CHAPTER 197 - AN ACT REVISING THE PRIOR CHARTER OF THE CITY
OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING
THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH.
Be it enacted by the General Assembly of the State of Delaware
(two-thirds of all Members elected to each House concurring therein):
___________________________________________________________________________
SENATE BILL NO. 119 - This bill appears as Chapter 61, Volume
56, Laws of Delaware, Approved by the Governor July 5, 1967.
AN ACT TO AMEND AN ACT ENTITLED "AN ACT REVISING THE PRIOR CHARTER
OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR
AND PRESCRIBING THE POWER AND DUTIES OF THE COMMISSIONERS OF REHOBOTH
BEACH" BEING CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED,
CHANGING THE CORPORATE NAME, ESTABLISHING A PROCEDURE FOR ANNEXATION,
DELETING THE RESTRICTION AGAINST COMPENSATION FOR COMMISSIONERS, CLARIFYING
THE QUALIFICATIONS FOR COMMISSIONER, DEFINING THE WORD "FREEHOLDER",
PERMITTING CERTAIN LEASEHOLDERS TO NOMINATE PERSONS FOR ELECTIVE OFFICE,
PROVIDING A REGISTRATION PROCEDURE FOR VOTERS, CHANGING THE TIME OF
REORGANIZATION, PROVIDING FOR REGULAR MEETING OF COMMISSIONERS, PROVIDING
POWERS AND DUTIES OF CITY MANAGER, ESTABLISHING PROCEDURE FOR REMOVAL
OF CITY MANAGER AND EMPLOYEES OF THE CITY, PROVIDING FOR PAYMENT OF
ACCOUNTANTS, ESTABLISHING INDEFINITE TERMS OF OFFICE FOR CERTAIN APPOINTIVE
OFFICES, ESTABLISHING THE POLICE DEPARTMENT UNDER THE DIRECTION OF
THE CITY MANAGER, CHANGING THE DATE WHEN ASSESSMENT IS DELIVERED TO
COMMISSIONERS, CHANGING DATE FOR FIXING THE BUDGET, PROVIDING FOR
TAXING IMPROVEMENTS ON CERTAIN LEASED LAND, PROVIDING FOR A FIRST
LIEN ON IMPROVEMENTS LOCATED ON CERTAIN LEASED LAND, PERMITTING THE
SALE OF IMPROVEMENTS LOCATED IN CERTAIN LEASED LAND FOR NONPAYMENT
OF TAXES, AUTHORIZING THE ESTABLISHMENT OF A PENSION PLAN OR A HEALTH
AND WELFARE PLAN FOR CITY EMPLOYEES, DEFINING THE WORD "OWNER" IN
CONNECTION WITH PAVING, GUTTERING, CURBING AND STREETS, AUTHORIZING
AWARDING OF CONTRACTS UNDER CERTAIN CONDITIONS WITHOUT COMPETITIVE
BIDDING, AND DEFINING THE WORD "USER" IN CONNECTION WITH THE PUBLIC
WATER SYSTEM AND PUBLIC SEWER SYSTEM
Be it enacted by the General Assembly of the State of Delaware
(two-thirds of all Members elected to each House thereof concurring
therein):
___________________________________________________________________________
(a)Â
The Commissioners of Rehoboth Beach now in Office, and their successors
hereafter chosen under the provisions of this Charter, within the
limits and boundaries established by this Charter, shall be, and they
are, created a body politic and corporate, in fact and in Law and
Equity, by the name, style and title of "THE CITY OF REHOBOTH BEACH",
and under that name shall have perpetual succession; may have and
use a corporate seal, which may be altered, changed or renewed at
pleasure; may sue and be sued, plead and be impleaded in any and all
Courts of Law and Equity in the State of Delaware and elsewhere by
said corporate name; may take, receive, hold and enjoy any and all
lands, tenements and hereditaments located either within or without
the limits and boundaries set forth in Section 2 of this Charter,
in fee simple or for a lesser estate, interest or otherwise, and also
goods, chattels, rights and credits, and may sell, lease, hold, manage
and control any such property or properties in such a manner as The
Commissioners may deem expedient and proper for the purposes hereinafter
to be expressed; and may appoint such Officers and agents as shall
be necessary or convenient for the management of the affairs of the
City, and may fix and determine the compensation of such officers
and agents.
(b)Â
Except as hereinafter provided in this Charter relative to the power
to issue Bonds, The Commissioners shall have all other powers and
functions requisite to or appropriate for the government of the City,
its peace and order, its sanitation, beauty, the health, safety, convenience,
government and well-being of its population, and the protection and
preservation of property, public and private, and the maintenance
of a permanent seaside resort and the furnishing of proper conveniences
and attractions requisite to the same; provided, that nothing in this
Charter shall be construed as conferring any banking power.
(c)Â
All actions, suits, and proceedings shall be brought in the name
of "THE CITY OF REHOBOTH BEACH".
(d)Â
The enumeration of particular powers by this Charter shall not be
held to be exclusive, or to restrict, in any way, the general powers
conferred herein; but, in addition to the powers enumerated herein,
implied thereby, or appropriate to the exercise thereof, it is intended
that The Commissioners of Rehoboth Beach shall have and may exercise
all powers which, under the Constitution of the State of Delaware,
it shall be competent for this Charter specifically to enumerate.
All powers of The Commissioners of Rehoboth Beach, whether expressed
or implied, shall be exercised as prescribed by this Charter, or,
if the procedure, or a mode of exercise, be not prescribed herein,
such power or powers shall be exercised by ordinance or resolution
of The Commissioners.
(a)Â
The limits and bounds of the City of Rehoboth Beach are hereby established
and declared to be as follows:
(b)Â
Beginning at the Northeast line of the present Town of Rehoboth Beach,
thence running to and with the coastline of the Atlantic Ocean, in
a Southerly direction to the South side of Penn Street; thence with
the South side of Penn Street to Silver Lake, thence by and with the
North side of Silver Lake, in a Westerly direction, to the line of
The Rehoboth Country Golf Club, continuing in a Westerly direction
to a point at the North side of the Old County Bridge, across the
United States Inland Waterway, to there intersect the line of said
Inland Waterway; thence by and with the line of the United States
Right-of-way in a Northerly direction, to the present line of the
said Town of Rehoboth Beach; thence by and with the said present line
in an Easterly direction, to the point of beginning.
(c)Â
The Commissioners of Rehoboth Beach may, at any time hereafter cause
a survey and plot to be made of said City, and the said plot or any
supplement thereto, when so made and approved by said The Commissioners
of Rehoboth Beach, signed by the President, who shall affix thereto
the municipal corporate seal of the City, attested by the Secretary
of the said The Commissioners of Rehoboth Beach, and upon being recorded
in the Offices of the Recorder of Deeds of the State of Delaware,
in and for Sussex County, shall be, or the record thereof, or a duly
certified copy of said record, shall be evidence in all Courts of
Law and Equity of this State.
(d)Â
The Commissioners of Rehoboth Beach shall have the power to annex
additional territory adjoining the corporate limits of the City of
Rehoboth Beach as hereinbefore set forth or as hereafter extended
pursuant to the procedure hereinafter set forth and to apply to all
such additional territory all laws, ordinances, resolutions and policies
in force with the City so far as they may be locally applicable. The
Commissioners of Rehoboth Beach shall adopt a Resolution proposing
to the property owners and the residents of both the City and of the
Territory proposed to be annexed that The City of Rehoboth Beach proposes
to annex certain territory which adjoins its then limits and territory.
The Resolution shall contain a description of the territory proposed
to be annexed and shall fix a time and place for a public hearing
on the subject of the proposed annexation. The Resolution setting
forth the information shall be printed in a newspaper published in
The City of Rehoboth Beach at least one week prior to the date set
for the public hearing, or, if no newspaper is published in The City,
publication shall be had in a newspaper having a general circulation
both in the City and in the territory proposed to be annexed, or,
at the discretion of The Commissioners of Rehoboth Beach, the said
Resolution shall be posted in four (4) public places both in The City
and in the territory proposed to be annexed.[1]
Following the public hearing, but in no event later than thirty
(30) days thereafter, a Resolution shall then be passed by a majority
of The Commissioners of Rehoboth Beach ordering a Special Election
to be held not less than thirty (30) days nor more than sixty (60)
days after the said public hearing on the subject of the proposed
annexation. The passage of this Resolution shall ipso facto be considered
the determination of the Commissioners of Rehoboth Beach to proceed
with the matter of the proposed annexation.
The notice of the time and place of holding the said Special
Election shall be printed within thirty (30) days immediately preceding
the date of the Special Election in at least two (2) issues of a newspaper
published in The City, or, if no newspaper is published in The City,
the notice may be printed within thirty (30) days immediately preceding
the date of the Special Election in two (2) issues of a newspaper
having a general circulation in The City and in the territory proposed
to be annexed, or, in the discretion of The Commissioners of Rehoboth
Beach the said notice may be posted in five (5) public places both
in The City and in the territory proposed to be annexed, at least
fifteen (15) days prior to the date of the Special Election.
