Seal of the Town, attest the same when authorized by the Mayor, the Commissioners or the town manager, and perform other duties as may be designated by the Mayor and Commissioners, town manager, this Charter or ordinance."

Section 19. Amend Section 7-04, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking the first sentence of the section and substituting in lieu thereof the following:

If and when the Mayor and Commissioners choose not to appoint a Town Manager as set forth in Article IX of this Charter, the Mayor shall, with the advise and consent of three Commissioners, appoint a Town Clerk."

Section 20. Amend Chapter 214, Volume 65, Laws of Delaware, as amended, by striking Section 7-07. Town Fire Marshall in its entirety without replacement; and by renumbering Section 7-08 as Section 7-07; and Section 7-09 as Section 7-08.

Section 21. Amend Section 7-07, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding the following to the end of said section:

The Building Inspector shall report to and received direction from the Town Manager."

Section 22. Amend Section 7-08, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding the following to the end of said section:

"The Plumbing Inspector shall report to and received direction from the Town Manager."

SYNOPSIS

1. ARTICLE I, Section 1-02. Geographic Boundaries

This section is amended to reflect the annexation of property which has occurred since the last charter was adopted in 1985.

2. ARTICLE III, Section 3-01. Form of Government

Establishes the form of government when a Town Manager is appointed as the "Council -Town Manager" form of government.

3. ARTICLE III, Section 3-08. Commissioners Prohibition,

This section is changed so as to not grant the Commissioners license to freely discuss with the Town Manager their views relating to the removal of an employee. Such discussion should be limited due to the fact that the Commissioners are required to serve as a Board of Appeal for employee appeals from disciplinary actions, pursuant to Article IX, Section 9-

4. ARTICLE III, Section 3-15. Organizational Meeting

Changes the time for the annual organizational meeting to the second Thursday in April.

5. ARTICLE IV, Section 4-01. Property Assessment Procedure,

Changes the circumstances in which the town may modify the County assessment list to include tax exemption status, and to exclude change in ownership; and changes the date requirements for the determination to use County assessments.

6. ARTICLE IV, Section 4-01. Property Assessment Procedure

Establishes that upon proper receipt of an application for an assessment appeal, such hearing shall be held.

7. ARTICLE IV, Section 4-02 Levy of Taxes

Eliminates outdated reference to the "Town Treasurer position, and established the requirement that the Commissioners establish the tax rate prior to the first day of the fiscal year.

8. ARTICLE IV, Section 4-03. Payment of Taxes

Eliminates the reference to the "Town Clerk" position as it relates to the payment of taxes.

9. ARTICLE IV, Section 4-04. Collection of Delinquent Taxes Generally

Eliminates the reference to the "Town Clerk" position as it relates to the collection of taxes,

10. ARTICLE V., Section 5-01. Ordinances Generally

Corrected a typographical error in the original by changing the word "ordinance" to "ordain".

11. ARTICLE V, Section 5-05. Authentication and Recordation

Replaces the title "Town Clerk" with the title "Town Secretary" as it relates to authentication and recordation of ordinances, resolutions and regulations adopted by the Commissioners.

12. ARTICLE VI, Section 6-02. Payment of Monies out of Town Treasury

Removes the reference to the title "Town Clerk" as it relates to the drafting of checks for payment and establishes that any combination of two of the Town Manager and the Mayor and the Commissioners shall be authorized to sign checks.

13. ARTICLE VI, Section 6-03.Annual Revenue and Operating Budget

14. Establishes formal requirements for the submission and approval of the annual revenue and operating budget.

14.ARTICLE VI., Section 6-04 Commissioners Action on the Budget

ARTICLE VI., Section 6-05. Budget Amendments after Adoption

Restates the requirements of the Commissioners in regards to action on the budgets. Sets procedures for the funding of town operations and capital projects in the event no budget is adopted prior to the start or the fiscal year. Establishes procedures for the amendment of the budget, including allowing the Town Manager to transfer unencumbered appropriation balances among programs within any department.

15. ARTICLE VI, Section 6-04. The Capital Plan and Capital Budget

Restates the formal requirements relating to the proposal and adoption of the capital plan and the capital budget.

10. ARTICLE VI, Section 6-07. Borrowing for Current Expense and Capital Expenditures

Changes the term For which monies borrowed must be repaid to not to exceed the useful life of the asset or ten (10) years, whichever is less, except for real estate which should be financed within a period not to exceed twenty five years.

10. ARTICLE VII, Section 7-02. Assessor

Restates the requirements for the "Assessor" position, allowing for the position to be vacant in the event the Commissioners choose to adopt the County assessment rolls for the town and restating the qualifications for the position.

18. ARTICLE VII, Section 7-03. Town Secretary

Restates the language regarding the "Town Secretary" position.

19. ARTICLE VII, Section 7-04. Town Clerk

Restates the charter requirement relating to the "Town Clerk" position by establishing that the position shall be used only when there is not a Town Manager appointed by the Commissioners.

20. ARTICLE VII, Section 7-07. Town Fire Marshall

Deletes said section without replacement.

21. ARTICLE VII, Section 7-08. Town Building Inspector

Restates the charter requirements relating to the "Town Building Inspector" to state that the position shall be under the direction of the Town Manager.

22. ARTICLE VII, Section 7-09. Town Plumbing Inspector

Restates the charter requirements relating to the "Town Plumbing Inspector" to state that the position shall be under the direction of the Town Manager.

Approved February 3, 1995