[HISTORY: Adopted as Chapter 302, Volume
49, of the Laws of Delaware (formerly House Bill No. 274). Amendments
noted where applicable.][1]
[1]
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE
STATE OF DELAWARE (TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH
THEREOF CONCURRING THEREIN):
The territory hereinafter defined in Section 2 of this Act and the inhabitants thereof within said territory are created a municipal corporation of the State of Delaware under the style and name of the Town of Fenwick Island, Delaware.
The corporate limits and boundaries of the Town
of Fenwick Island, Delaware are established and declared to include
all of the pieces and parcels of land, marsh and beach described as
follows:
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No. 1. All that certain piece and parcel of
land situate at Fenwick Island, Baltimore Hundred, Sussex County,
State of Delaware, more particularly described as follows, to wit:
Commencing at a point at the high water mark of the Atlantic Ocean;
thence on a line North 82 degrees 51 minutes West a distance of 230
feet plus or minus to a hub; thence on the same course 52.08 feet
to a hub; thence on the same course 281.50 feet to a stone; thence
on the same course to and across the State Highway leading from Bethany
Beach to the Maryland State line whatever the distance may be to the
Westerly edge of the right-of-way line of said Highway; thence by
and with the Westerly edge of said right-of-way line of said State
Highway in a Southerly direction to the South side of Atlantic Street
Extended; thence on a line South 83 degrees 39 minutes East across
the aforementioned Highway to a stone; thence on the same course 380.5
feet to a stone; thence on the same course 230 feet to the high water
mark of the Atlantic Ocean; thence with the high water mark of the
Atlantic Ocean in a Northerly direction to the place of beginning,
be the contents what it may, as by reference to a plot of said lands
filed in the Office of the Recorder of Deeds in and for Sussex County
in Plot Book No. 2, page 18 will more fully and at large appear.
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No. 2. All that certain piece and parcel of
land situate at Fenwick Island, Baltimore Hundred, Sussex County,
State of Delaware, and adjoining in part Parcel No. 1 above described
more particularly described as follows, to wit: All of Blocks Nos.
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 as
laid out on the plot of the lands of N. Walter Suplee, said plot being
dated December 18, 1945 and now of record in the Office of the Recorder
of Deeds in and for Sussex County in Plot Book No. 2, page 25, and
all lands not specified on the said plot by particular lot numbers
but being left on said plot between each of the blocks numbered one
through eighteen inclusive for possible use as streets as well as
that land left without a lot number on the said plot between Lot No.
91 in Block No. 18 and Lot No. 92 which has no block number.
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No. 3. All that certain piece and parcel of
land situate at Fenwick Island, Baltimore Hundred, Sussex County,
State of Delaware, more particularly described as follows, to wit:
All of the land lying to the rear and West of Blocks Nos. 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 as laid out
of the plot of the lands of N. Walter Suplee, as the same remains
of record in the Office of the Recorder of Deeds in and for Sussex
County at Georgetown in Plot Book No. 2, page 25, and which were conveyed
to George J. Schulz by deed of N. Walter Suplee and Mary J. Suplee,
his wife, said deed being dated June 2, 1950 and now of record in
the Office of the Recorder of Deeds at Georgetown in Deed Book No.
393, page 583, and all islands or marsh belonging to the said George
J. Schulz or to the State of Delaware either at the shores of Little
Assawoman Bay located to the rear and West of the aforementioned Blocks
or the nearest shore of which is within one-quarter of a mile of the
lands of the said George J. Schulz herein mentioned.
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The Town Council may at any time hereafter cause
a survey and plot to be made of the Town of Fenwick Island, Delaware,
and said plot when so made and approved by the Town Council, signed
by the President and attested by the Secretary with the municipal
corporate seal attached thereto may be recorded in the Office of the
Recorder of Deeds of the State of Delaware, in and for Sussex County
and when so recorded the plot, or a duly certified copy thereof, shall
be evidence in all Courts of law and equity of this State.
The Government of the Town and the exercise
of all powers conferred by this Charter, except as otherwise provided
herein, shall be vested in a Town Council consisting of seven (7)
members, one (1) of whom shall be designated as President; provided,
however, that until the first municipal election to be held on the
first Saturday in August 1953, and until the seven (7) members of
the Council elected at that time shall qualify, the Town Council shall
consist of the ten (10) persons hereinafter named in Section 5 of
this Charter, who are the officers and directors of an unincorporated
association, known as the Fenwick Island Beach Association. The President
of the Town Council shall also be known as the "Mayor," and wherever
the title "President" occurs in this Charter, it shall be understood
to include the title "Mayor."
(74 Del. Laws, c. 251)
Until the first regular municipal election and
until their successors are fully elected and qualified, the following
persons shall serve as members of the Town Council: Vollie M. Lynch,
George J. Schulz, Vance A. McCabe, Charles D. Thompson, John R. Furman,
Cecil Fisher, William W. Clark, Helen West, Adah McCabe and Virgil
Wiley. Virgil B. Wiley is hereby designated President of the Council,
Adah McCabe, Secretary of the Council and Helen West, Treasurer.
A.
On the first Saturday in August each year, a municipal
election shall be held between the hours of 1:00 p.m. and 5:00 p.m.,
at such place within the limits of the Town as shall be designated
by the Town Council. Each member of the Town Council shall be elected
to serve for a term of two (2) years or until his or her successor
is elected and qualified. Four (4) members of the Town Council shall
reside within fifty (50) miles of the Town of Fenwick Island. No employee
of the Town of Fenwick Island, either part-time or full-time, shall
serve as a member of Town Council. A member of the Town Council shall
only be qualified to hold office so long as he or she holds the requirements
to be a candidate in the Town of Fenwick Island; he or she shall no
longer be eligible to serve as a member of the Town Council from the
date of the act or event causing the member to be ineligible.
B.
In the event of a tie vote, a runoff election between
the candidates so tied shall be held within twenty-eight (28) days
after the annual election at which the tie vote occurred, and notice
of such runoff election shall be posted at the Town Hall within three
(3) days after the annual election.
A.
At least forty-five (45) days before the day of the
election, nominations for the Council shall be filed with the Secretary
of the Council. (Amended by General Assembly. S.B. 526, State of Delaware,
June 27, 1986) The nominations shall be in writing signed by the nominees
or by five (5) citizens of the Town, which nominations shall be presented
to the Council by the Secretary at a meeting of the Council to be
held at the usual meeting place which shall be held not later than
9:00 in the evening of the last day for filing nominations. Voting
machines shall be utilized during Annual Municipal Elections in compliance
with the applicable provisions of 15 Del. C. § 7501, et
seq.
B.
The Town may, by ordinance, provide for any qualified
voter to cast an absentee ballot if such person is unable to appear
and cast his, her, or its ballot.
C.
The procedures enacted by the General Assembly as
Subchapter IV, Municipal Elections except for the City of Wilmington
and Subchapter V, Absentee Voting in Municipal Elections except for
the City of Wilmington, Chapter 75, Title 15, Del. C, are included
and incorporated herein by reference.
Every election shall be held under the supervision
of an Election Board, consisting of three (3) qualified voters of
the Town, to be appointed for that purpose by the Council, but if
at the time of the opening of the election the three (3) qualified
voters appointed by the Council as the Election Board are not present,
a quorum or greater number of the Town Council shall appoint a qualified
voter or voters to act in place of the absentee members of the Election
Board. Compensation of the members of the Election Board shall be
fixed by the Town Council.
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(62 Del. Laws, c. 410, § 2)
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A.
Voter
qualifications.
[Amended 2-23-2018]
(1)
Residents:
(a)
Every natural person, who is a citizen of the State of Delaware and
the United States, age 18 on or before the date of the election, a
bona fide resident of the Town prior to the annual municipal election,
and registered to vote thirty (30) or more days prior to the annual
municipal election, if provided by ordinance, shall have one vote.