At the Special Election, every freeholder or leaseholder as
defined in this Charter shall be entitled to cast one vote and every
bona fide resident of the City of Rehoboth Beach who is not a freeholder
or leaseholder as defined in this Charter shall be entitled to cast
one vote. At the said Special Election, every freeholder or leaseholder,
as defined in this Charter, of the territory proposed to be annexed
shall be entitled to cast one vote and every bona fide resident of
the territory proposed to be annexed who is not a freeholder or leaseholder
as defined in this Charter shall be entitled to cast one vote. Freeholders
or leaseholders, as defined in this Charter, whose property or whose
improvement located on leased land is exempt from taxation or is not
assessed shall not be entitled to vote. The books and records of the
City of Rehoboth Beach in the case of city freeholders, or leaseholders
as defined in this Charter or residents and the books and records
of Sussex County in the case of freeholders, leaseholders as defined
in this Charter, or residents of the territory proposed to be annexed
shall be conclusive evidence of the right of such persons to vote
at the Special Election.[2]
Voting machines shall be used in any annexation election and
the form of the ballot to be inserted in the machine shall be as follows:
|
[Â Â Â ]
|
For the proposed annexation
|
|
[Â Â Â ]
|
Against the proposed annexation
|
|
(CHECK THE ONE BLOCK FOR WHICH YOU CAST YOUR VOTE) [3]
| |
The Mayor shall appoint three (3) persons to act as
Election Officials, at least one of whom shall reside and own property
in The City, and at least one of whom shall reside and own property
in the territory proposed to be annexed. One of the said persons so
appointed shall be designated the Presiding Officer. Voting shall
be conducted in the Municipal Building and the Election Officials
shall have available, clearly marked, two (2) ballot boxes. All ballots
cast by those persons, partnerships or corporations authorized to
vote as residents, property owners or leaseholders in the territory
proposed to be annexed shall be deposited in one such ballot box,
and all ballots cast by those persons, partnerships or corporations
who are authorized to vote as residents, property owners or leaseholders
of The City shall be deposited in the other such ballot box. The polling
places shall be opened from 1:00 o'clock P.M., prevailing time,
until 6:00 o'clock P.M., prevailing time, on the date set for
the Special Election.[4]
Immediately upon the closing of the polling places, the Election
Officials shall count the ballots for and against the proposed annexation
and shall announce the result thereof; the Election Officials shall
make a certificate under their hands of the number of votes cast for
and against the proposed annexation, and the number of void votes,
and shall deliver the same to The Commissioners of Rehoboth Beach.
The said certificate shall be filed with the papers of the Commissioners
of Rehoboth Beach.[5]
In order for the territory proposed to be annexed to be considered
annexed, a majority of the votes cast both from The City and from
the territory proposed to be annexed must have been cast in favor
of the proposed annexation. In the event that the Referendum results
in an unfavorable vote for annexation, a subsequent election may be
held at any time. If a favorable vote for annexation shall have been
cast, The Commissioners of Rehoboth Beach shall cause a description
and a plot of the territory so annexed to be recorded in the Office
of the Recorder of Deeds for Sussex County in Georgetown, Delaware,
but in no event shall such recordation be completed more than ninety
(90) days following the favorable referendum. The territory considered
for annexation shall be considered to be a part of The City of Rehoboth
Beach from the time of recordation. The failure of The Commissioners
of Rehoboth Beach to record the description and plot within the time
hereinbefore specified shall not make the annexation invalid but such
annexation shall be deemed to be effective at the expiration of the
ninety (90) day period from the date of favorable election.
[1]
Editor's Note: Resolutions of annexation are on file
in the City offices.
[2]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
[3]
Editor's Note: This paragraph was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-8-1976.
[4]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
[5]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(a)Â
The government of The City and the exercise of all power conferred
by this Charter, except as otherwise provided herein, shall be vested
in The Commissioners of Rehoboth Beach. The Commissioners of Rehoboth
Beach shall consist of seven (7) members, to be chosen as hereinafter
provided, all of whom shall be citizens of the United States of America.
One of said Commissioners shall have the title of Mayor of The City
of Rehoboth Beach, with duties hereinafter to be prescribed, and who
shall also be President of The Commissioners of Rehoboth Beach. Each
of the seven (7) Commissioners of Rehoboth Beach, at the time of the
approval of the Commissioner's qualifications by The Commissioners
as hereinafter provided or at the time of the Commissioner's
appointment as the case may be, shall have attained the age of twenty-one
(21) years of age. Not less than three of the Commissioners shall
be designated resident Commissioners. A resident Commissioner shall
be a bona-fide resident and domiciliary of the City. The Commissioner
with the title of Mayor of the City of Rehoboth Beach shall also be
a bona-fide resident and domiciliary of the City and shall have been
domiciled in the City of Rehoboth Beach for a period of at least twelve
(12) months immediately preceding the date of election. The other
three Commissioners must either have the qualifications of a resident
Commissioner as defined above (i.e. a bona-fide resident and domiciliary
of the City) or be a freeholder of real estate located within The
City. If any of the Commissioners or the Mayor fails to retain the
qualifications as aforesaid during the term of office, that Commissioner
or Mayor shall ipso facto vacate office. The Commissioners shall be
judges of the qualifications of their members.[1]
[1]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
All provisions in this Charter pertaining to Annual Municipal
Elections, Special Elections, or any other elections, and voting,
shall be construed in accordance with the principle of "one person,
one vote": If a voter is entitled to vote by virtue of being both
a resident of the City and a Freeholder, the voter is entitled to
only one vote; If a voter is entitled to vote by virtue of being both
a resident of the City and a Leaseholder, the voter is entitled to
only one vote; If a voter is entitled to vote by virtue of being both
a Freeholder and a Leaseholder, the voter is entitled to only one
vote; if a voter is entitled to vote by ownership of two or more parcels
of real property, the voter is entitled to only one vote.
Ballots may be cast in person or by absentee ballot in all elections.
Absentee voting shall be in compliance with the applicable provisions
of Title 15 of the Delaware Code.
[1]
Editor's Note: This section was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976; Senate Bill No. 193,
enacted by the 129th General Assembly during the First Session of
1979, House Bill No. 172 enacted by the 134th General Assembly and
signed by the Governor 6-29-1987; by Senate Bill No. 123 enacted by
the 136th General Assembly and signed by the Governor on 6-4-1991;
7-2-1992 by 68 Del. Laws, c. 305; by the General Assembly by 2007
Del. Laws, Ch. 61, approved by the Governor 6-28-2007; 3-27-2019 by
82 Del. Laws, c. 6.
(a)Â
The six offices of Commissioners of Rehoboth Beach and the office
of Commissioner of Rehoboth Beach with the title of Mayor of the City
of Rehoboth Beach, with duties hereinafter to be prescribed, shall
be elective. All other offices shall be appointive and the person
or persons filling such appointive offices shall be appointed by the
Commissioners of Rehoboth Beach in the manner hereinafter to be prescribed.
Six offices of Commissioner of Rehoboth Beach shall be for a three
year term. The office of Commissioner of Rehoboth Beach with the title
of Mayor of the City of Rehoboth Beach shall be for a three year term
and in every event that a person shall be nominated to this office,
the ballots shall not only specify that the individual seeks the Office
of Commissioner of Rehoboth Beach, but also that the individual seeks
that office with the title of Mayor of the City of Rehoboth Beach,
with duties hereinafter to be prescribed.[1]
[1]
Editor's Note: This subsection was amended by House Bill
No. 172 enacted by the 134th General Assembly and signed by the Governor
6-29-1987; 3-27-2019 by 82 Del. Laws, c. 6.
(b)Â
The qualifications for the office of Commissioner of Rehoboth Beach
as well as the office of Commissioner of Rehoboth Beach having the
title of Mayor of the City of Rehoboth Beach shall be as set forth
in Section 3 of this Charter.
(c)Â
In the case of a vacancy created in any office of Commissioner of
Rehoboth Beach, or in the office of Commissioner of Rehoboth Beach
having the title of Mayor of the City of Rehoboth Beach, either by
death, resignation, loss of residence in the City of Rehoboth Beach,
or other disqualifying event, or otherwise, The Commissioners of Rehoboth
Beach shall fill such vacancy for the residue of the whole term.
(d)Â
Aside from loss of residence, as in those instances specified in
Section 3 of this Charter, if any elected officer be found guilty
of any felony, the elected officer shall forthwith be disqualified
to act as such officer and the elected officer shall, ipso facto,
vacate the elective office, which office shall be filled by the Commissioners
of Rehoboth Beach as in the case of other vacancies.[2]
[2]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
(e)Â
Each non-resident Commissioner shall receive an allowance for every
mile necessarily driven from the Commissioner's permanent home
to Rehoboth Beach in order to attend any meeting of the Commissioners
of Rehoboth Beach or the meeting of any committee of which the non-resident
Commissioner is a member; provided however, that no such allowance
shall be paid for any meeting attended prior to September 1, 1974,
said amount per mile to be the same as the standard mileage rate set
annually by the Internal Revenue Service.[3]
[3]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
(a)Â
The mode of nomination of candidates for elective offices in the
City of Rehoboth Beach shall be by petition, signed by not less than
ten nor more than twenty-five qualified electors of the City and filed
with the Secretary of the Commissioners of Rehoboth Beach, on or before
4:30 p.m. on the first Monday in June of each year preceding the Annual
Municipal Election.[1]
[1]
Editor's Note: This subsection was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976; Senate Bill No. 193
enacted by the 129th General Assembly during the First Session of
1977, effective 1-1-1978; House Bill No. 25 enacted by the 130th General
Assembly during the First Session of 1979; Senate Bill No. 123 enacted
by the 136th General Assembly and signed by the Governor on 6-4-1991;
3-27-2019 by 82 Del. Laws, c. 6.
(b)Â
Whenever a petition nominating a person for the office of Commissioner
of Rehoboth Beach, or the office of Commissioner of Rehoboth Beach
who shall have the title of Mayor of the City of Rehoboth Beach, shall
have been filed as above prescribed, the name of such person shall
be printed on the ballot for the regular municipal election as a candidate
for the office for which the person was nominated; provided, the person
possesses the qualifications of an incumbent of that office as prescribed
by this Charter. The Commissioners of Rehoboth Beach shall be judge
of the person's qualifications as prescribed by this Charter
and, at the regular meeting in June the Commissioners of Rehoboth
Beach shall sit in open meeting to judge the qualifications of candidates
so nominated.[2]
[2]
Editor's Note: This subsection was amended by Senate
Bill No. 729 enacted by the 128th General Assembly during the Second
Session of 1976 and signed by the Governor on 7-7-1976; Senate Bill
No. 193 enacted by the 129th General Assembly during the First Session
of 1977, effective 1-1-1978; House Bill No. 25 enacted by the 130th
General Assembly during the First Session of 1979; Senate Bill No.
123 enacted by the 136th General Assembly and signed by the Governor
on 6-4-1991; 3-27-2019 by 82 Del. Laws, c. 6.
(c)Â
No nominating petition shall designate more than one person to be
voted for as a Commissioner of Rehoboth Beach, or as Commissioner
of Rehoboth Beach with the title of Mayor of the City of Rehoboth
Beach.
