HOUSE BILL NO. 225
AN ACT TO AMEND THE MUNICIPAL CHARTER OF THE TOWN OF GREENWOOD CHAPTER (109 LAWS OF DELAWARE, VOLUME 68, AS AMENDED) TO DELEGATE TO THE TOWN TAX COLLECTOR THE SAME COLLECTION POWERS, INCLUDING MONITION PROCEEDINGS, AS CONFERRED UPON THE RECEIVER OF TAXES OF SUSSEX COUNTY.
WHEREAS, the municipal Charter of the Town of Greenwood sets out an antiquated and cumbersome procedure for the Town Tax Collector to proceed with collection of Town property taxes;
WHEREAS, the procedure for collection of Town property taxes currently set out in the municipal Charter for the Town of Greenwood is not in common use by other municipalities or by Sussex County and is not familiar to the staff and judges of the Superior Court, thereby resulting in confusion, delay and inefficiency; and
WHEREAS, until such time as a comprehensive revision and updating of the entire municipal Charter of Greenwood can be prepared and enacted into law, it would be in the public interest that said Charter be amended so that the Town Tax Collector will have the same powers, and can follow the same procedures, as established for the Receiver of Taxes for Sussex County;
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. That the municipal Charter of the Town of Greenwood, Chapter 109, Laws of Delaware, Volume 68 (as amended) be further amended by inserting, as a new last sentence to subparagraph (a) of Section 27, the following:
“In addition to all powers otherwise delegated to the Town Tax Collector under this Charter, the Town Tax Collector shall have all of the same powers, remedies and authority, including the monition procedure, as conferred upon the Receiver of Taxes for Sussex County under 9 Del.C., Chapter 87, as the same may from time to time hereafter be amended, or in accordance with any future corresponding provision of law. In exercising such powers, remedies and authority, the Town Tax Collector and the Superior Court shall follow the same procedures as applicable to the Receiver of Taxes under 9 Del. C., Chapter 87.”.
Approved July 17, 2007