(b)
A bona fide resident for purposes of this Section 9, "bona fide resident" means a permanent, full-time resident of the Town. The following documentation may be considered by a registrar in determining whether a person is a permanent, full-time resident of the Town under this section. The registrar does not need to be presented with all of the following documentation in order to conclude that a person qualifies to vote in the annual municipal election as a bona fide resident of the Town:
(i)
A current State of Delaware driver's license or identification
card showing a Town address that is not a post office box;
(ii)
An official government uniformed service identification card
showing a Town address that is not a post office box;
(iii)
A voter registration card issued by the State of Delaware showing
a Town address that is not a post office box;
(iv)
Other current photo identification issued by the State of Delaware;
U.S. Government; the voter's employer, high school or higher
education institution showing a Town address that is not a post office
box;
(v)
Any motor vehicle operator's license, whether or not it
is a conventional driver's license, showing a Town address that
is not a post office box;
(vi)
Any motor vehicle registration, if the registration shows that
the motor vehicle is owned by the person in question and shows a Town
address that is not a post office box; and/or
(vii)
Any other documentation that a person can reasonably and commonly
accept as proof of address.
(2)
Non-residents: Every property owner as of March 1
prior to the annual municipal election, whether a natural person or
artificial entity, including but not limited to corporations, partnerships,
trusts, and limited liability companies, and who is registered to
vote, if provided by ordinance, shall have one vote. A natural person
shall be a citizen of the United States and age 18 on or before the
date of the election. An artificial entity shall be a domestic entity
in the State of Delaware.
(3)
These provisions shall be construed in accordance
with the principle of "one-person/entity, one vote." Where a voter
is entitled to vote by virtue of being both a resident and as an owner
of real property, that voter shall be entitled to only one vote; where
a voter is entitled to vote by ownership of two or more parcels of
real property, that voter shall be entitled to only one vote.
(4)
Any legal entity, other than a natural person entitled
to vote, must cast its vote by a duly executed and notarized power
of attorney from the legal entity granting the authority to cast its
vote to its designated attorney-in-fact. Such power of attorney shall
be surrendered to the election officials who shall file the same in
the office of the Town. Such power of attorney so filed shall constitute
conclusive evidence of the right of said person to vote in the election
on behalf of the legal entity granting the power. The person casting
the ballot for such entity shall be age 18 on or before the date of
the election and a citizen of the United States.
A.
Upon the close of the election the vote shall be read
and counted publicly, and the person having the highest number of
votes for each office shall be declared duly elected and continue
in office for the term stated, or until his or her successors shall
be duly elected and qualified. In case a tie vote is declared by the
Election Board, a runoff election between the candidates so tied shall
be held.
B.
The Election Board shall enter in a book to be provided
for that purpose a minute of the election, containing the names of
the persons chosen, shall subscribe to the same and shall give to
the persons elected certificates of election, which book, containing
such minutes, shall be preserved by the Council and shall be evidence
in any Court of Law or Equity. All ballots cast and the records of
the election shall be preserved in the custody of the Election Board
for a period of ten (10) days.
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(62 Del. Laws, c. 410, § 3)
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The Members of the Council at their first meeting
after said election, or as soon thereafter as may be, shall choose
from their own number, a President and a Secretary and Treasurer to
serve until the first annual organization meeting after the next preceding
election. They may also choose an Assistant Secretary, to serve at
the pleasure of the Town Council who may or may not be from among
their own number.
The Town Council shall hold at least ten (10)
regular meetings per year within the Town at such times and places
as may be designated by the Council. (Amended by General Assembly,
HB 161, State of Delaware, June 1, 1973) Special meetings may be called
by the President and shall be called by him upon written request of
three (3) members of the Council. Special meetings shall be called
in such manner and at such time as shall be prescribed by Ordinance
or resolution of the Council, and the call may be either written,
telegram or oral as designated by ordinances or resolution.
(59 Del. Laws, c. 65, § 7)
A majority of the members elected to the Council
shall constitute a quorum, but a less number may adjourn from time
to time and may compel the attendance of absent members in such manner
and under such penalties as may be prescribed by ordinance.
The Council shall determine its own rules and
order of business, and shall keep a journal of its proceedings, and
the ayes and nays shall be taken upon the passage of every ordinance
and resolution and shall be entered in the journal with the text of
the ordinance or resolution.
A.
Vacancies. The office of a Town Council member shall become vacant
upon death, incapacity, resignation or forfeiture of such office.
In case of vacancy created in the Town Council, by death, resignation
or otherwise, the remaining members of the Council may fill such vacancy
by appointment. The person so appointed shall serve for the unexpired
term or until his or her successor shall be elected and duly qualified.
B.
Forfeiture proceedings. A forfeiture of such office shall occur when
any Town Council member:
C.
Determination concerning Forfeiture. Where the conditions set forth in Section 15 (B), items (3) or (4) occur, forfeiture shall be automatic. Where the conditions set forth in 15 (B), items (1) or (2) are alleged, forfeiture shall be approved by the remaining Town Council members. Such decision shall be made in executive session, and if the Town Council determines by majority vote that a forfeiture has occurred, it shall, within forty eight (48) hours thereafter, provide written notice thereof to the affected Town Council member, by certified mail, return receipt requested, sufficiently posted. Written notice shall be deemed provided when deposited in first-class mail with sufficient postage. The affected member shall be entitled to a hearing and then shall have thirty (30) days in which to make a written request for a public hearing before the Town Council, which hearing is to be held within forty five (45) days of the written request and at which hearing such member may appear with the assistance of counsel and present evidence to relevant issues. The Town Council shall also hear any other relevant evidence and vote again on the question of forfeiture. A determination of forfeiture shall be made only by unanimous vote of the Town Council members present and entitled to vote on the question.
D.
Failure to Request Hearing as a Bar. Failure of the affected member
to make written request for a public hearing as hereinabove stated
shall be an absolute bar to his or her right to challenge the Town
Council's decision. If a public hearing is held, the Town Council
shall have authority to subpoena witnesses, administer oaths, take
testimony, and require the production of documentary or physical evidence,
all of which shall be done on behalf of the affected person if requested,
in writing, by him/her.
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(77 Del. Laws, c. 250, § 1)
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The President shall preside at the meetings
of the Town Council. He shall have general supervision of the affairs
of the Town, and shall perform such other duties as may be prescribed
by ordinance or by-laws adopted by the Council.
A.
The President shall have jurisdiction and cognizance
of all breaches of the peace and other offenses committed within the
limits of the Town so far as to arrest and hold to bail or fine and
imprison offenders of all fines, penalties and forfeitures prescribed
by this Charter or ordinance enacted hereunder; of all neglect, omissions
or defaults of any member of the police force or Town officer, agent
or employee; provided that he shall impose no fine or penalty in excess
of that fixed by the ordinance, and shall not commit to prison for
any longer term than thirty (30) days. The Sussex County Jail may
be used for imprisonment under the provisions of this Charter. The
President shall also have jurisdiction in suits of civil nature for
the collection of Town Taxes, recovery of amounts due and payable
for the construction of sidewalks, curbs or pavements, expenses or
abatement of nuisances and all other matters which may arise in the
proper government and control of the Town under the provisions of
the Charter, and within his jurisdiction he shall have all powers
and authority and shall be subject to all the limitations of a Justice
of the Peace of Sussex County, except as may be herein otherwise provided;
and his fee shall be the same as those of the Justice of the Peace
for the service. For any service for which no fee is provided, such
fee may be established by ordinance.
B.
In the event the President of the Town Council does
not wish to or is unable to perform the duties and exercise the powers
imposed upon him under this section, the Town Council may elect some
suitable person to be Alderman to perform said duties, who may or
may not be a Justice of the Peace, and who may or may not reside in
the Town, to serve at the pleasure of the Council.
C.
The Alderman shall report in writing all fines imposed
by him and all fines and penalties and other moneys received by him,
when requested to do so by the Treasurer. He shall pay all such moneys
to the Treasurer. He shall pay all such moneys to the Treasurer within
ten (10) days after making report thereof to the Treasurer, and for
failure to make report to the Treasurer or for failure to make payment
to the Treasurer for the space of ten (10) days, he shall be deemed
guilty of a misdemeanor and shall be punished, upon conviction, as
herein provided.
D.
Upon the termination of his authority the Alderman
shall forthwith deliver to his successor all books, papers, documents
and other things belonging or appertaining to his office and shall
pay over to the Treasurer all moneys in his hands belonging to the
Town. Upon neglect or failure to make such delivery or payments for
the space of ten (10) days, he shall be deemed guilty of a misdemeanor
and upon conviction shall be fined not more than Five Hundred Dollars
($500.00) or imprisoned at the discretion of the Court.