(d)Â
No qualified elector shall sign the nominating petition of more candidates
than there are elective offices to be filled at such regular municipal
election. Each qualified elector signing such petition shall also
state whether the qualified elector signed such petition as a freeholder
or as a leaseholder or as a resident.[3]
[3]
Editor's Note: This subsection was amended by Senate
Bill No. 123 enacted by the 136th General Assembly and signed by the
Governor on 6-4-1991; 3-27-2019 by 82 Del. Laws, c. 6.
(e)Â
There must be attached to each nominating petition an affidavit of
the circulator thereof stating: the number of signers; that each signature
appended thereto was made in the circulator's presence; that
each signature is the genuine signature of the person whose name it
purports to be; and that all of said signers are entitled to vote
at the regular municipal election referred to.[4]
The form of the nominating petition shall be substantially as
follows:
We, the undersigned, electors of the City of Rehoboth Beach,
hereby nominate .................................... for the office
of .......................... to be voted for at the regular municipal
election to be held in said City, on the .......... day of .............
in the year.........; and we individually certify that we are qualified
to vote for a candidate for the office named, and that we have truly
designated the capacity in which we have signed this petition as such
qualified voter.
|
Name
|
Freeholder
|
Resident of Delaware & Rehoboth
|
|---|---|---|
|
(space for signatures)
| ||
|
State of Delaware:
| ||
|
SS
| ||
|
Sussex County:
|
....................................... being duly sworn
(or affirmed) deposes and says that the individual is the circulator
of the foregoing petition paper containing .............................
signatures and that the signatures appended thereto were made in the
circulator's presence and are the signatures of the persons whose
names they purport to be, and that the circulator verily believes
the status of each signer thereof to be truly stated and that all
of said signers are entitled to vote at the said regular municipal
election referred to in said paper.
|
...................................
Circulator
|
|
SUBSCRIBED AND SWORN TO (or affirmed) before me this ....................
day of, A.D. ............
|
|
...................................
Notary Public
|
[4]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
(a)Â
Annual Municipal Elections shall be held on the second Saturday in
the month of August from 10:00 in the morning, prevailing time, until
6:00 in the evening, prevailing time, at such public place or places
as shall be determined by the Commissioners of Rehoboth Beach, due
notices of which shall be given in compliance with the applicable
provisions of 15 Del. C. § 7501 et seq. In the event there
is no contest for any of the several offices in any year, the polls
shall remain open for only one hour, commencing at 10:00 a.m. in the
morning, prevailing time and closing at 11:00, prevailing time, on
the second Saturday in August. Persons in the polling place at 6:00
in the evening shall be entitled to vote even though such votes may
be cast after 6:00 in the evening, prevailing time.[1]
[1]
Editor's Note: This subsection was amended by Senate
Bill No. 193 enacted by the 129th General Assembly during the First
Session of 1977, effective 1-1-1978; House Bill No. 25 enacted by
the 130th General Assembly during the First Session of 1979; Senate
Bill No. 123 enacted by the 136th General Assembly and signed by the
Governor on 6-4-1991; by the General Assembly by 2007 Del. Laws, Ch.
61, approved by the Governor on 6-28-2007.
(b)Â
Voting Machines shall be utilized during Annual Municipal Elections
in compliance with the applicable provisions of 15 Del. C. § 7501
et seq.[2]
[2]
Editor's Note: This subsection was amended by House Bill
No. 172 enacted by the 134th General Assembly and signed by the Governor
6-29-1987; by the General Assembly by 2007 Del. Laws, Ch. 61, approved
by the Governor on 6-28-2007.
(c)Â
Every Annual Municipal Election shall be held under the supervision
of the Election Officials. The Election Officials shall consist of
one (1) Inspector of the Election and such Officers of the Election
as shall be appointed by the Commissioners of Rehoboth Beach. The
Inspector and such Officers constituting the Election Officials shall
be qualified voters of the City of Rehoboth Beach and shall be appointed
for that purpose by the Commissioners at least two (2) weeks before
such Annual Municipal Election. If, at the opening of the polls, the
Election Officials shall not be present, then in such case the persons
qualified to vote at such Annual Municipal Election and then present
at the opening of the polls shall, by viva voce, select a qualified
voter or voters to act as the Election Officials to fill such vacancies
caused by the absence of the Election Officials. The Election Officials
shall be judges of the Annual Municipal Election and shall decide
upon the legality of the votes offered. The Election Officials shall
keep a true and accurate list of all voters voting at the Annual Municipal
Election. The Election Officials shall have the power to subpoena
persons, and officers of the City of Rehoboth Beach and books, records
and papers relative to the termination of the validity of any vote
or votes offered.[3]
[3]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(d)Â
At such annual election, every natural person who shall have attained
the age of Eighteen (18) years and who shall be freeholder, as defined
in this Chapter, in The City of Rehoboth Beach for a period of thirty
(30) days immediately preceding the date of such Annual Municipal
Election or who shall be a leaseholder, as defined in this Chapter,
in The City of Rehoboth Beach for a period of Six (6) months immediately
preceding the date of such Annual Municipal Election, whether or not
such person is a resident of the State of Delaware or of The City
of Rehoboth Beach shall have One (1) vote, provided such person is
registered on the "Books of Registered Voters" of The City of Rehoboth
Beach as set forth herein. In addition, every natural person who shall
have obtained the age of eighteen (18) years on the date of the Annual
Municipal Election who shall be a bona fide resident of the State
of Delaware and The City of Rehoboth Beach on the date of the Annual
Municipal Election shall be entitled to one (1) vote provided such
person shall be registered on the "Books of Registered Voters" of
The City of Rehoboth Beach as set forth herein. The Commissioners
of Rehoboth Beach shall provide Two (2) registers to be known as the
"Books of Registered Voters" which are to be kept at the office of
the City Manager. The Books of Registered Voters shall contain the
following information for each registrant: The names of the voters
arranged in alphabetical order, The permanent address of the voter,
the local address of the voter, the birth date of the voter, the date
the registrant became a resident of the State of Delaware, the date
the registrant became a resident of the City of Rehoboth Beach, the
date the registrant became a freeholder of the City of Rehoboth Beach
and other pertinent information. No natural person shall be registered
upon the Books of Registered Voters unless such person will have acquired
the qualifications to vote in the Annual Municipal Election for the
year in which such person registers. A person shall only be required
to register One (1) time; provided however, that if a registered voter
fails to vote in Two consecutive Annual Municipal Elections in which
there is a contest, the City shall send a voter vertification request
by forwardable first-class mail to the voter at the voter's last
known address, provided all similarly situated voters are also sent
such voter verification request at the same time, asking the voter
to sign a return card and: (1) authorize cancellation of their Rehoboth
Beach voter registration because they are no longer eligible to vote
as a resident, Freeholder, or Leaseholder in Annual Municipal Elections,
or (2) confirm that the voter continues to be eligible to vote in
Annual Municipal Elections. The City, upon receipt of the returned
notice and in accordance with the response, shall: (1) cancel the
person's registration, or (2) update the person's voter
registration record with any new information and certify the person
remains eligible to vote. Sixty days following a voter verification
mailing, the City shall place all persons who did not reply to the
voter verification request into "inactive status." A person shall
be returned to active status if the person subsequently returns the
return card indicating the person continues to be eligible to vote
in Annual Municipal Elections, or if the person votes in an Annual
Municipal election while in "inactive status." The City shall remove
from the Books of Registered Voters any person who remains in "inactive
status" for two consecutive Annual Municipal Elections in which there
is a contest. The Books of Registered Voters shall be maintained at
the office of the City Manager and shall be conclusive evidence of
the right of any person to vote at the Annual Municipal Election.
A person may register at the Office of the City Manager on any day
during the regular business hours until the close of business thirty
(30) days prior to the Annual Municipal Election.[4]
As used in this Chapter "Freeholder" means a natural person
who holds title of record to a fee simple estate or life estate in
and to an undivided interest in real property in the City or who holds
title of record to real property in the City as a tenant by the entirety
or who is both grantor/settler and trustee of a valid revocable trust
to which real property located within the City has been conveyed,
provided that a copy of the trust document identifying a grantor/settler
and trustee is on file with the City.[5]
"Real Property" includes condominiums created under the Delaware
Unit Property Act or the Delaware Uniform Common Interest Ownership
Act.[6]
As used in this Chapter "Lease" means a valid lease to real
property in the City for a term of at least ten (10) years which lease
is recorded in the Office of the Recorder of Deeds in and for Sussex
County and upon which real property is erected an improvement having
an assessed valuation of at least one thousand dollars ($1,000.00)
as shown by the records of the City of Rehoboth Beach.
As used in this Chapter "Leaseholder" means a natural person
holding title to an undivided interest in a lease or who holds title
to a lease as a tenant by the entirety.[7]
As used herein "resident" shall mean a natural person residing
and domiciled in the City of Rehoboth Beach for a period of at least
thirty (30) days immediately preceding the date of the election. As
used herein "domicile" shall mean the place where a person has their
true, fixed, permanent home, and principal establishment, and to which,
whenever the person is absent, the person has the intention of returning.
These provisions shall be construed in accordance with the principle
of "one person, one vote" for each elective office.
[4]
Editor's Note: This subsection was amended by Senate
Bill No. 729 enacted by the 128th General Assembly during the Second
Session of 1976 and signed by the Governor on 7-7-1976; Senate Bill
No. 193, enacted by the 129th General Assembly during the First Session
of 1977, effective 1-1-1978; House Bill No. 25 enacted by the 130th
General Assembly during the First Session of 1979; Senate Bill No.
123 enacted by the 136th General Assembly and signed by the Governor
on 6-4-1991; by the General Assembly by 2007 De. Laws Ch. 18, approved
by the Governor 5-10-2007; 3-27-2019 by 82 Del. Laws, c. 6.
[5]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 18, approved by the Governor 5-10-2007.
[6]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
[7]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
(e)Â
In the event of a challenge to the identity or qualifications of
a voter, the Inspector of the Election shall hear and decide the challenge.[8]
[8]
Editor's Note: This subsection was amended by House Bill
No. 172 enacted by the 134th General Assembly and signed by the Governor
6-29-1987; by the General Assembly by 2007 Del. Laws, Ch. 61, approved
by the Governor 6-28-2007.
