The Town of Elsmere shall have all the powers granted to municipal
corporations by the Constitution and general laws of the State of
Delaware, together with all the implied powers expressly granted.
The Town of Elsmere shall continue to enjoy all powers which have
been granted to it by special Acts of the General Assembly of the
State of Delaware, except insofar as they may be repealed by the enactment
of this Charter. The Town of Elsmere as a body politic and corporate
shall succeed to, own or possess all property, whether real, personal
or mixed, and all rights, privileges, franchises, powers and immunities
now belonging to, possessed by or enjoyed by the former corporation,
known as 'The Commissioners of Elsmere', without the necessity of
any deeds or instruments of conveyance or transfer.
The Town of Elsmere may have and use a corporate seal, may sue
and be sued, may acquire property within or without its corporate
limits by purchase, gift, devise or lease for the purpose of providing
sites for public buildings, parks, sewer systems, sewage treatment
plants, gas, telephone or electric systems, water systems, water plants
or other municipal purposes; and may sell, lease, mortgage, hold,
manage and control such property or utility as its interests may require;
and, except as prohibited by the Constitution or laws of the State
of Delaware or restricted by this Charter, the Town of Elsmere shall
and may exercise all municipal powers, functions, rights, privileges
and immunities of every name and nature whatsoever.
In the event it is necessary to mortgage any property now acquired or hereinafter acquired by the Town of Elsmere, the Town is given the power to give a bond and warrant secured by a mortgage to any proposed mortgagee in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) and for a term not exceeding twenty (20) years, without regard to the provisions of Article IV, Section 406 of this Charter. (75 Del. Laws, c. 187, 7/12/05)
The enumeration of particular powers in this Charter shall not
be held or deemed to be exclusive; rather, in addition to the powers
enumerated herein, implied thereby, or appropriate to the exercise
thereof, it is intended that the Town of Elsmere shall have and may
exercise all powers which, under the Constitution of the State of
Delaware, it would be competent for this Charter to specifically enumerate.
All the powers of the Town, whether express 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.