The Secretary shall record all the proceedings
of the Council, and shall keep a correct journal of the same in a
book to be provided for that purpose; he shall file and keep in a
safe place the seal of the Town and all papers and documents relative
to the affairs of the Town; and shall deliver the same to his successor
in office. He shall also attest the seal of the Town when authorized
by the Council and shall perform such other duties and have such other
powers as may be prescribed by ordinance. All records, books, papers
and documents in the custody of the Secretary shall always be open
for the inspection of the Council and public, under such regulations
as the Council may prescribe.
The Treasurer shall be the custodian of all
the Town funds and shall deposit them or cause them to be deposited
in such banking institutions as may be designated by the Council;
he shall pay out no money except upon check or warrant bearing signatures
as set forth by Ordinance and authorized by the Council; he shall
keep a true, accurate and detailed account of all moneys received
and of all moneys paid by him; he shall preserve all vouchers for
moneys paid by him and his books and accounts shall at all times be
open to the inspection of the Council; he shall make such reports
with respect thereto as the Council may request and at such times
and places as the Council may direct. If the Council by ordinance
so provides, he shall file a bond with corporate surety for the faithful
performance of his duties, in such form and for such amount as the
Council shall direct. He shall perform such other duties and have
such other powers as prescribed by this Charter and any ordinances.
There shall be an annual audit of the books
and accounts of the Town. The audit shall be by an auditing committee
appointed of the Town Council consisting of not less than two (2)
persons who may or may not be members of the Council and who may or
may not be residents of the Town.
A.
The Town Council may at their discretion appoint a
Board of Health who may or may not be residents of the Town. If and
when appointed said Board of Health shall be composed of three (3)
members. The Board shall serve for two (2) years; shall have cognizance
of all matters pertaining to the life and health of the residents
of the Town, shall report to the Town Council in writing whatever
is deemed by the Board to be injurious to the health of the people
of the Town, and shall make such recommendations to the Council as
may, in their judgment, be beneficial or in any way contribute to
the sanitation or public health. The Board shall also have all powers
enumerated by the laws of the State of Delaware for local Boards of
Health.
B.
The power to adopt ordinances relative to the health
of the population of the Town, or to prevent the introduction or spread
of infectious or contagious disease or nuisances effecting the same
shall extend to an area within one (1) mile outside of the limits
of the Town.
C.
In the event the Town Council does not deem it necessary
to appoint a Board of Health as herein provided, said Council shall
have all of the duties and powers herein conferred upon the Board
of Health.
A.
It shall be the duty of the Town Council to appoint
a Police force, consisting of a Chief and such number of subordinates
as the Town Council may deem advisable; and the Council shall from
time to time make rules and regulations necessary for the organization,
government and control of the police. The police shall be subject
to the direction of the Council and may be removed by the Council
at any time. They shall preserve peace and order and shall compel
obedience within the limits of the Town to the ordinances of the Town
and the laws of the State, and they shall have such other duties as
the Council shall from time to time prescribe.
B.
Each member of the police shall be vested, within
the Town limits and within one (1) mile outside of said Town limits,
with all the powers and authority of a Constable of Sussex County,
and in the case of the pursuit of an offender, their power and authority
shall extend to any part of the State of Delaware.
C.
Every person sentenced to imprisonment by the President
of the Council, Alderman or Justice of the Peace shall be delivered
by a member of the police force to the County Jail of Sussex County,
to be therein imprisoned for the term of the sentence. In the case
of an arrest at a time when the President of the Council, the Alderman
or the Justice of the Peace, if there be one, shall not be available
to hear and determine the charge, the person arrested may be delivered
to the County Jail for imprisonment until such reasonable time thereafter
as shall enable the President of the Council, the Alderman, or Justice
of the Peace to hear and the charge against such person.
A.
Annually each year, and not later than the first day
of August, the Town Council shall prepare a budget containing the
financial plan for conducting the affairs of the Town for the ensuing
fiscal year. The budget shall contain the following information:
(1)
A detailed statement showing the expenses of conducting
each department and office of the Town for the ensuing fiscal year.
(2)
The value of supplies and materials on hand, together
with the nature and kind of any machinery or other implements and
the condition thereof.
(3)
The amount of the debt of the Town, together with
a schedule of maturities of bond issues, if any.
(4)
An estimate of the amount of money to be received
from taxes and all other anticipated income of the Town from any source
of sources.
B.
The Town Council shall, so far as possible, adhere
to the budget so adopted in the making of appropriations, but may
revise the same whenever, in the opinion of the Town Council, such
revision shall become necessary or advisable.
A.
Town Taxes, Generally.
(1)
The Town Council shall annually appoint an Assessor
to assess the value of real estate within the limits of the Town.
The assessor prior to the first Monday in May of each year shall make
a just, true and impartial annual valuation or assessment of all real
estate and shall on or before the first Monday in June cause a full
and complete transcript of said assessment, containing the amount
assessed to each person, partnership or corporation, to be hung in
a public place in said Town. Notice of the hanging of the list shall
be posted in at least three (3) public places in the Town. The Finance
Administrator and Property Appraiser shall hold a meeting to be set
by them during the month of July to hear appeals from said assessment,
and shall increase, decrease or abate such assessment if they deem
such action just. The decision of a majority of the Council upon any
appeal shall be final and conclusive.
[Amended 1-29-1999]
(2)
The Town Council, after determining in its best judgment
and knowledge, the total amount necessary to be raised by the Town
to meet the fixed and anticipated expenses and obligations of the
Town, including reasonable and appropriate reserves, for the then
current fiscal year as set forth in the Town Budget for such year
plus a reasonable amount to cover anticipated expenses and emergencies,
should then proceed to determine, in its sole discretion, from which
sources the authorized revenues of the Town announced or determined
by them shall be raised and within the limits prescribed by this Charter
with respect to any such source the amount to be raised from each
such source. They shall then proceed to determine, assess, fix and/or
levy as follows:
(a)
The rate of tax on real estate including improvements
thereon per One Hundred Dollars ($100.00) of the assessed value; and/or
(b)
The amount of personal or per capita tax upon
each citizen of the Town over the age of eighteen (18) years; and/or
(c)
The rate of tax upon all poles, construction,
erections, wires and appliances more particularly mentioned, or intended
so to be in this Charter as amended; and/or
(d)
The several license fees to be charged for carrying
on or conduction of the several businesses, professions or occupations
more particularly mentioned or intended so to be in this Charter,
as amended; and/or
(e)
The several rates to be charged for furnishing
water service, sewer service, electric service, gas service, front
footage assessment, other services authorized by Town Council; and/or
(f)
The fees or rates to be charged in respect to
any other authorized source of revenue sufficient in their judgment
and estimation to realize the amount to be raised from each such source
determined by them to be used as aforesaid; provided, however, that
sources (d) and (e) aforementioned may be determined, fixed, assessed,
levied and/or altered or changed upon other than a fiscal year basis
and at any regular or special meeting of the Town Council as the Town
Council, in its proper discretion, shall determine.
(g)
The amount to be raised from this source shall
not exceed in any one (1) year the sum of five percent (5%) of the
total appraised valuation of all taxable real estate and improvements
thereon in the Town; and provided also that there shall be no limitation
upon the amount which may be raised from the taxation of real estate
for the payment of interest on and principal of any bonded indebtedness
whether hereinbefore or hereinafter incurred.
(3)
Whenever the Town Council shall levy a tax, they shall
cause to be made out an alphabetical list of the persons charged therein,
and shall cause to be affixed thereto the respective sums to be collected
from such persons, and a warrant to the Treasurer of the Town to collect
the same.
B.
Collection of Annual Taxes.
(1)
The Treasurer, within ten (10) days after the receipt
of said tax list and warrant, shall render to each person named therein
an account or tax bill showing the amount due, either by delivering
the same in person, or mailing to the last known post office address
of the taxable. Not less than sixty (60) days or more than ninety
(90) days after mailing or delivery of said accounts or tax bills
to the taxables, as herein provided, the Treasurer shall cause a list
of unpaid taxes to be posted in some convenient and public place within
the Town. Unless said taxes are paid within thirty (30) days after
the posting of said notices, the Treasurer of the Town and in the
name of the Town shall proceed at once to collect the taxes on said
tax list and warrant with all costs.