(f)Â
Upon the close of the election, the votes shall be read and counted
publicly and the person having the highest number of votes for each
office shall be declared, by the Election Officials, to be duly elected,
and such person shall continue in office during the terms for which
they were chosen, or until their successors are duly elected or appointed
and qualified.[9]
[9]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(h)Â
The Election Officials, as soon as possible after the polls have
closed and the results announced, shall deliver all election documents,
envelopes, and absentee ballots to the Board of Elections. The Board
of Elections shall secure the documents, envelopes, and absentee ballots
until such time that they need to canvass the election.[11]
[11]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(i)Â
The Election Officials shall enter in a book, to be provided for
that purpose, a minute of the election, containing the names of the
persons chosen. They shall subscribe the same and shall give to the
persons elected certificates of their election. The book, containing
such matters, shall be preserved by The Commissioners and shall be
evidence in any Court of Law and Equity.[12]
[12]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(a)Â
The Commissioners of Rehoboth Beach, at the first regular meeting
in September following the annual election, shall meet for the purpose
of organization at the usual place for holding meetings of The Commissioners
of Rehoboth Beach. The newly elected officers shall assume the duties
of their respective offices, being first duly sworn or affirmed to
perform their duties with fidelity, which oath or affirmation shall
be taken before a Notary Public, a Justice of the Peace or by a holding-over
member of The Commissioners. The newly elected Commissioner with the
title of Mayor of The City of Rehoboth Beach shall assume the chair
of the office of Mayor of The City of Rehoboth Beach. The Commissioners
shall likewise select a Secretary from their own number to serve until
the first regular meeting after the next succeeding election. They
shall also choose an Assistant Secretary to serve as aforesaid, who
may or may not be from among their own number and such other officers
and employees as may be determined to be necessary.[1]
[1]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
(b)Â
The Commissioners shall by ordinance fix the salaries and compensation
of the employees, officers and agents of the City, and the time and
manner of his or her, or their payment; Provided, that the salary
or compensation of any such employee, officer or agent shall not be
increased, during the term of said office should said appointment
thereto be for a designated term. No officer, employee or agent of
the City shall in any form have, take, or receive from the City any
compensation, in any form, in addition to the salary or compensation
fixed by The Commissioners.
(c)Â
The Commissioners shall cause to be kept a full and complete record
of all officers appointed, and employees and agents hired by the City,
containing the names of such officers, employees and agents, the dates
of their employment, the salary and compensation to be by them received
and the date of the termination of their services. In the event that
they shall hold their office for an indefinite term, the record shall
so state.
(a)Â
The Commissioners of the City of Rehoboth Beach shall hold meetings
at the call of the Mayor (or majority of Commissioners).
(b)Â
The Commissioners of the City of Rehoboth Beach shall have the same
power and authority to enact all ordinances, adopt all resolutions,
pass all motions, make all orders and transact all business at such
meeting, called as aforesaid. There shall be not less than one meeting
held per month.
(c)Â
All meetings shall be subject to the provisions of Title 29, Chapter
100, Delaware Code.
[1]
Editor's Note: This section was amended by House Bill
No. 172 enacted by the 134th General Assembly and signed by the Governor
6-29-1987 and by Senate Bill No. 377 enacted by the 140th General
Assembly.
(a)Â
A majority of the members elected to the Commissioners of Rehoboth
Beach 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
adopted by a majority of the entire Commissioners.
The Commissioners shall determine its rules and order of business
and shall keep a journal of its proceedings and the yeas and nays
shall be taken upon the passing of every ordinance and resolution
and shall be entered in the journal with the text of the ordinance
or resolution.
It shall be unlawful for the said The Commissioners of Rehoboth
Beach to make or enter into any contract for materials, supplies,
work or labor for the use and benefit of the City of Rehoboth Beach
with any member of The Commissioners or with any partnership in which
any member of The Commissioners is a partner or with any corporation
in which any member of The Commissioners is a director or stockholder,
or with any firm or company in which any member of The Commissioners
is pecuniarily interested, except with the unanimous consent of the
entire Commissioners. Such contracts shall be absolutely null and
void without such unanimous consent.
(a)Â
The Mayor of the City of Rehoboth Beach shall be sworn or affirmed
to perform the duties of his office with fidelity.
(b)Â
He shall be the chief executive of the City. He shall preside at
meetings of The Commissioners. He shall receive all communications
and complaints and present the same to The Commissioners. He shall
sign all deeds necessary and contracts made by The Commissioners and
shall countersign all checks and warrants authorized by The Commissioners
and drawn on the Treasurer for the payment of money. He shall be a
member, ex-officio, of all committees, and shall perform such other
duties as may be prescribed by ordinance, or by the by-laws adopted
by the said The Commissioners, and shall have all and every power
conferred, and perform the duties imposed upon him by this Charter
or the ordinances of the City.
(c)Â
In the performance of his duties as Mayor of the City of Rehoboth
Beach, he shall be known and designated as Mayor of the City of Rehoboth
Beach and in executing any deed, lease, contract, warrant on the Treasurer,
or other papers and instruments in writing necessary for him, as such
Mayor of the City of Rehoboth Beach, to sign he shall sign and execute
the same as Mayor of the City of Rehoboth Beach.
(d)Â
As a Commissioner of Rehoboth Beach and as Mayor of the City of Rehoboth
Beach, he shall have the same right as other Commissioners to vote
on all matters and may at any time appoint another Commissioner to
preside if he desired to make a motion, move the adoption of a resolution,
second either, or debate any question from the floor and may thereafter
immediately resume his duties as presiding officer.
(e)Â
In addition to his powers and duties as Mayor of the City of Rehoboth
Beach, he shall, as Mayor of the City of Rehoboth Beach, have all
powers of a Justice of the Peace within said City and shall have jurisdiction
and cognizance on all breaches of the peace and other offenses committed
within the limits of the City as far as arrest and hold to bail and
fine and imprisonment offenders. He shall have jurisdiction and cognizance
of all fines and penalties prescribed by this Charter, ordinances
enacted hereunder, or any law of the State of Delaware; of all neglects,
omissions or defaults of any member of the Police Force or other Town
Officer, agent or employee; provided, that he shall impose no fine
and penalty in excess of that fixed by the ordinance; which, in any
event, shall not exceed a fine of $500.00, or such sum as may hereafter
be made the maximum fine under the State Motor Vehicle Code, and shall
not commit to prison for a longer term than thirty days; provided,
however, that in motor vehicle violations the fines and penalties
imposed under the ordinances of the City of Rehoboth Beach shall be
the same as those provided by the Laws of Delaware for the same offense.
The jails of Sussex County may be used for imprisonment under the
provisions of this Charter; provided, that The Commissioners shall
pay for the board of persons committed for breaches of ordinances,
which are not breaches of the General Law.
(f)Â
As Mayor of the City of Rehoboth Beach, he shall also have jurisdiction
in suits of civil nature for the collection of taxes and assessments,
recovery of amounts due and payable for the construction of sidewalks,
curbs or pavements, expenses of abatement of nuisances, and all other
matters which may arise in the proper government and control of the
City under the provisions of this Charter. Within his jurisdiction,
he shall have all the powers and authority and shall be subject to
all the limitations of a Justice of the Peace of Sussex County, except
as herein otherwise provided; and his fee shall be the same as those
of a Justice of the Peace for like services. For any service or duty
in which no fee is provided by law, such fee shall be established
by ordinance.
(g)Â
Upon the expiration of this term of office or upon resignation or
removal from office, he shall forthwith turn over all records, books,
papers, documents and other things belonging to or appertaining to
his office of Mayor of the City of Rehoboth Beach. He shall also pay
over to the Treasurer all monies in his hands belonging to the City.
Upon neglect of failure to make such delivery or payment for the space
of five (5) days, he shall be deemed guilty of a misdemeanor and,
upon conviction in the Court of General Sessions of the State of Delaware,
shall be fined not more than $500.00, or imprisoned for not more than
one year, or shall suffer both fine and imprisonment at the discretion
of the Court.
(h)Â
As Mayor of the City of Rehoboth Beach, he shall, at every regular
monthly meeting of The Commissioners, report in writing all fines
imposed by him and all fines and penalties and other money received
by him for the preceding month belonging to the City. He shall pay
all such monies to the Treasurer within ten (10) days after making
report thereof to The Commissioners and failure to make report thereof
to The Commissioners, 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 hereinbefore provided.
(i)Â
As Mayor of the City of Rehoboth Beach, he shall keep a docket in
which all his official acts shall be entered which shall be open to
public inspection and examination at all times.
(a)Â
The Secretary shall have charge and custody of the books, journal,
records, papers and other effects of the City and shall keep the same
in a safe and secure place. He shall keep a full and complete record
of all the transactions of The Commissioners of Rehoboth Beach. He
shall be ex-officio, a member of all committees and shall keep a record
of the transactions and proceedings of the same, together with such
other duties as may be prescribed by this Charter or by ordinance
or rule of The Commissioners of Rehoboth Beach. He shall file and
keep in a safe place the seal of the Commissioners of Rehoboth Beach
and all papers and documents arising out of the proceedings of The
Commissioners of Rehoboth Beach and relative to the affairs of the
City. He shall deliver the same to his successor in office. He shall
attest the seal of The Commissioners of Rehoboth Beach when authorized
by The Commissioners and shall perform such duties and have such other
powers as may be prescribed by ordinance.
(b)Â
All books, records, and journals of the corporation in the custody
of the Secretary may, in the presence of the Mayor, Secretary, Assistant
Secretary, or any member of the Commissioners of Rehoboth Beach be
inspected by any freeholder of the City desiring legitimate information
at any time, or times, as may be convenient.
(c)Â
All records, books, papers and documents in the custody of the secretary
shall at all times be open for the inspection of members of the Commissioners
of Rehoboth Beach.
(d)Â
The compensation of the Secretary for his duties, as such, shall
be determined by The Commissioners.
The duties and powers of the Secretary as hereinbefore prescribed
shall devolve upon the Assistant Secretary in the absence or inability
of the Secretary. The Assistant Secretary shall likewise perform such
other duties and have such other powers as may be prescribed by ordinance
of The Commissioners of Rehoboth Beach.
