CHAPTER 2

FORMERLY

SENATE BILL NO. 5

AN ACT TO AMEND AN ACT BEING CHAPTER 326, VOLUME 71, LAWS OF DELAWARE, AS AMENDED ENTITLED AN ACT TO REINCORPORATE THE TOWN OF MILTON, THE CHARTER OF THE TOWN OF MILTON, RELATING TO A TOWN MANAGER AND TO ANNEXATION AGREEMENTS AND AMOUNT OF INDEBTEDNESS.

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 the Charter of the Town of Milton, Chapter 326, Volume 71, Laws of Delaware, as amended by inserting a new Section 19 to read as follows and to redesignate Sections “19-36" as Sections “20-37" respectively:

SECTION 19 (a) The Town Council of the Town of Milton may appoint a Town Manager who shall have such duties as shall be described by the Town Council.

(b) The Town Council of the Town of Milton shall impose qualifications for the Town Manager as may be deemed necessary; provided, however, that no person holding the office of Mayor or Town Councilmen shall be chosen to be the Town Manager during his term of office as the Mayor or Councilmen.

(c) The Town Manager shall hold office for an indefinite term and may be removed by a majority vote of the Town Council of the Town of Milton.

(d) In case of absence or disability of the Town Manager, the Town Council may designate some qualified person who may be

elected or an appointed official of the Town of Milton to perform the duties of such office during his or her absence or disability.

(e) The compensation which the Town Manager shall receive for the performance of his or her duties shall be fixed by the Town Council of the Town of Milton.

(f) The Town Manager shall be responsible to the Town Council of the Town of Milton for the proper administration of the affairs of the Town placed in his charge.

(g) The Town Manager shall have all of the authority and responsibility enumerated in this Charter for the town clerk.

(h) In addition, the Town Manager’s responsibilities shall include: (1) Maintaining the administrative organization of the Town to ensure efficiency of operation, (2) Overseeing the accounting of all monies of the Town, (3) Making monthly reports to the Mayor and Council pertaining to financial status of the Town, (4) Annually preparing a proposed budget and work program for the Town, (5) Preparing an annual report of the previous years activities for presentation to the Mayor and Council and the citizens of Milton, (6) Appointing with Mayor and Council all department heads and supervising their performance on a day to day basis, (7) Acting as personnel officer for the Town, including hiring, evaluating, promoting and disciplining employees and establishing procedures for others to follow in such matters, (8) Recommending an annual salary schedule for the Town’s employees for Mayor and Council consideration, (9) Identifying services and policy needs of the Town and bringing them to the attention of the Mayor and Council with recommendations for action, (10) Maintaining a sound public relations posture between the Town and its citizens the press and other federal state and local governments, (11) Coordinating departmental activities and setting obtainable goals for all municipal departments, (12) Acting as purchasing agents for all municipal departments and overseeing the bid process on major purchases, (13) Maintaining contact with the public by handling suggestions, complaints and information requests, (14) Carrying out the directives of the Mayor and Council, (15) Attending meetings of the Mayor and Council, preparing its agendas, providing supporting documents and information pertinent to the agenda items, (16) Attending various meetings on behalf of the Town, (17) Preparing federal state grant requests and administering grant proposals, enforcing municipal and state codes, interacting with numerous municipal committees as needed, and (18) Performing related work as required.”

SECTION 2. Amend Sections 29(a) The Charter of the Town of Milton, Chapters 326, Volume 71, Laws of Delaware, as amended, by deleting sub-paragraph 29(a)(44) in its entirety and replacing it with the following:

“(44) May impose upon annexed property such terms and conditions including impact fees that are reasonably calculated to recover the cost, and that have a rational relationship to such growth, of installing, enlarging, improving or expanding public or municipal improvements, including but not limited to sewer, water, roads, parking and/or police. Such terms and conditions and/or impact fees may be reflected in an Annexation Agreement negotiated and accepted by the Town and the Annexee prior to annexation.”

SECTION 3. Amend Section 33 (b) The Charter of the Town of Milton, Chapter 326, Volume 71, Laws of Delaware, as amended by deleting the word “succeed” and replacing in lieu thereof the word “exceed” and by deleting “twenty five percent (25%)” and replacing in lieu thereof “thirty percent (30%)”.

Approved February 7, 2005