CHAPTER 41

FORMERLY

HOUSE BILL NO. 155

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO, CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO", TO CHANGE THE TIME OF THE ANNUAL ORGANIZATIONAL MEETING, TO DELETE TECHNICAL REQUIREMENTS FOR SPECIAL MEETINGS, TO ADD STANDARDS TO THE REQUIREMENTS FOR ALDERMAN, TO REMOVE A MANDATED BOARD OF HEALTH, AUTHORIZE THE TOWN MANAGER ON BEHALF OF THE TOWN COUNCIL TO DIRECT THE POLICE DEPARTMENT, TO REMOVE OUTDATED REFERENCES TO COSTS AND TO CORRECT CERTAIN OUT OF DATE REFERENCES AND TYPOGRAPHICAL ERRORS.

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 Subsection (a), Section 9, ORGANIZATION AND ANNUAL MEETING OF COUNCIL, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking out the phrase "At eight o'clock in the evening, prevailing time," at the beginning of the second sentence and capitalizing the word "At" so that the second sentence shall read as follows:

"At the first regular meeting following the Annual Municipal Election, the Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office being first duly sworn or affirmed to perform their duties with fidelity, as aforesaid."

Section 2. Amend Section 10, REGULAR AND SPECIAL MEETINGS, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking the last three sentences of said section.

Section 3. Amend Subsection (a), Section 19, ALDERMAN AND ASSISTANT ALDERMAN, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking the "." and substituting in lieu thereof a ";" at the end of the first sentence and adding to the end thereof the following:

…such persons shall be members in good standing of the Bar of the State of Delaware and shall meet the standards established for magistrates and Justices of the Peace for the State of Delaware."

Section 4. Amend Subsection (a), Section 22, BOARD OF HEALTH, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking the first sentence thereof and substituting in lieu thereof the following:

"The Town Council may provide for a Board of Health. If it is established, the Board of Health shall consist of four (4) members, one of whom shall be a practicing physician."

Section 5. Amend Subsection (a), Section 23, POLICE FORCE, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking from the last sentence the words "Chairman of the Police Committee" and substituting in lieu thereof the words "Town Manager"

Section 6. Amend Subsection (h)(8), Section 28, COLLECTION OF ANNUAL TAXES, Chapter 457, Volume 60, Laws of Delaware, as amended, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(8) In the sale of lands for payment of delinquent taxes, the costs shall be allowed to be deducted from the proceeds of the sale or chargeable against the owner, as the case may be, including but not limited to charges of the Prothonotary, Town of Millsboro, cost of printing and posting hand bills, the publication of the advertisement of sale in one or more newspapers, the auctioneer's fee and attorney's fees incurred by the Town of Millsboro. The costs of the deed will not be chargeable as costs, but shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware and municipal transfer tax shall be paid by the purchaser of said lands at the tax sale."

Section 7. Amend Subsection (b)(4), Section 31, STREETS, Chapter 457, Volume 60, Laws of Delaware, as amended, by striking out the words "Farmers Bank of the State of Delaware" and substituting in lieu thereof the following:

"...the banking institution as may be described by the Town Council, which institution shall be licensed in the State of Delaware and insured by the Federal Deposit Insurance Corporation or its successor,"

Section 8. Amend Subsection (b), Section 34, POWER TO BORROW MONEY AND ISSUE BONDS, of Chapter 457, Volume 60, Laws of Delaware, as amended, by striking in the first sentence thereof the word "succeed" as it appears in said sentence and substituting in lieu thereof the word "exceed."

Approved May 22, 1997