(a)Â
A Treasurer of the City of Rehoboth Beach shall be appointed by The
Commissioners of Rehoboth Beach at their annual meeting hereinbefore
provided. He shall hold his office for the term of one year from the
date of his appointment at such annual meeting of if he be appointed
to fulfill an unexpired term, his appointment shall expire one year
from the date of the annual meeting immediately preceeding his appointment.
(b)Â
The Treasurer of the City of Rehoboth Beach shall be a substantial
freeholder of Lewes and Rehoboth Hundred. The Treasurer of the City
of Rehoboth Beach shall be either a person resident in said town or
a corporation doing business therein.
(c)Â
The compensation to be received by the Treasurer of Rehoboth Beach
shall be fixed by The Commissioners of Rehoboth Beach.
(d)Â
The Treasurer shall file with The Commissioners of Rehoboth Beach,
a Bond with corporate surety, approved by The Commissioners in the
sum of not less than $5,000.00 to be paid for by the Commissioners.
The Bond shall be conditioned upon the faithful performance of his
duties of his office and the restoration to The Commissioners of Rehoboth
Beach in the case of his death, resignation or removal from office
of all books, papers, vouchers, and other property of whatever kind
in his possession belonging to The Commissioners of Rehoboth Beach.
(e)Â
The Treasurer shall be the custodian of all the funds of the City.
He shall deposit them in banking institutions prescribed by The Commissioners.
(f)Â
All sums paid on account of assessments for the sewer system and
sewage treatment plant authorized by Chapter 119, Volume 38, Laws
of Delaware, shall be by him deposited within forty-eight hours of
their receipt in some banking institution authorized by The Commissioners
as a "Sinking Fund for Sewers" and shall be by him kept entirely separate
and distinct from any other funds handled by said Treasurer. All such
amounts thus received shall form a sinking fund and shall only be
paid out for the indebtedness incurred for building said sewers and
sewage treatment plant authorized by the aforesaid Act, for paying
the interest thereon as it becomes due, and for retiring the Bonds
in accordance with the provisions of the aforesaid Act.
(g)Â
The Treasurer shall pay out no money except upon check or warrant
countersigned by the Mayor of the City of Rehoboth Beach and authorized
by the Commissioners of Rehoboth.
(h)Â
He shall keep a true, and accurate and detailed account of all monies
received and of all monies paid out by him. He shall preserve all
vouchers for monies paid out by him and his books and accounts shall,
at all times, be open to inspection by The Commissioners. He shall
make such reports and at such times as the Commissioners shall direct.
(i)Â
He shall prepare, in conjunction with the Secretary and the City
Manager an annual report of the financial condition of the City, showing
receipts and expenditures and submit the same to the Board of Commissioners,
which said report shall be open to inspection to any freeholder of
the City. He shall take his affidavit to his belief in the truth and
correctness of such annual report and, at the end of the fiscal year,
shall publish same in one issue of a newspaper published in said City.
(j)Â
The Treasurer shall perform such other duties as The Commissioners
of Rehoboth Beach may from time to time prescribe or require.
(a)Â
The Commissioners of Rehoboth Beach shall appoint a City Manager
who shall be Chief Administrative Officer of the City. Notwithstanding
any provision to the contrary, the City Manager shall supervise all
City employees, and may delegate such supervisory authority in the
City Manager's discretion.[1]
[1]
Editor's Note: This subsection was amended by the General
Assembly by 2021 Del. Laws, Ch. 165, approved by the Governor 9-15-2021.
(b)Â
No person shall be appointed to the office of City Manager of the
Commissioners of Rehoboth Beach unless he shall have received a degree
in engineering from an approved college or university, or shall have
served as City Manager of some other incorporated municipality for
a period not less than four (4) years or shall have had practical
engineering experience for a period not less than four (4) years;
Provided, however, that nothing contained herein shall prohibit the
Commissioners of Rehoboth Beach from imposing such other qualifications
as may be deemed necessary; And Provided Further, that no person holding
the office of Mayor of the City of Rehoboth Beach or the office of
Commissioner shall be chosen to be City Manager during his term of
office as Mayor or Commissioner.
(c)Â
The City Manager shall hold office for an indefinite term and may
be removed by a majority vote of the Commissioners. At least thirty
days before such removal shall become effective, the Commissioners
shall by a majority vote of its members adopt a preliminary resolution
stating the reasons for his removal. The manager may reply in writing
and may request a public hearing which shall be held not earlier than
twenty days nor later than thirty days after the filing of such request.
After such public hearing, if one be requested, and after full consideration,
The Commissioners by majority vote of its members may adopt a final
resolution of removal. By the preliminary resolution, The Commissioners
may suspend the manager from duty, but shall in any case cause to
be paid him forthwith any unpaid balance of his salary and his salary
for the next three calendar months following adoption of the preliminary
resolution.
(d)Â
In case of the absence or disability of the Manager, the Commissioners
may designate some qualified person to perform the duties of such
office during his absence or disability. The compensation which the
Manager shall receive for the performance of his duties shall be fixed
by The Commissioners of Rehoboth Beach.
(e)Â
The City Manager shall be responsible to The Commissioners of Rehoboth
Beach for the proper administration of the affairs of The City placed
in his charge and to that end he shall have the power to appoint and
remove all officers and employees of The City. All appointments made
by the Manager shall be without definite term. All such employees
appointed by the Manager, or by his authorization, may be removed
by him at any time. He shall exercise his sole discretion in the appointment
or hiring of any such employees; provided however, that if a resident
or residents of The City, competent to perform the work required by
the Manager, can be found, such resident or residents shall be given
first choice. The Manager shall be the sole judge of the competence
or incompetence of any such person. The Commissioners of The City
of Rehoboth Beach shall sit as a Board of Appeal for the protection
of City employees at those times when the majority of all the Commissioners
are agreed that a review of the action of the City Manager would be
in the best interest of The City of Rehoboth Beach. The decision of
The Commissioners in such case shall be final and conclusive.
(f)Â
It is the intention of this Charter that, in the performance of his
duties and in the exercise of his powers, the City Manager shall not
be influenced by any matters whatsoever of a political or factional
nature. It is the intention of this Charter that the City Manager
shall be guided solely by matters of expediency and efficiency in
the administration of the affairs of the City placed in his charge.
To that end, neither The Commissioners nor any of its committees or
members shall direct or request that appointment of any person to,
or his removal from, any office by the City Manager or any of his
subordinates, nor, in any manner, take part in the appointment or
removal of the employees in the administrative service of the affairs
of the City under the charge of the Manager. Except for purposes of
inquiry, the Commissioners and its members shall deal with that portion
of the administrative service for which the Manager is responsible
solely through the Manager, and neither The Commissioners, nor any
members thereof, shall give orders to any subordinate of the City
under the City Manager either publicly or privately.
(g)Â
It shall be the duty of the City Manager to supervise the administration
of the affairs of the City under his charge. He shall make such recommendations
to The Commissioners concerning the affairs of the City as may seem
to him desirable. He shall keep the Commissioners advised of the financial
conditions and future needs of the City. He shall prepare and submit
to the Commissioners the annual budget estimate. He shall render to
The Commissioners, at their monthly meeting of each and every month,
a true, accurate and detailed account of all monies collected or by
him received in the performance of his duties, and shall promptly
turn over the same to the Treasurer of Rehoboth Beach.
(h)Â
In conjunction with the Mayor of the City of Rehoboth Beach, he shall
sign warrants on the Treasurer of the City pursuant to appropriations
or resolutions theretofore made by the Commissioners. He shall prepare
and submit to The Commissioners such reports as may be required by
that body. He shall perform such other duties as may be prescribed
by this Charter or required of him by ordinance or resolution of The
Commissioners.
(i)Â
The City Manager and such other officers of the City as may be designated
by vote of The Commissioners shall be entitled to seats in the meetings
of The Commissioners but shall have no vote therein.
(j)Â
The City Manager shall have charge of the light, water, sewer, gas,
or other public utility system or plant or plants of the City. He
shall have charge of the supervision of street, gutters, curbs, sidewalks,
boardwalk, jetties, piers, parks and other administrative affairs
of the City and of all work relating thereto. He shall have charge
of and shall collect all taxes, assessments, rentals, license fees,
or other charges due the City. He shall have charge of the administration
of all provisions of this Charter, and ordinances and resolutions
of The Commissioners relating to the affairs of the City, when not
otherwise provided for by this Charter, or by any ordinance or resolution
of The Commissioners. He shall pay over to the City Treasurer, at
least monthly, as hereinbefore provided, and oftener if required by
The Commissioners, all monies received or collected by him and by
any employee under him.
(k)Â
He shall keep a full and strict account of all monies received and
all disbursements by him and such account shall, at all times, be
open to inspection by The Commissioners.
(l)Â
He shall give The Commissioners of Rehoboth Beach a Bond, if required
by that body, in such sum and in form and with security satisfactory
to that body for the faithful performance of the duties of his office
and the restoration to The Commissioners of Rehoboth Beach, in case
of his death, resignation or removal from office, of all books, papers,
vouchers, money and other property of whatever kind in his possession
belonging to the City.
(m)Â
In the event of a vacancy in the office of City Manager for any reason
or reasons whatsoever, the duly appointed and qualified successor
to that office shall succeed to all the rights, privileges and powers
theretofore reposed in his predecessor or predecessors in office in
the same manner as though all acts, deeds and steps theretofore taken
by any such predecessor or predecessors with respect to any matter
or thing pertaining to said office had been taken or performed by
the successor to such office.
a)Â
Three
auditors of accounts, who may or may not be residents, but who shall
be substantial free holders of The City, shall be appointed by The
Commissioners at each annual meeting hereinbefore provided to serve
for the term of one year or until their successors shall have been
duly appointed and qualified.
b)Â
It
shall be their duty to audit the accounts of The City and all of its
officers whose duty involves the collection, custody and payment of
monies to The City. They shall audit the books of the Mayor of The
City of Rehoboth Beach, and the records of all fines, penalties and
costs imposed or collected by him pursuant by any judgment, order,
or decree made. The auditors on or before the fifteenth day of September,
annually, next following their appointment, shall make and deliver
a detailed report of every and all accounts, records, and books by
them examined and audited, which report under their hands and seals
shall be printed in a newspaper published in The City in the issue
immediately succeeding their annual report. The auditors, in the performance
of their duties, shall have access to all records and accounts of
the offices of The Commissioners and they are authorized and empowered
to employ such clerks and accountants as in their judgment may be
necessary in the proper performance of their duties at such compensation
as may be determined by The Commissioners.