(2)
All taxes so laid or imposed by the Town of Fenwick
Island in such Annual Tax List shall be and constitute a lien upon
all the real estate of the taxable for a period of ten (10) years
against or upon whom such taxes are laid or imposed of which such
taxable was seized or possessed at any time after such taxes shall
have been levied and imposed that is situate within the Town of Fenwick
Island. Such lien shall have preference and priority to all other
liens on such real estate, as aforesaid, created or suffered by the
said taxable, although such lien or liens be of a time and date prior
to the time of the attaching of such lien for taxes.
(3)
All taxes, when and as collected by the Treasurer,
shall be paid to the Town of Fenwick Island, and all taxes shall be
due and payable at and from the time of the delivery of the Annual
Tax List to the Treasurer.
(4)
All taxes shall be payable at the Office of the Treasurer
during the regular business hours of that Office.
(5)
On all taxes unpaid after thirty (30) days following
the delivery of the duplicate Annual Tax List to the Treasurer there
shall be added a penalty of five percent (5%) for each month or fraction
thereof such taxes shall remain unpaid, and said penalty shall be
collected in the same manner as the original amount of the tax. All
taxes unpaid on such date as specified by appropriate resolution or
ordinance shall be considered delinquent. The Town Council shall have
the power by appropriate resolution to make just allowances for delinquencies
in the collection of taxes. The Treasurer shall cause a list of such
unpaid taxes to be posted in a public place in the Town. In effecting
a collection of delinquent tax, the Town Council may impose a collection
charge not to exceed eighteen percent (18%) of the amount of the tax
and any penalty imposed thereon.
(6)
At the August meeting of the Town Council of each
year, the Treasurer shall account to the Town Council for all taxes
and charges collected by him during the year and shall be liable on
his bond for failure to account for any uncollected taxes or charges
unless he can show to the satisfaction of the Town Council that all
remedies permitted for the collection of said taxes were pursued without
result or, if not pursued, the remedies would have been without avail.
(7)
The Treasurer or the President, when any tax has become
delinquent, may, in the name of the Town of Fenwick Island, institute
suit before any Justice of the Peace or in the Court of Common Pleas
of the State of Delaware, in and for Sussex County, or in the Superior
Court of the State of Delaware, in and for Sussex County, for the
recovery of the unpaid tax in an action of debt, and upon judgment
obtained, may sue out writs of execution as in case of other judgments
recovered before a Justice of the Peace or in the Court of Common
Pleas, or in the Superior Court, as the case may be.
(8)
However, should the Treasurer or President so elect,
he is empowered to sell the lands and tenements of the delinquent
taxpayer or the lands and tenements of a delinquent taxpayer alienated
subsequent to the levy of the tax by the direction of the Town Council
using any of those procedures specified for the sale of land for the
collection of taxes on the part of the individuals charged with the
responsibility for the collection of taxes for Sussex County, and
all such procedures and methods available for the sale of land, as
aforesaid, as they are presently enacted and hereafter amended, are
included herein and made a part hereof by reference thereto, including
the method of sale by monition, as the same is set forth in the statutes
made and provided, substituting the Town of Fenwick Island for Sussex
County therein.
C.
Realty Transfer Tax.
(1)
Amount of tax.
(a)
Each person who makes, executes, delivers, accepts
or presents for recording any deed or lease, except as excluded by
paragraph (8), or in whose behalf any deed or lease is made, executed,
delivered, accepted or presented for recording, shall be subject to
pay for and in respect of the transaction or any part thereof, a realty
transfer tax at the rate of one percent (1%) of the value of the property
represented by such deed or lease. Such tax shall be payable at the
time of making, execution, delivery, acceptance or presenting of such
document at closing.
(b)
The transfer tax shall be apportioned equally
between the parties to the transaction in the absence of an agreement
to the contrary.
(c)
No tax shall be imposed on any conveyance when
the actual value of the property being transferred is less than One
Hundred Dollars ($100.00).
(2)
Judicial Sales. The tax imposed by this Ordinance
shall be paid from the proceeds of any judicial sale or real estate
as part of the costs of such judgement or estate and of the writ upon
which the sale is made.
(3)
Affixing of Notation of Payment. The payment of the
tax imposed by this Ordinance shall be evidenced by a notation of
payment on the document. The collector shall note on the document
the payment of the tax, the amount of payment, the date of payment
and the initials of the person receiving payment and his or her office.
Such notation shall be conclusive evidence of payment as to any subsequent
purchaser relying thereon.
(4)
Responsibility for Collection and Remitting. It shall
be the responsibility of any settlement attorney, bank, trust company
or other agent handling the settlement of each transaction covered
hereby to collect the tax from the appropriate party(ies) and to remit
such amount to the Town within fifteen (15) days of such settlement.
(5)
Prohibited Act. No person shall make, execute, deliver,
accept or present for recording or cause to be made, executed, delivered,
accepted or presented for recording any document without the full
amount of tax thereon being duly paid.
(6)
Additional Tax; Refunds. In the event the State of
Delaware determines that additional taxes are due under Title 30 Del.
C. Chapter 54, then additional taxes shall be due to the Town in accordance
with the valuation of the transfer as determined by the State, together
with interest thereon at the legal rate. Refunds shall likewise be
determined and paid.
(7)
Definitions.
(a)
"Deed" shall mean and include any instrument
or writing pursuant to which title or possession of any real estate
situate within the corporate limits of the Town which shall be quitclaimed,
granted, bargained, sold, conveyed or transferred by a seller, vendor,
grantor, assignor or transferor to any purchaser, buyer, vendee, grantee,
assignee or transferee, except as provided in paragraph (1) of this
subsection.
(b)
"Lease" shall mean and include any document
or instrument in writing transferring or purporting to transfer a
title or possessory interest by a seller, vendor, lessor, assignor
or transferor to any purchaser, buyer, vendee, lessee, assignee or
transferee in or to any of the following:
[1]
A condominium unit or any property or properties
subject to the Unit Property Act (25 Del. C. 2201, et seq.) for a
determinable term of five (5) years or more;
[2]
An interest in land owned by another and/or
improvements owned by another located on land owned by another for
a determinable term of five (5) years or more;
[3]
The exercise of any right or option to renew
or extend the title possessory interest in an existing document or
instrument in writing when such renewal or extension is for a period
of five (5) years or more.
(c)
"Transaction" shall mean and include the making,
executing, delivering, accepting or presenting for recording of a
deed or lease as defined herein.
(d)
"Value" shall mean and include in the case of
a deed the amount of the actual consideration thereof, including liens
or other encumbrances thereon and ground rents or a commensurate part
of the liens or other encumbrances thereon where such liens and encumbrances
and ground rents also encumber or are charged against other lands,
tenements or hereditaments; provided that where such documents shall
set forth a small or nominal consideration, values shall be determined
from the price set forth in, or actual consideration from the actual
consideration for, the contract of sale or lease, or, in the case
of a gift or any other document without consideration, from the actual
monetary worth of the property granted, bargained, sold or otherwise
conveyed, which, in either event, shall not be less than the amount
of the assessment of such lands, tenements or hereditaments as shown
on the books of Sussex County.
(8)
Deeds and leases. "Deed" and "lease" shall not include
any of the following:
(a)
Any conveyance by will;
(b)
Any mortgage;
(c)
Any lease other than those described or defined
in Section 7(b);
(d)
Any conveyance between persons who were previously
husband and wife but who have since been divorced, provided such conveyance
is made after the granting of the Final Decree in Divorce;
(e)
Any conveyance between husband and wife;
(f)
Any conveyance between parent and child or a
spouse of such child;
(g)
Any conveyance to a trustee, nominee or straw
party for the grantor as beneficial owner;
(h)
Any conveyance for the beneficial ownership
of a person other than a grantor where, if such person were the grantee,
no tax would be imposed upon the conveyance pursuant to this Ordinance;
(i)
Any conveyance from a trustee, nominee or straw
party to the beneficial owner;
(j)
Any conveyance between a parent corporation
and a wholly owned subsidiary corporation, provided such conveyance
is without actual consideration;
(k)
Correctional deed without actual consideration;
(l)
Any conveyance to or from the United States,
the State of Delaware, or any instrumentality, agency or political
subdivision of the State;
(m)
Any conveyance to or from a corporation or a
partnership where the grantor grantee owns stock of the corporation
or an interest in the partnership in the same proportion as his interest
in or ownership of, the real estate, or interest therein begin conveyed;
(n)
Any conveyance by the owner of a previously
occupied residential premises to a builder of new residential premises
when such previously occupied residential premises where taken in
trade by such builder as a part of the consideration from the purchaser
of new, previously unoccupied premises;
(o)
Any conveyance to the lender holding a bona
fide mortgage, which is genuinely in default either by a sheriff conducting
a foreclosure sale or by the mortgagor in lieu of foreclosure;
(p)
Any conveyance to a religious organization or
other body or person holding title to real estate for a religious
organization, if such real estate will not be used following such
transfer by the grantee or by any privy of the grantee for any commercial
purpose;
(q)
Any conveyance made pursuant to a contract executed
prior to July 1, 1989;
(r)
Any conveyance made by or to an individual,
a corporation or partnership when there is no change in beneficial
interest;
(s)
Any conveyance made by or to any organization
exempt from ad valorem real estate taxes.
