CHAPTER 388

FORMERLY

SENATE BILL NO. 391

AN ACT TO AMEND CHAPTER 197, VOLUME 64, LAWS OF DELAWARE, AS AMENDED, BEING AN ACT ENTITLED: "AN ACT TO RE-INCORPORATE THE TOWN OF ELLENDALE".

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 12 of chapter 197, Volume 64, Laws of Delaware by deleting the words "except with the unanimous consent of the entire council" and in place thereof inserting the words "except with the unanimous consent of those members of the Council who have no personal pecuniary interest in the contract."

Section 2. Amend Section 14(B) of Chapter 197, Volume 64, Laws of Delaware by Inserting the words "or resolution" after the words "by ordinance".

Section 3. Amend Section 14(I), Chapter 197, Volume 64, Laws of Delaware, by striking that section in its entirety and in place thereof, inserting the following:

"The Town Council may retain a Town Solicitor who shall be a member in good standing of the Delaware State Bar and authorized to practice before all courts of the State of Delaware. It shall be the duty of the Town Solicitor, upon request of the Mayor and/or a majority of the Town Council to give legal advice to the Council and to other officers of the Town, and to perform such other legal services as may be required of him by the Town Council."

Section 4. Amend Section 17 of Chapter 197, Volume 64, Laws of Delaware by inserting a new paragraph "(E)" as follows:

"(E) Attorneys Fees ltd Costs of Collection. In addition to the amounts owed to the Town for taxes, assessments and other charges, and in addition to the late payment penalties of one percent (1%) per month as prescribed in Section 16(D), the Town Clerk shall also be entitled to recover from the taxable or from proceeds of any attachment or sale of property to collect such amounts due the town, any amount necessary to reimburse the Town for its documented out-of-pocket expenditures incurred in connection with effecting such collection, including but not limited to court filing fees, Sheriff's costs, sale costs, advertising and photocopy costs, and reasonable attorney fees."

Section 5. Amend paragraph 30 of Section 18 of Chapter 197, Volume 64, Laws of Del-aware by deleting the final clause (beginning with "provided that the amount to be raised") in its entirety and in place thereof, inserting the words

"provided that the amount to be raised in any one year from this source shall not exceed Fifty Thousand dollars ($50,000)."

Section 6. Amend Section 20, Chapter 197, Volume 64 Laws of Delaware by re-designating paragraphs "(A)" through "(Q)" inclusive of section 20 as paragraphs "(1)" through "117)" inclusive; and by re-designating section 20 as "Section 20B"

Section 7. Further amend Chapter 197, Volume 64, Laws of Delaware by inserting, as a new "Section 20A" the following:

"Section "20A. Short Term Borrowings by Town Council Without Voter Approval. The Town Council shall have the power to borrow money on the full faith and credit of the town, from time to time, without approval of the voters and without regard to the provisions of Section 20B of this Charter, such sum or sums not exceeding in the aggregate Thirty Thousand dollars ($30,000) for general purposes when in the opinion of the majority of the Town council elected, the needs of the Town require it; provided, however, that any new borrowings under this Section 20A made after the effective date of this act shall, by their terms, he repayable in full within six (6) years of the date of each such borrowing. Any sum or sums so borrowed shall be secured by a promissory note or notes or other evidence of indebtedness of the Town Council duly authorized by Resolution of the Town Council and signed by the Mayor and attested by the Secretary of the Town Council with the town seal affixed. No Council member shall he liable for the payment of any such note or any other evidence of indebtedness because 11 is signed by him as a Council member, provided that he is so authorized by Resolution of Town Council. Such notes or evidences of indebtedness and the interest thereon shall be exempt from all taxation by the State of Delaware. its agencies and political subdivisions. Any sum(s) of money borrowed on the full faith and credit of the Town shall be paid from the general funds of the Town and/or from the proceeds of any grant or gift to the Town unless restricted by the terms of such grant or gift. The aggregate amount of outstanding principal from any such borrowing or borrowings under this §20A shall at no time exceed the sum of Thirty Thousand dollars ($30,000)."

Section 8. Amend Section 26A(1) of Chapter 197, Volume 64, Laws of Delaware by deleting the words "Two Thousand Dollars ($2,000)" and in place thereof inserting the words "Five Thousand dollars ($5,000),"

Section 9. Further amend Section 26A of Chapter 197, Volume 64, Laws of Delaware by inserting a new paragraph 10 as follows:

"10. The purchase or contract is made by, with, or through an agency of the State of Delaware."

Section 10. Delete Section 37 of Chapter 197, Volume 64, Laws of Delaware in its entirety.

Section 11. Amend Section 38 of Chapter 197, Volume 64, Laws of Delaware by

deleting the words "ninety days" and in place thereof inserting the words "one (1) year".

Approved July 8, 1998