[1]
Editor's Note: This section was amended by the General
Assembly by 2006 Del. Laws Ch. 383, approved by the Governor 7-6-2006.
The Commissioners shall select and appoint a City Solicitor
for an indefinite term who shall be removable at the pleasure of The
Commissioners of Rehoboth Beach either with or without due cause stated.
The City Solicitor shall be a member in good standing of the Bar of
the State of Delaware. It shall be his duty to give legal advice to
The Commissioners and other offices of The City and to perform other
legal services as may be required of him by The Commissioners.
[1]
Editor's Note: This section was amended by the General
Assembly by 2006 Del. Laws Ch. 383, approved by the Governor 7-6-2006.
(a)Â
The Mayor and Commissioners of the City of Rehoboth Beach shall appoint
the Board of Elections members for a term of three (3) years. However,
initial appointments shall consist of one (1) person with an appointment
for one (1) year, one (1) person with an appointment for two (2) years,
and one (1) person with an appointment for three (3) years. The Board
of Elections shall consist of any odd number of members, but shall
not be less than three (3) members. All members of the Board of Elections
shall meet the appointment qualifications as specified in 15 Del.
C. § 7501 et seq.
(b)Â
Board of Elections appointees shall be sworn or affirmed by the Alderman
of the City of Rehoboth Beach, the Mayor of the City of Rehoboth Beach,
or a Justice of the Peace. Confirmation of a member of the Board of
Elections shall have that member swear or affirm both orally and in
writing the oath specified in 15 Del. C. § 7501 et seq.
(c)Â
It shall be the duty of members of the Board of Elections, as empowered
by 15 Del. C. § 7501 et seq. and the ordinances of the City,
to perform prescribed duties with fidelity and without favor or electioneering
to accomplish the proper conduct of municipal candidate elections
within the City of Rehoboth Beach.
(d)Â
Any member of the Board of Elections may be removed from office for
cause after a public hearing by a majority vote of the Commissioners
of Rehoboth Beach.
(e)Â
Any and all aspects of process and procedures with regard to the
Board of Elections shall be consistent with the Delaware Freedom of
Information Act, 29 Del. C. § 10001 et seq.
[1]
Editor's Note: Former § 20, Board
of Health, was repealed by the General Assembly by 2006 Del. Laws
Ch. 383, approved by the Governor 7-6-2006. This § 20, Board of Elections was added by the General Assembly by 2007
Del. Laws Ch. 61, approved by the Governor 6-28-2007.
(a)Â
The Commissioners shall, from time to time, make rules and regulations
as may be necessary for the organization, government and control of
the Police Force. They shall preserve peace and order and shall compel
obedience within the limits of the City to the ordinances of the City
and the laws of the State of Delaware. They shall have such other
duties as the Commissioners shall from time to time presecribe.[2] The Chief of Police and the members of the Police Force
shall be subject to the direction of the City Manager acting on behalf
of the Commissioners.
[2]
Editor's Note: So in original. It appears that "presecribe"
should be "prescribe."
(b)Â
Each member of the Police Force shall be vested within the limits
of the City with the enforcement of the laws of the State of Delaware
and the ordinances of its City and in the case of the pursuit of an
offender the power and authority of the Police Force shall be without
territorial limitations. Each member of the Police Force shall have
the power of arrest for a violation of the laws of this State or of
an ordinance of the City when committed within the jurisdiction of
the City.
(c)Â
Every person sentenced to imprisonment by the Alderman or the Assistant
Alderman of the City or by a Justice of the Peace shall be delivered
to the proper authorities at the Department of Correction as directed
by the Alderman or the Assistant Alderman or by a Justice of the Peace.
(d)Â
It shall be the duty of the Police Force to suppress riotous, disorderly
or turbulent assemblages of persons in the streets of the City or
the noisy conduct of any person in the same, and upon view of the
above or upon view of the violation of any ordinance of the City relating
to the peace and good order of, any member of the Police Force shall
have the right and power to arrest without warrant.
(e)Â
The Rehoboth Beach Patrol shall be composed of a Captain of the Beach
Patrol and such other members or subordinates as the City Manager
may from time to time deem necessary.[3]
[3]
Editor's Note: This subsection was amended by the General
Assembly by 2021 Del. Laws, Ch. 165, approved by the Governor 9-15-2021.
(f)Â
The City Manager, acting on behalf of the Commissioners. shall have
the power to establish rules and regulations covering the qualifications
of members of the Beach Patrol; provided, however, each member of
the Beach Patrol shall obtain a lifeguard certification from the American
Red Cross or United States Lifesaving Association or pass a test substantially
equal to such certification.[4]
[4]
Editor's Note: This subsection was amended by the General
Assembly by 2021 Del. Laws, Ch. 165, approved by the Governor 9-15-2021.
(g)Â
The Captain of the Beach Patrol shall be under the direct control
of the City Manager, or such other employee of the City that the City
Manager may designate; provided, however, that in cases of emergency
members of the Rehoboth Beach Patrol may be called upon the Chief
of the Police Force to assist the members of the Police Force in the
performance of their duties.[5]
[5]
Editor's Note: This subsection was amended by the General
Assembly by 2021 Del. Laws, Ch. 165, approved by the Governor 9-15-2021.
Additionally, said chapter repealed former Subsection (i), which immediately
followed this subsection.
(h)Â
The Rehoboth Beach Patrol shall be in direct charge of the preservation
of human life along the beachfront of the City. The Beach Patrol shall
suppress careless, dangerous or unseemly conduct by individuals along
the beachfront of the City. They shall enforce regulatory measures
adopted by the Commissioners and shall have such other duties as the
City Manager or the City Manager's designee shall, from time
to time, prescribe.
[1]
Editor's Note: This section was amended by House Bill
No. 154 enacted by the 132nd General Assembly and signed by the Governor
6-29-1983.
(a)Â
Appointment. An Alderman or Assistant Alderman shall be recommended
by the City, appointed by the Governor and confirmed by the Delaware
State Senate. Once confirmed the Alderman or Assistant Alderman shall
be sworn into office by the Mayor and evidence of his or her appointment
shall be recorded at the Recorder of Deeds in Sussex County.
(b)Â
Appointment and Reappointment Nomination. When a vacancy occurs the
Commissioners of Rehoboth Beach shall, by majority vote, submit one
or more qualified candidates and the application(s) and supporting
documentation to the Governor for consideration of appointment. Not
less than thirty (30) days prior to the expiration date of an Alderman's
or Assistant Alderman's term, the Commissioners of Rehoboth Beach
shall, by majority vote, determine whether or not to recommend reappointment
of the Alderman or Assistant Alderman for an additional term. The
City shall submit a letter of recommendation to the Governor for consideration
of reappointment, or alternatively, as written recommendation of one
or more qualified candidates along with their applications and supporting
documentation to the Governor for consideration of appointment.
(c)Â
Term of Office. The Alderman and Assistant Alderman shall serve a
two-year term and shall remain in office until either reappointed
or a successor is duly qualified.
(d)Â
Removal. An Alderman or Assistant Alderman may be censured or removed
subject to the provisions of Article IV, Section 37 of the Delaware
Constitution of 1897 and the Rules of the Court on the Judiciary.
An Alderman or Assistant Alderman may also be replaced upon expiration
of a term following Senate confirmation of a new Alderman or Assistant
Alderman.
If any Alderman or Assistant Alderman has been removed from
office by Senate confirmation of a new nominee or by action of the
Court on the Judiciary, he or she shall within five (5) days of the
Senate confirmation or Court on the Judiciary action, deliver to the
Mayor all the books and papers belonging to the City, and shall within
five (5) days pay over to the Treasurer all moneys in his or her hands.
Immediately after the receipt of the books and papers belonging to
the office of either the Alderman or Assistant Alderman, the Mayor
may require the auditor of the City to make an audit of the books
and papers of the official who has been replaced. Upon the neglect
or failure to deliver all the books and papers to the Mayor within
the time specified by this Charter, or to pay over all of the moneys
to the Treasurer within the time specified, the Alderman or Assistant
Alderman so replaced shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than Twenty-five Dollars
($25) nor more than One Hundred Dollars ($100) for each day that he
or she fails to deliver the books and papers to the Mayor or to pay
over all moneys to the Treasurer.
(e)Â
Vacancy. In the absence of the Alderman or when a vacancy occurs
in the office of Alderman, the Assistant Alderman shall exercise all
the powers, duties, and responsibilities of the Alderman as set forth
in this Charter. When a vacancy occurs for an Alderman and there is
no Assistant Alderman to act as Alderman, and the Delaware State Senate
is recessed for more than six (6) weeks, the City may elect to have
a retired Magistrate act as Alderman pending confirmation of a nominee
with the Delaware State Senate. Such retired Magistrate must meet
the appointment qualifications of 10 Del. C. § 9211(a) to
serve in such capacity, and shall receive such compensation as may
be established by the Commissioners of Rehoboth Beach. A retired Magistrate
acting as Alderman shall have all powers duties, and responsibilities
of the Alderman as set forth in this Charter.
(f)Â
Qualifications. Any person appointed to serve as Alderman or Assistant
Alderman shall be at least twenty-one (21) years of age, a United
States citizen, of good character and reputation shall reside within
Sussex County, and shall not be a Commissioner or otherwise an officer
or employee of the City of Rehoboth Beach.
(g)Â
Oath of Office. Within fourteen (14) days of Senate confirmation
the Alderman or Assistant Alderman shall be sworn or affirmed by the
Mayor to perform the duties of office honestly, faithfully, diligently
and to uphold and enforce the Charter of the City of Rehoboth Beach
and ordinances duly enacted by the Commissioners of Rehoboth Beach.