[1]
Special Account.
[a]
The Town Council or its appropriate authorized
representative shall open and maintain a special bank account to be
designated as "Town of Fenwick Island - Beach Renourishment" account
into which all proceeds of this tax shall be deposited and accumulated.
Such funds shall be earmarked for beach renourishment costs but in
the discretion of the Town Council may be used for general budgetary
requirements if needed.
[b]
No ordinance providing for a tax on the transfer
of real property or any interest in real property authorized under
this Act shall become effective until it shall be approved by a majority
of the qualified voters of the Town of Fenwick Island at a Special
Election to be held pursuant to a Resolution adopted by the Town Council
of the Town of Fenwick Island. The Town Council shall give notice
of the Special Election by printing a copy of the Resolution calling
the Special Election in at least two (2) issues of a newspaper having
a general circulation within the corporate limits of the Town of Fenwick
Island within thirty (30) days immediately preceding the date of such
Special Election. At the said Special Election, every person who is
a bona fide resident of the Town of Fenwick Island or who would be
entitled at the time of the holding of the said Special Election to
register and vote in the Annual Municipal Election, if such Annual
Municipal Election were held on the day of the Special Election to
be held pursuant to the provisions of this Act, may vote at the said
Special Election regardless of whether such person is registered to
vote in the Annual Municipal Election. The Special Election shall
be held by a Board of Election to be appointed by the Town Council
of the Town of Fenwick Island at least two (2) weeks before such Special
Election. The Board of Election shall consist of an inspector of the
Special Election and such judges as shall be appointed by the Town
Council. If a majority of the votes cast at the Special Election shall
be in favor of the transfer tax authorized by this Act, the tax may
be levied and collected as provided for in this Act. The Board of
Election holding the Special Election shall meet immediately after
the close of such Special Election to ascertain the result and shall
certify the result to the Town Council. The hours of the Special Election
shall be established by the Town Council and shall be clearly noted,
together with notice of date and place in the Resolution calling said
Special Election. Such persons who are in the polling place at the
hour appointed for said Special Election to end shall be entitled
to vote even though such votes may be cast after the appointed hour.
If the majority of the votes cast at any Special Election held under
this Act shall be against the levying of the tax authorized by this
Act, the proposition shall not again be submitted to the qualified
voters until the expiration of ninety (90) days from the date of the
said Special Election.
A.
The Town of Fenwick Island, Delaware shall have all
powers granted to municipal corporations and to cities and towns by
the Constitution and general laws of the State of Delaware together
with all the implied powers necessary to carry into execution all
powers granted. It shall have perpetual succession, and may have and
use a corporate seal, which may be altered, changed or renewed at
pleasure; may sue and be sued, plead and be empleaded in any and all
courts of law or Equity in the State of Delaware and elsewhere by
its corporate name, and, for the purpose of this Charter, to take,
hold, receive and enjoy, any lands, tenements and hereditaments, in
fee simple or for a lesser estate or interest, and also goods, chattels,
rights and credits, and may sell, lease, hold, manage and control
any such property or properties in such manner as the Council may
deem expedient and proper for the purposes expressed herein; may appoint
such officers and agents and employ such persons as shall be deemed
necessary or convenient for the management of the affairs of the Town
and may fix and determine the compensation of such officers, agents
or employees.
B.
It shall have all other powers and functions requisite
to or appropriate for the Government of the Town, or necessary to
the public health, safety, comfort or welfare or the protection and
preservation of public and private property; and all actions, suits
and proceedings shall be brought in the name of "Town of Fenwick Island,
Delaware".
C.
The enumeration of particular powers by this Charter
shall not be held or deemed to be exclusive, but, in addition to the
powers enumerated herein, implied thereby, or appropriate to the exercise
thereof, it is intended that the Town of Fenwick Island, Delaware,
shall have and may exercise all powers which under the constitution
of the State of Delaware, it would be competent by this charter specifically
to enumerate. All powers of the Town, whether expressed or implied,
shall be exercised in the manner prescribed by this Charter, or, if
not prescribed herein, then in a manner provided by ordinance or resolution
of the Council.
A.
By ordinance, rules, regulations, resolutions, and
by-laws or amendments to the same, the Town of Fenwick Island, Delaware,
for the good government and welfare of the Town, shall have the following
powers (which shall not be deemed to be exclusive): to prohibit and
prevent vice, drunkenness and immorality; to preserve peace and good
order; to prohibit adult book stores or other commercial establishments,
including but not limited to motels and hotels, offering for sale
or viewing pornographic films, literature, material, or devices; to
prohibit massage parlors or like establishments; to prohibit, restrain
and suppress disorderly houses, gambling houses, houses of ill-fame;
to prohibit, restrain and suppress all instruments and devices for
gaming, to prohibit all gaming and fraudulent devices; to prohibit,
restrain and regulate all sports, exhibitions of natural or artificial
curiosities, caravans of animals, theatrical exhibitions, circuses
or other public performances and exhibitions for money and to license
the same; to prohibit and prevent any racing in any street, highway,
alley or strand, to authorize the stopping and detention of any person
who shall be guilty of any immoderate riding or driving of any motor
vehicle or other vehicle upon any street, alley, highway, or beach
strand; to regulate, control or prohibit the parking of vehicles upon
the streets of the Town; to regulate or prohibit the riding or driving
of any horse or other animal, motor vehicle or other vehicle upon
any beach strand; to establish and regulate one (1) or more pounds,
and to prohibit, regulate or restrict all animals, birds, and fowl
within the Town limits including the beach strand, other than wild
animals, birds, or fowl natural to the environment and except that
no person or persons shall hold in captivity, keep or maintain such
wild animals, birds or fowl, and to authorize the impounding and sale
of the same for the penalty incurred, and the cost of keeping, impounding
and sale; to authorize the destruction of dogs running at large and
to impose taxes on the owner of dogs; to prohibit, regulate and remove
slaughter houses, swine pens, privies and water closets; and to prohibit
and restrain drunkards, vagrants, mendicants, street beggars and solicitors.
B.
The Town of Fenwick Island, Delaware shall, in a like
manner, have the power to ascertain and establish the boundaries of
all streets, avenues, lanes and alleys in said Town; to prevent and
remove all encroachments on said streets, avenues, highways, lanes,
alleys, beach or beach strands, to regulate, clean and keep in repair,
the streets, highways, lanes, alleys, beach, beach strands, boardwalks,
wharves, docks, sidewalks, crosswalks, sewer drains, aqueducts and
water courses, and to prevent and remove obstruction in and upon the
same in any manner whatsoever: to level, grade, flag or re-flag, curb
or re-curb, gutter or re-gutter, pave or re-pave, macadamize, gravel
or shell the streets, highway and alleys of said Town, and the sidewalks,
crosswalks and gutters thereof, or any of them, or any parts or sections
of the same, to prescribe the manner in which such work shall be performed:
to enforce the removal of snow, ice and dirt from sidewalks and gutters
by the occupant or owner thereof, to prevent or regulate the erections
of any stoop, step, platform, bay window, cellar door, gate, area,
descent into a cellar or basement, sign or post, or the erection of
any projection or otherwise, in, over, under or upon any street, sidewalk
or avenue, and to remove the same where already erected, at the expense
of the owner or occupant of the premises, to abate or remove nuisances
of all kinds at the expense of those maintaining them, and to compel
the owner or occupant of any lot, house, building, shed, cellar or
place wherein may be carried on any business or calling, or in or
upon which there may exist any matter or thing, which is or may be
detrimental, in the opinion of the Town Council, or Board of Health,
to the health of the inhabitants of the Town, to cleanse, remove or
abate the same, under the direction of the Council as often as the
said Council or Board of Health may deem necessary for the health
and well-being of the inhabitants of the Town; or in a summary manner
to cause the same to be done at the expense and proper cost of such
owner or occupant; and such owner or occupant is hereby expressly
made liable for said costs and expenses, to be collected, as hereinafter
directed, from such owner or occupants in addition to any fine or
penalty which he, she, they or it may be liable for maintaining such
nuisance.