(h)Â
Duties. It shall be the duty of the Alderman and Assistant Alderman
to adjudicate actions brought under any ordinances legally enacted
or established by the government of the City and to carry into effect
all legally binding orders and directions of the Commissioners of
Rehoboth Beach made pursuant to any law of this State or its Constitution.
In carrying out the duties of the office an Alderman or Assistant
Alderman shall comply with the ethical responsibilities required of
Aldermen in this State and shall operate the court in accordance with
the Criminal Rules of Procedure for the Alderman and Mayor Courts
of the State of Delaware.
(i)Â
Compensation. The compensation of the Alderman and Assistant Alderman
shall be fixed by the Commissioners of Rehoboth Beach and approved
in conjunction with the Commissioner's adoption of the City operating
budget. If no change is proposed and approved by the Commissioners
of Rehoboth Beach, the previously established compensation rate shall
continue in effect until revised by a majority vote of the Commissioners
of Rehoboth Beach. Such compensation shall not be contingent upon
or related to the amount of any civil or penal fines imposed or collected
through the Alderman Court and shall not be reduced during the term
of office.
(j)Â
Alderman's Docket. The Commissioners of Rehoboth Beach shall
procure suitable records for the use of the Alderman and the Assistant
Alderman. Such records shall be known as the "Alderman's Docket."
The Alderman and Assistant Alderman shall record all official acts
and proceedings in the Alderman's Docket. All criminal matters
but not civil matters, shall be entered into the Delaware Criminal
Justice Information System (DELJIS) as required by law.
(k)Â
Jurisdiction. The Alderman and Assistant Alderman shall have jurisdiction
and cognizance of all breaches of the peace, offenses and violations
of any civil or criminal ordinance of the City committed within the
corporate limits of the City of Rehoboth Beach. As to such offenses
or violations over which they are given jurisdiction by this Charter
or by any other law of the State of Delaware, the Alderman and Assistant
Alderman shall be authorized and empowered to hold for bail, set bail,
impose fines, or imprison, for each offense or violation in accordance
with the penalties provided by this Charter, by any City Ordinance
enacted hereunder, or as provided by any law of the State of Delaware,
provided, however that the maximum fine which the Alderman or Assistant
Alderman may impose shall never exceed the limits established by this
Charter.
(l)Â
Civil and Criminal Penalties; Costs. Neither the Alderman or the
Assistant Alderman shall impose any penalty in excess of the penalties
established in this Charter for adjudicated offenses exclusive of
costs nor imprison any offender for more than thirty (30) days or
both, except as otherwise specifically provided in this Charter or
by state statute; but the Alderman and Assistant Alderman may, in
addition to any other fine or term of imprisonment permitted to be
assessed or imposed, impose and collect such costs as are set by ordinance
by the Commissioners of Rehoboth Beach.
(m)Â
Monthly Report to Commissioners. The Alderman and Assistant Alderman
shall prepare and submit a written monthly report to the Commissioners
of Rehoboth Beach reporting all fines and penalties imposed during
the preceding calendar month and shall pay to the Treasurer of the
City all such fines and penalties at such times as the Commissioners
of Rehoboth Beach shall direct. Neither the Commissioners of Rehoboth
Beach nor the Mayor may establish or communicate an expected revenue
budget for the Alderman Court apart from the adoption of the annual
City Budget.
(n)Â
Alderman Court Facilities and Staff. The City of Rehoboth Beach shall
provide adequate and appropriate facilities and staff to facilitate
the independent judicial operations of the Alderman Court. Facilities
shall be separate from conflicting city operations including but not
limited to police agency functions. The city may house the Alderman
Court in a common municipal building, so long as the Alderman's
Court is provided space physically separate from other town junctions
and is further situated in such a manner to foster public confidence
in the independence of the Court. Likewise, staff assigned to the
Court shall not be shared with conflicting city government operations.
[1]
Editor's Note: This section was amended 12-28-1967 by
56 Del. Laws, c. 194; 6-18-1973 by 59 Del. Laws, c. 78; 6-29-1983
by 64 Del. Laws, c. 83; 7-6-1995 by 70 Del. Laws, c. 127; 6-20-2013
by 79 Del. Laws, c. 49.
a.Â
The
Commissioners of Rehoboth Beach shall appoint a qualified person or
firm to serve as Tax Assessor. Such person or firm shall serve until
a new person or firm has been duly appointed by the Commissioners.
b.Â
No
person or firm shall be appointed as the Tax Assessor of the City
of Rehoboth Beach who is not fully qualified under the regulations
and Code of the State of Delaware to perform real estate tax assessments.
c.Â
It
shall be the Tax Assessor's duty to make a fair and impartial
assessment of property subject to taxation situated within the City
and to perform such other duties in reference thereto as shall be
prescribed, from time to time, by The Commissioners of Rehoboth Beach.
[1]
Editor's Note: This section was amended 8-1-2014 by 79
Del. Laws, c. 383.
a.Â
The
Tax Assessor shall, prior to the first Monday in March, make a just,
true and impartial annual valuation or assessment of all real estate
and of all improvements having a valuation of at least One Thousand
Dollars ($1,000.00) located on land which has been leased under a
valid lease for a term of at least ten (10) years and which lease
has been recorded in the Office of the Recorder of Deeds, in and for
Sussex County, located within The City of Rehoboth Beach. In making
such assessment, the rules and exemptions now applicable by law to
the making of the County Assessment of persons and properties shall
be applicable insofar as consistent with the provisions of this Charter.
All real estate and all improvements located on land under a valid
lease, as aforesaid, shall be described with sufficient particularity
to be identified. Real estate shall be assessed to the owner or owners
if he or they be known. All improvements located on land under a valid
lease, as aforesaid, shall be assessed to the leaseholder. If the
owner or owners of real estate cannot be found or ascertained, it
may be assessed to "Owner Unknown". A mistake in the name of the owner
or owners, or a wrong name, or an assessment to "Owner Unknown," shall
not affect the validity of the assessment of any municipal tax or
assessment based thereon; provided, the assessment shall specify the
last record owner or owners thereof as the same shall appear from
the records in the Office of the Recorder of Deeds of Sussex County
at Georgetown, Delaware.
b.Â
The
Tax Assessor shall in a timely manner send by first-class mail a written
notice to any property owner whose assessment is changed indicating
the new valuation placed thereon.
c.Â
The
Tax Assessor, after making such annual assessment, shall, on the first
Monday of March, aforesaid, deliver to The Commissioners of Rehoboth
Beach a list containing the names of all persons assessed and the
amount of the assessment against each. They shall also deliver at
such time as many copies of said list as The Commissioners shall direct.
d.Â
The
annual assessment list shall be arranged so that the assessment of
land, the improvements thereon, and any improvements located on lands
under lease as defined herein appear in separate columns or spaces.
All assessments of value made by the Tax Assessor shall be made accordingly.
e.Â
Any
real property owned in whole or in part by a Tax Assessor or a member
of a Tax Assessor's immediate family, if an individual, shall
be assessed by the Commissioners of Rehoboth Beach. Any real property
owned in whole or in part by an owner or employee of the Tax Assessor
or a member of their immediate family, if a firm, shall be assessed
by the Commissioners of Rehoboth Beach.
f.Â
Immediately
upon receiving the annual assessment list from the Tax Assessor, the
Commissioners of Rehoboth Beach shall cause a full and complete alphabetically
arranged copy of the same, containing the amount assessed to each
taxable to be posted in City Hall in the City of Rehoboth Beach, and
there it shall remain for a period of at least ten days for the information
of and examination by all concerned. Appended thereto and also in
five or more public places in said City shall be posted notices advising
all concerned that any property owner or leaseholder who desires to
appeal their assessment shall file an appeal, in writing, with the
City Manager of the City of Rehoboth Beach stating the reason or reasons
therefor not later than a certain day mentioned therein which date
shall not be earlier than ten days after the date of posting the true
and correct copy of the annual assessment list.
g.Â
At
the first regular meeting of the Commissioners of the City of Rehoboth
Beach following the expiration of the time set for filing an appeal,
the Commissioners of Rehoboth Beach will fix a time and date when
the Commissioners of Rehoboth Beach will sit as a Board of Appeals
to hear appeals timely filed in writing taken from the said annual
assessment as determined by the Tax Assessor. Any person taking an
appeal before the Commissioners of the City of Rehoboth Beach sitting
as a Board of Appeals may appear in person or may be represented by
any third party who has written authorization to so appear. The decision
of the Commissioners of Rehoboth Beach sitting as a Board of Appeals
shall be final and conclusive unless an appeal is taken to the Superior
Court of the State of Delaware, in and for Sussex County, within ten
days from the date of the said hearing, and the Commissioners of Rehoboth
Beach shall revise and complete said assessment at this sitting.
h.Â
No
Commissioner shall sit as a member of the Board of Appeals upon his
own appeal, but the appeal by any Commissioner of the City of Rehoboth
Beach shall be heard and determined by the other members of the Board
of Appeals in the same manner as hereinbefore provided.
i.Â
The
Tax Assessor shall be present on the day fixed for hearing appeals
and shall furnish to the Commissioners such information and answer
such questions as the Commissioners may require in respect to any
assessment from which an appeal has been taken. The Commissioners
shall have authority to enforce the attendance of the Tax Assessor
by appropriate process.