C.
The Town of Fenwick Island, Delaware shall, in a like
manner, have the power to prescribe the manner in which all contracts
for performing work or furnishing materials for the Town shall be
made and executed, to prescribe the manner in which corporations or
persons shall exercise any privileges granted to them in the use of
any street, avenue, highway, alley, beach or strand in said Town,
or in digging up any street, avenue, highway, or alley, beach or strand
for the purpose of laying down pipes, or for any purpose whatsoever,
and to prohibit and prevent any such use or work at such times and
seasons of the year as they may designate, to enter into contract
or contracts with, or to grant franchises, concessions, or rights
to any person, firm partnership or corporation who may apply for the
use of any street, highway, avenue, lane, alley, beach or strand for
the purpose of furnishing communication services, electric lights,
power, gas, heat or water to said Town and its inhabitants, or for
the constructions and operation of railways, steam, motor, electrical
or other powers, or to regulate, route, grant franchises to and enter
into contract or contracts with any other public carrier or for the
construction and operation of sewer or other sanitary systems of drainage
or for the election of wharves or piers; to regulate, protect and
improve the public grounds of said Town to provide lamps to light
the streets in public places of every description in said Town; to
erect and regulate wells, pumps, aqueducts and cisterns in the public
streets; to prescribe and regulate the places of vending or exposing
for sale of any and all articles of merchandise from wagons or other
vehicles; provided, that the Town shall have no power to construct
a boardwalk along the beach either on private or public property.
D.
The Town of Fenwick Island, Delaware shall, in like
manner, have the powers to direct and regulate the planting, rearing,
treatment and preserving of ornamental shade trees in the streets,
highways, avenues, parks and grounds in said Town; to authorize and
prohibit the removal or destruction of said trees; to direct the digging
down, draining, filling-up or fencing of lots, tracts, pieces or parcels
of ground in said Town which may be deemed dangerous or unwholesome
or necessary to carry out any improvements authorized by the Town
or this Charter; to prescribe the manner in which such work shall
be performed, and to cause the expenses thereof to be assessed on
such lots, tracts, pieces or parcels of ground, whether improved or
unimproved, and to determine the time and manner in which such assessment
shall be collected; for the prevention of fire and the preservation
of the beauty of the Town; to regulate and control the manner of building
or removing of dwelling houses or other buildings, and to establish
a code for the same, and for the purpose of promoting health, safety,
morals, or the general welfare of the Town. The Council may regulate
and restrict the height, number of stores, and size of buildings and
other structures, percentage of lot that may be occupied, the size
of yards, courts, and other open spaces, the density of population,
and the location and use of buildings, structures, and land for trade,
individual residences, or other purposes and is granted the authority
and power vested in municipalities by Title 22, Delaware Code of 1953,
Chapter 3, entitled "Municipal Zoning Regulations", and any amendments
thereto; to regulate the construction of chimneys; to prevent the
setting-up or construction of furnaces, boilers, ovens or other things
in such manner as to be dangerous; to prohibit the deposit of ashes
in unsafe places, and to authorize any Town Officer or Constable or
person whom they may designate for the purpose to enter upon and inspect
any place or places for the purpose of ascertaining whether the same
is or are in a safe condition, and if not, to direct or cause the
same to be made so; to make, adopt and promulgate all rules and regulations
relative to the use of any sewer in said Town and tapping thereof,
including the charge and fee therefor, as they shall deem proper,
and they may also adopt ordinances prescribing penalties for any injury
to the said sewer system or, any part thereof, or for any abuse of
any privilege granted in connection therewith, to prescribe the material
or private drains or sewers which shall enter into any Town sewer,
and shall direct the manner in which they shall be laid.
E.
The Town of Fenwick Island, Delaware shall, in like
manner, have the power to regulate or prohibit the carrying on of
dangerous in causing or promoting fires; to regulate or prohibit the
manufacture, sale or use of fireworks, and the use of firearms in
said Town, to regulate or prohibit the use of candles and lights in
barns, stables and other buildings; to regulate and prohibit swimming
or bathing in the ocean or within waters within the limits of the
Town.
F.
The Town of Fenwick Island, Delaware, shall further
have the power and authority to compel the owners of property within
the limits of the Town to keep the same free from unsanitary or unsightly
conditions, clear of tall weeds and rubbish, and to fill in any low
lots, provided that the Council in its opinion shall deem the same
to be unsanitary or unsightly or in any other manner prejudicial to
the welfare of the Town or adjoining lot owners. The Council shall
have the power and authority to pass any ordinance, prohibiting or
regulating the same.
G.
The Town of Fenwick Island, Delaware shall, in like
manner, have the power and authority to license, tax and collect fees
annually or more frequently for any and all Town purposes of such
various amount or amounts as the Council shall, from time to time,
fix from any individual, firm, association or corporation carrying
on or practicing any activity, business profession or occupation within
the limits of the Town; provided, however, that nothing herein shall
be so construed as to make it mandatory upon any resident of the State
of Delaware to apply for a license in order to sell, in the Town,
farm produce or any farm products grown on his or her farm.
H.
The Town of Fenwick Island, Delaware shall also have
the power and authority to levy and collect license fees upon the
property of any person, firm, association or corporation carrying
on business in the Town and supplying the inhabitants thereof with
any form or manner of services for any valuable consideration.
I.
The Town Council shall have the power to make and
establish such other ordinances, regulations, rules and bylaws, not
contrary to the laws of this State, or of the United States, as they
may deem necessary to carry into effect the powers and duties imposed
upon them by this Charter or any other law of this State, and such
also, as they may deem necessary and proper for the good government
protection or preservation of persons and property, or for the preservation
of the public health of the City and its inhabitants.
In addition to the power to impose fines and
penalties for the maintenance of obstructions, nuisances, or unsanitary
conditions, as these terms should be defined, by the Town Council,
either upon their own inspection or upon information obtained from
the Board of Health, Police force, or citizens of the Town, if the
Council shall deem that such obstruction, nuisance, or unsanitary
condition should be removed or abated, as the case may be, the Town
Council shall enact an ordinance or adopt a resolution, or both, to
that effect, and thereupon shall direct the Secretary to forward by
registered mail of the United States, in a sealed wrapper, addressed
to his or her last known post office address or deliver personally
to the person or persons continuing or causing such obstruction, nuisance,
or unsanitary conditions, or to the person or persons who are responsible
for its existence or continuance, a notice to remove or abate the
same. If such person or persons refuse or neglect, for the space of
fifteen (15) days after such notice is mailed or for the space of
two (2) days if said notice is delivered in person, to remove or abate
the same, the Council shall issue a warrant in the name of the Town
of Fenwick Island, Delaware, commanding such person or persons forthwith
to remove or abate such obstruction, nuisance, or unsanitary condition,
and shall forthwith proceed to remove or abate the same and, to the
end, shall have full power and authority to enter into and upon any
lands and premises within the limits of the Town. The Council, or
anyone designated by them shall likewise have the authority to take
with them such assistants, implements, machinery or other things as
may be necessary and proper to do and perform all matters and things
in connection with the removal or abatement of such obstructions,
nuisance, or unsanitary condition. At the next regular or special
meeting of the Council, the Council shall specify the costs and expenses
of all necessary work, labor and proceedings, incurred in the abatement
or removal of the same. The Council shall then issue a warrant, containing
an itemized account thereof, together with the name and last known
address of the person from whom the Town Council shall have determined
the amount due and shall deliver such warrant to the Treasurer of
the Town. The warrant shall command the Treasurer forthwith to collect
the amount stated to be due thereon from the person or persons in
a sealed wrapper a true and correct copy of the warrant by depositing
the same in the United States mail and addressed to such person or
persons last known post office address or serve personally upon said
person if he be within the limits of the Town. If such person or persons
shall refuse or neglect to pay the same within thirty (30) days front
the date of the mailing of such notice and exact copy of the warrant,
or the service of the same personally upon such person or persons,
the Treasurer shall then be authorized and required to collect the
same in the same manner as herein provided for the collection of delinquent
Town taxes.
A.
In respect to leveling, grading, flagging or re-flagging,
curbing or re-curbing, guttering or re-guttering, paving or re-paving,
building or re-building, the sidewalks, boardwalks, crosswalks, and
gutters of the Town, the expense thereof shall be borne by the owner
of the property abutting upon the same, and the Town Council shall
have the authority to specify the manner of performance and the materials
to be used therein.
B.
The Council is authorized to notify and direct, in
writing, the owner or owners of any house or land in said Town, along,
in front of or adjoining which they deem proper that a pavement, sidewalk,
or a curb or gutter or both be constructed, to construct said sidewalk,
boardwalk or curb or gutter, or both, and the Council shall have the
authority to specify the manner of performance and the materials to
be used therein. Letters to one joint owner shall be notice to all.
In case the owner shall not reside in the Town at the time, notice
to the occupant or tenant shall be deemed to be sufficient notice.
If there be no occupant or tenant residing in the Town at the time,
such notice may be sent by mail to the owner, directed to him or her
at his or her last known post office address. Should such owner neglect
or refuse to comply with said notice for the space of thirty (30)
days, the Council shall issue a warrant in the name of the Town, directed
to the Treasurer or the Chief of Police, demanding such person forthwith
to do their work as specified in the above mentioned notice to the
owner or owners. Whereupon the person to whom said warrant shall have
been directed shall forthwith proceed to lay such pavement, sidewalk,
curbs or gutters, or either or both, as directed in the warrant. To
that end he shall have full power and authority to enter in any premises
or lands of the Town, and to take with him such assistants, materials,
implements, machinery or other things as may be necessary or proper
to perform the work specified in the warrant. At the next regular
or special meeting of the Council, after the delivery of the warrant,
upon return thereon accompanied by an itemized statement of all costs
incurred in the performance of necessary work and labor incident thereto,
the Council shall determine the amount due the Town by reason of the
work done, and shall issue a warrant thereon, directed to the Treasurer
or Chief of Police, which shall contain the amount to be by him collected,
and the person or persons from whom it shall be by him collected,
and commanding him forthwith to collect the same from the person or
persons so specified in the warrant. A true and exact copy of this
warrant shall be mailed or served upon the person or persons therein
specified. If the amount specified as due the Town shall not have
been paid to the Town within thirty (30) days from the date of service
of such true and exact copy of the warrant, the Treasurer shall then
be authorized and required to collect the same in the same manner
as herein provided for the collection of delinquent Town taxes.
A.
The Town of Fenwick Island, Delaware shall have the
power and authority to locate, lay out and open new streets and to
widen or abandon the same, or parts thereof, whenever the Town Council
shall deem it for the best interest of the Town. In such case, the
Council shall adopt a suitable resolution, which shall include a general
description of the street to be opened, widened or altered or to be
vacated or abandoned, as the case may be, stating the day, hour and
place where the Council will sit to hear and determine objections,
and to award damages by reason thereof. Copies of such resolution
shall be posted in at least three (3) public places in the Town at
least five (5) days prior to the day fixed by the Council for the
hearing referred to in said resolution.
B.
At said hearing, the Council shall hear objections
to the proposed resolution and/or any damages which might be sustained
by any owners of property affected thereby, and shall award just and
reasonable compensation to any person or persons who shall be deprived
of property by virtue thereof.
C.
In the event any person refuses to accept the award of damages made by the Council, the Town Council may proceed in the name of the Town to condemn the property of the person refusing to accept said award, under the provisions of Chapter 61, Title 10, Delaware Code of 1953, as now or hereafter amended.
A.
The Town of Fenwick Island, Delaware shall have the
power and authority to locate, lay-out, construct, widen, extend,
improve, repair, vacate or abandon jetties, bulkheads and embankments,
piers or other structures for the preservation of any beach or strand
within the limits of the Town or contiguous thereto, to the end that
the same may be preserved and property may be protected, and the general
public may enjoy the use thereof. In the locating, laying-out, constructing,
widening, extending, improving, repairing, vacating or abandoning
of any such jetties, bulkheads, embankments, piers or other structures
the Council shall have full power and authority to use such materials
and substances and such methods of construction and shall employ such
contractors, engineers, inspectors arid others as the Council shall
deem expedient and advisable. For the purpose of this Section the
Council shall have full power and authority to expend such part or
parts of the money of the Town, in the general fund of the Town not
otherwise appropriated.
B.
The Council may, by condemnation proceedings, take private lands or the right to use private lands for any of the purposes mentioned in this Section. The proceedings by condemnation under this Section shall be the same as prescribed in Section 29 of this Charter for the opening and laying-out of new streets or the vacating or abandoning of old streets and the resolutions referred to in said Section 29 shall be changed and modified to cover cases contemplated by this present Section.
The Town of Fenwick Island, Delaware shall have
full jurisdiction and control within the limits of the Town, of the
drainage of all water thereof, together with the right to alter and
change the course and direction of any of the natural water courses,
runs and rivulets within the limits of the Town and the Council may
pass ordinances for the opening of gutters, surface water and underground
drains and sewers within the limits of the Town. The Town of Fenwick
Island, Delaware shall also have full power to regulate, maintain,
clean and keep the natural water courses, runs and rivulets within
the Town limits open and clean and unobstructed and for that purpose
may authorize the entry upon private lands and take, condemn and occupy
the same in the same manner and by the same condemnation proceeding
as hereinbefore provided by Section 29 of this of this Charter, which
is concerned with the opening and laying-out of any streets. By like
proceedings the Town shall also have the power and authority to enter
upon private lands and take, condemn and occupy the same for the purpose
of laying down gutters, surface water and underground water drains
or sewers, or any of them, within the Town limits. Provided, however,
that the resolutions referred to in Section 29 of this Charter shall
be changed and modified to cover those cases contemplated by this
particular Section of the Charter.
The Town of Fenwick Island, Delaware shall have the power to acquire lands, tenements, property or interest therein, by condemnation for the purpose of providing sites for public buildings, parks, sewers, sewerage disposal and/or for any other municipal purpose, whether within or without the limits of the Town. The procedure shall be in accordance with and under the provisions of Chapter 61, Title 10, Delaware Code of 1953, as now and hereafter amended.
A.
The Council of the Town of Fenwick Island, Delaware
may borrow money and issue bonds or certificates of indebtedness to
secure the payment thereof on the faith and credit of the Town of
Fenwick Island, Delaware to provide funds for the erection, the extension,
the enlargement or the repair of any plant, machinery, appliances
or equipment for the supply, or the manufacture and distribution of
electricity, or gas for light, heat, or power purposes; for the furnishing
of water to the public, for the construction or repair or improvement
of hallways, streets, or lanes or the paving, curbing or erection
of gutters along the same; for the construction or repair of sewers
or sewage disposal equipment; or to defray the costs of the Town of
Fenwick Island, Delaware of any permanent municipal improvements,
providing, however, that the borrowing of the money therefor shall
be authorized by the Town Council and shall have been approved in
the manner following:
B.
Procedure.
(1)
Town
Council, by resolution, shall propose to the electors of the Town
of Fenwick Island, Delaware, that a sum of money not to exceed a stated
principal amount, shall be borrowed for any or all of the above purposes;
the resolution shall state the maximum principal amount of money desired
to be borrowed, the purpose for which it is desired, the manner of
securing same, and other pertinent facts relating to the loan which
are deemed pertinent by the Town Council and in their possession,
and shall fix a time and place for a hearing on the said resolution.
(2)
Notice
of the time and place of the hearing on the resolution authorizing
said loan shall be printed in a newspaper having a general circulation
in the Town and/or in the discretion of the Town Council, posted in
at least five (5) public places at least one (1) week before the time
set for said hearing.
(3)
Following
the public hearing, a second resolution shall then be passed by the
Town Council ordering a Special Election to be held not less than
thirty (30) days and not more than sixty (60) days after said public
hearing to borrow said money for the purpose of voting for or against
the proposed loan. The passing of the second resolution calling the
Special Election calling the Special Election[1] shall ipso facto be considered Council's determination
to proceed in the matter in issue.
[1]
Editor's Note: So in original.
(4)
The
notice of the time and place of holding the said Special Election
shall be printed in two (2) issues of a newspaper having a general
circulation in the Town within the thirty (30) days immediately prior
to the special election and/or, in the discretion of the Town Council,
posted in five (5) public places at least fifteen (I5) days prior
to the special election.
(5)
Voting.
(a)
At
such special election, any person who is entitled to vote in the annual
Town election if it were held on that day, shall be entitled to vote
(For purposes of this section, "entitled to vote" shall include "registered
to vote" if voter registration is required for the annual Town election).
(b)
These
provisions shall be construed so as to permit only "one-person, one
vote." Where a voter is entitled to vote by virtue of both residence
and ownership of property, that voter shall be entitled to only one
vote; where a voter is entitled to vote by ownership of two or more
properties, that voter shall be entitled to only one vote.
(c)
The
Registration books of the Town shall be conclusive evidence of the
right to vote at the Special Election.
(d)
A
qualified voter may cast his, her or its ballot by absentee ballot
if such person is unable to appear in person pursuant to the absentee
ballot procedures established by the Town.
(6)
Any
Special Election held pursuant to the provisions of this section shall
be conducted by voting machines, an electronic voting system or printed
ballots as permitted by law which shall, at a minimum, have the following
designation:
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For the proposed borrowing
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[
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Against the proposed borrowing
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(7)
Board
of Special Election.
(a)
The Mayor, by and with the advice and consent of a majority
of the Town Council, shall appoint three (3) persons, who may or may
not be registered and qualified voters in the Town to act as a Board
of Special Election. The polling places shall be open for a minimum
of six (6) hours as specified by the resolution of the Town Council.
Persons in the polling place at the time appointed for closing of
the polls shall be entitled to vote. The Board of Special Election
shall be the sole and final judges of the legality of the votes offered
at such Special Election and shall keep a true and accurate list of
all persons voting.
(b)
The Board of Election shall count the votes for and against
the proposed loan and shall announce the result thereof, shall make
a certificate under their hands of the number of votes cast for and
against the proposed loan and shall deliver the same of the Town Council,
and the original shall be filed with the papers of the Town Council.
(8)
Bonds;
evidence of borrowing.
(a)
If a majority of the votes cast at such Special Election shall be in favor of such borrowing, the Town Council shall proceed with the issuance of said bonds or other indebtedness; provided, however, that the Town Council may, by resolution, at any time prior to entering into a binding agreement for the public or private sale of such bond(s) or other indebtedness, abandon the proposed borrowing. The Town Council shall prepare and cause to be advertised, within thirty (30) days following the date of receipt by the Town Council of the certificate of the Board of Special Election, a Notice of Adoption described in Subsection 11 hereof, in two (2) issues of a newspaper having general circulation in the Town.
(b)
The form of the bonds or certificates of indebtedness and the
thereunto attached coupons, if any, the time or times of payment,
the interest rate, the classes, the series, the maturity, the registration,
any callable or redeemable features, the denomination, the name thereof
and any other relative or appurtenant matter thereto shall all be
determined by the Town Council after said Special Election.
(c)
The bonds may be sold at either public or private sale as determined
by the Town Council. If the bonds shall be offered for public sale,
the Town Council, shall first advertise a notice of sale inviting
bids thereon, in a manner to be prescribed by the Town Council, at
least five (5) days before the date of sale, on which date of sale
bids therefor will be accepted. The bonds shall be sold to the winning
bidder whose bid offers the lowest true interest cost to the Town
out of all bids timely submitted.
(d)
With respect to its budget, and in fixing the rate of tax, the
Town Council shall provide a sinking fund for the payment of interest
and principal of said bonds or other indebtedness at the maturity
or maturities thereof.
(e)
The faith and credit of the Town shall be deemed to be pledged
for the due payment of the bonds or other indebtedness and interest
thereon issued under the provision hereof, when the same have been
properly executed and delivered for value and there shall be no limitation
upon the amount of taxes which may be raised by taxation for the payment
of interest on and principal of any bonded indebtedness of the Town,
whether incurred before or after the passage of this Act.
(9)
The
bonded indebtedness shall not at any time exceed in the aggregate
the total sum of twenty-five per centum (25%) of the value of the
real property situate within the limits of the Town as shown by the
last assessment preceding the creation of the said indebtedness. There
shall be no limitation upon the amount of ad valorem taxes collected
to pay the principal of and interest on any bonded indebtedness incurred
pursuant to the provisions of this section.
(10)
In
anticipation of the issuance of said bonds at any time after a Special
Election approving the bond issue, the Town Council may issue and
sell bond anticipation notes of the Town at either public or private
sale for not less than par plus accrued interest, if any. Said notes
may be renewed from time to time by the issuance of and sale of new
notes. Said notes shall bear interest at a rate determined by the
Town Council to be fair and reasonable. All such notes shall mature
and be paid not later than two (2) years from the date of issuance.
The aggregate principal amount of all notes outstanding at any one
time shall not exceed the aggregate principal amount of the notes
authorized by the Special Elections approving such notes. Said notes
shall be redeemed at par plus accrued interest, if any, prior to their
maturity if the Town Council shall have reserved the right to do so
by an express provision in the note or notes. The principal and any
interest due on said notes may be paid from the proceeds of the sale
of the bonds authorized by this section. Both interest on and principal
of any bond anticipation notes shall not be subject to taxation by
the state of Delaware or any political subdivision thereof.
(11)
No
action contesting any proceedings conducted, or action taken, by the
Town Council hereunder regarding the authorization of any bonds or
other indebtedness issued under this Section shall be brought after
the expiration of twenty (20) days from the publication of a Notice
of Adoption in two (2) issues of a newspaper having general circulation
in the Town, which Notice of Adoption shall announce the following
information:
(a)
That the Town Council has determined to borrow a sum of money
not to exceed a stated amount and to issue bonds or other indebtedness
therefor;
(b)
That the proposal has been approved by a majority of those casting
votes at a Special Election in the Town, called for the purpose of
voting for or against the borrowing;
(c)
The maximum principal amount of money to be borrowed and any
other details of the bonds or such other indebtedness, to the extent
such details are known at the time of the advertisement of such notice;
(d)
The purpose for which such amount of money is to be borrowed;
and
(e)
That any person desiring to challenge the authorization of such
bond(s) or other indebtedness must bring his, her or its action within
twenty (20) days from the date of publication of such notice or forever
be barred from doing so.
(12)
The Town Council may refund any or all outstanding bonds or other indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein but refunding of such bonds or other indebtedness of the Town shall not require the procedures set out in this Section 33 so long as the outstanding principal amount of the refunding bonds or other indebtedness does not exceed the aggregate principal amount, plus accrued interest and redemption premium, if any, of the outstanding bonds or indebtedness to be refunded, plus the costs of the refunding, and shall be enacted by resolution of the Town Council.
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(Amended and added by General Assembly, HB 48, State of Delaware, May 27, 1965; 77 Del. Laws, c. 25, § 1)
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[Amended 12-8-2017]
Town Council may borrow money in anticipation of revenues on the full faith and credit of the Town of Fenwick Island, Delaware, a sum or sums not exceeding, in the aggregate, a sum equal to five percent (5%) of the total assessed value of all non-tax-exempt real property situated within the bounds of the Town of Fenwick Island, as such boundaries shall from time to time appear, for general purposes when, in the opinion of the majority of the Town Council of the Town of Fenwick Island, Delaware, the needs of the Town require it; provided however, that any new borrowings under this Section 34 made after June 7, 2018 must, by their terms, be repayable in full within ten (10) years of the date of such borrowing. Any sum so borrowed shall be secured by promissory notes of the Town of Fenwick Island, Delaware, duly authorized by resolution adopted by the Town Council of the Town of Fenwick Island, Delaware, and signed by the President of the Town of Fenwick Island, Delaware, and attested by the Secretary of the Town Council with the corporate seal affixed, and no officer or member of the Town Council shall be liable for the payments of such notes because it is signed by them as officers of the Town and is authorized by the Resolution of the Town Council. 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. The aggregate amount of outstanding principal from any such borrowing or borrowings under this Section 34 shall at no time exceed a sum equal to five percent (5%) of the total assessed value of all non-tax-exempt real property situated within the bounds of the Town of Fenwick Island, as such boundaries shall from time to time appear.
(HB 48, May 27, 1965; 68 Del. Laws, c. 352, § 1)