[1]
Editor's Note: This section was amended 7-5-1967 by 56
Del. Laws, c. 61; 7-22-1976 by 60 Del. Laws, c. 622; 8-1-2014 by 79
Del. Laws, c. 383.
a.Â
In
addition to the annual assessment provided for herein, the City Manager
may, at the City Manager's option, direct the Tax Assessor to
prepare a quarterly supplemental list for the purpose of adding property
not included on the last assessment or increasing the assessed value
of property which was included on the last assessment. The supplemental
list may be used to correct errors on the prior assessment rolls and
to remove or modify any exemption from taxation applicable to property
in the City.
b.Â
Such
supplemental list shall be prepared quarterly in each tax year. The
first such supplemental list shall be certified on July 1 of each
year; the second on October 1 of each year; the third on January 1
of each year; and the fourth on April 1 of each year.
c.Â
On
the date of certification of a supplemental list, the property owners
listed thereon shall be liable to pay taxes equal to the assessed
value of the property multiplied by the tax rates for the then current
tax year applicable to the property, reduced by 25% where the property
is listed on the second supplemental assessment roll; by 50% where
the property is listed on the third supplemental assessment roll;
and by 75% where the property is listed on the fourth supplemental
assessment roll; and the amount of such tax shall be and remain a
lien on such property from the time of its certification. In the collection
of said taxes, before the first day of the second month after certification,
there shall be no penalty. On all taxes paid after the first day of
the second month after certification, a penalty at the rate of one
and one-half percent (1Â 1/2%) shall be added until the same shall
have been paid. All taxes unpaid after the first day of the second
month after certification shall be considered delinquent. In effecting
collection of any delinquent tax, the Commissioners of the City of
Rehoboth Beach may impose a collection charge not to exceed eighteen
percent (18%) of the amount of the tax and any penalty imposed thereon.
d.Â
Appeals
shall be made to the Board of Appeals as provided in Sections 23(f)
through (i). In no case shall the supplemental assessment procedure
be employed to impose taxes retroactively.
[1]
Editor's Note: This section was added 8-1-2014 by 79
Del. Laws, c. 383.
a.Â
At
the regular meeting in June, after having revised and completed the
assessment, The Commissioners shall determine, to their best judgment
and knowledge, the total amount necessary to be raised by The City
to meet all fixed and anticipated expenses and obligations of The
City, including reasonable and appropriate reserve, for the then current
fiscal year as set forth in the City Budget for such year plus a reasonable
amount to cover unanticipated expenses and emergencies.
b.Â
The
Commissioners shall then proceed to determine, in their sole discretion,
from which sources of the authorized revenues of the City the amount
so 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. The Commissioners shall then proceed
to determine, assess, fix and/or levy;
1.Â
the rate of tax on real estate including improvements thereon per
One Hundred ($100.00) of assessed value and the rate of tax on improvements
per One Hundred ($100.00) of assessed value located on land under
a lease for a period of at least ten (10) years which said lease has
been recorded in the Office of the Recorder of Deeds, in and for Sussex
County; and/or
2.Â
the rate of tax upon all poles, constructions, erections, wires and
appliances more particularly mentioned, or intended so to be in sub-Section
29(a)(32) of this Charter, as amended; and/or
3.Â
the several license fees to be charged for carrying on or conducting
of the several businesses, professions or occupations more particularly
mentioned, or intended so to be, in sub-Section 29(a)(33) of this
Charter, as amended; and/or
4.Â
the several rates to be charged for furnishing water service, sewer
service, electric service, gas service, garbage and refuse collection;
and/or
5.Â
the fees or rates to be charged in respect of any other authorized
source of revenue sufficient in their best 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
3, 4 and 5 aforementioned, may be determined, fixed, assessed, levied
and/or altered or changed upon other than a fiscal year basis and
at any other regular or special meeting of The Commissioners as they
in their own proper discretion shall determine.
c.Â
Immediately
after their regular meeting in June of each and every year, The Commissioners
shall make, or cause to be made, a full, true and correct annual tax
list showing the amount of tax levied against each taxable thereon
from sources 1 and 2 abovementioned. This list shall be known as the
annual tax list of the City of Rehoboth Beach. In addition to the
information contained in the assessment list, it shall likewise contain
information as to the rate of tax upon real estate per $100 of assessed
value thereof.
d.Â
The
Commissioners shall cause to be delivered to the City Manager a duplicate
of said annual tax list, and the City Manager shall immediately proceed
to collect the same as hereinafter provided.
e.Â
Nothing
contained in this Charter shall be construed to effect or impair in
any way the validity of any tax, fee, assessment or other charge lawfully
levied, assessed, or due the City of Rehoboth Beach under existing
laws in reference to said City and the same are hereby declared to
be valid, binding and vested in the City of Rehoboth Beach created
hereby.
[1]
Editor's Note: This section was amended 8-1-2014 by 79
Del. Laws, c. 383.
a.Â
The
City Manager, as soon as The Commissioners shall have placed in his
or her hands the duplicate annual tax list, shall proceed at once
to collect the taxes on said duplicate list.
b.Â
All
taxes so laid or imposed by The Commissioners of Rehoboth Beach in
such annual tax list, shall be and constitute a lien upon all the
real estate together with improvements located thereon and a lien
upon any improvements located on land under lease, as defined herein,
of the taxable 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 situated in The
City of Rehoboth Beach. In the case of a life estate, the interest
of the life tenant shall first be liable for the payment of any taxes
so levied. Such lien shall have preference and priority to all other
such liens on real estate or upon improvements located on land under
lease as prescribed herein created or suffered by said taxable although
such other lien or liens be of a date prior to the time of the attaching
of such lien for taxes; provided that the lien for such City taxes
shall remain a lien for a period of ten years from the date upon which
the Commissioners shall deliver unto the City Manager the tax list
therefor. If such real estate, or improvements located on land under
lease as defined herein, remains the property of such person or persons
who owned it at the time the tax was laid, then the lien shall not
be extinguished until the tax is collected.
c.Â
All
taxes, when and as collected by the City Manager shall be paid to
or deposited to the credit of the City in a banking institution approved
by the Commissioners, and all taxes shall be due and payable at and
from the time of the delivery of the tax list to the City Manager.
d.Â
All
taxes shall be payable at the City Office of the City of Rehoboth
Beach during regular business hours of that office.
e.Â
In
the collection of said taxes, the City Manager shall neither deduct
nor abate any amount from the tax assessment. On all taxes remaining
unpaid on and after the first day of September next following the
mailing of the original tax statement, there shall be added a penalty
of one and one-half percent (1Â 1/2%) per month for each month
or part thereof such taxes shall remain unpaid, said penalty to be
effective on the first day of September, and said penalty shall be
collected in the same manner as the original amount of the tax. The
Commissioners shall have the power to make just allowances for delinquencies
in the collection of taxes. All taxes unpaid on and after the first
day of September shall be considered delinquent. In effecting collection
of any delinquent tax, The Commissioners may impose a collection charge
not to exceed eighteen percent (18%) of the amount of the tax, and
any interest or penalty imposed thereon.
[1]
Editor's Note: This section was amended 5-31-1979 by
62 Del. Laws, c. 50; 4-20-1982 by 63 Del. Laws, c. 225; 6-29-1987
by 66 Del. Laws, c. 60; 8-1-2014 by 79 Del. Laws, c. 383.
[1]
Editor's Note: This section was amended 8-1-2014 by 79
Del. Laws, c. 383.
a.Â
Before
exercising any of the powers hereinafter given for the collection
of taxes, written notice of the amount due shall be sent to the taxable
at his last known address.
b.Â
The
City Manager, when any tax has become delinquent, may, in the name
of the City of Rehoboth Beach institute suit before any Justice of
the Peace or 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 issue Writs of Execution as in case of other
judgments recovered before a Justice of the Peace or other Court,
as the case may be, provided however that, as to any personal property
of the taxable in Sussex County levied upon by the Sheriff within
sixty days after the writ of execution was delivered into his hands,
the lien of judgment shall have priority over all other liens against
such personal property created or suffered by the taxable, except
such liens thereon which may have been created in respect to County
Taxes, although such other liens be of date prior to the time of the
attachment of the said tax liens to the personal property so levied
upon.
c.Â
Should
the City Manager so elect, and without the necessity of first employing
any or all of the other remedies herein provided the City Manager
is authorized and empowered to sell the lands and tenements of the
delinquent taxpayer or the lands and tenements alienated by a delinquent
taxpayer subsequent to the levy of the tax by the following procedure:
The City Manager shall present in the name of the City of Rehoboth
Beach to the Superior Court of the State of Delaware in and for Sussex
County a petition in which shall be stated:
(1)Â
The name of the taxable.
(2)Â
The year for which the tax was levied.
(3)Â
The rate of the tax.
(4)Â
The total amount due.
(5)Â
The date from which the penalty for non-payment, if any, shall commence
and the rate of such penalty.
(6)Â
A short description of the lands and tenements proposed to be sold
sufficient to identify the same.
(7)Â
A statement that a bill of said tax has been mailed to the taxable
at their last known post office address with return receipt requested
by certified mail and postage prepaid, together with a notice that
the City Manager would proceed to sell the lands and tenements of
the taxable for payment of the tax assessment; and the date of such
mailing.
(8)Â
That it has been found impractical to attempt to collect the said
tax by any other remedy hereinbefore provided. The petition shall
be signed by the City Manager and shall be verified before a Notary
Public.
d.Â
At
least ten (10) days prior to the filing of any such petition, the
City Manager shall deposit in the mail, in a sealed and stamped envelope
and addressed to the taxable at his last known address requiring a
registered receipt returnable, an itemized statement of the tax due,
together with all penalties, collection charges, and costs then due
thereon, together with a notice to the delinquent taxpayer that he
or she shall proceed to sell the lands and tenements of the taxable
for the payment of the tax. The City Manager shall exhibit the return
registry receipt to the Court by filing the same with the petition;
provided, however, that if the taxpayer cannot be found, or if delivery
is refused, it shall be sufficient for the City Manager to file with
said petition the evidence that such statement has been mailed in
accordance with this subsection and has been returned.
e.Â
Upon
the filing of the petition, the Prothonotary shall record the same
in a properly indexed record of the Court and shall endorse upon said
record of said petition, the following:
"This petition filed the day of —  —  —  —  —  —  —  — A.
D. —  —  —  —  —  —  —  — -
(giving the day and year The City Manager of the City of Rehoboth
Beach is hereby authorized to proceed to sell the lands and tenements
herein mentioned or a sufficient part thereof, for the payment of
the amount due". The endorsement shall be signed by the Prothonotary.
f.Â
The
City Manager shall then proceed to advertise the lands and tenements
of the taxable by posting handbills in at least five (5) public places
in the City of Rehoboth Beach (one of which shall be posted on the
premises) and publishing the notice of said sale in a newspaper published
in Sussex County. The notice shall contain the day, hour and place
of sale and a short description of the premises sufficient to identify
the same. The notice shall be posted at least ten (10) days before
the day fixed for sale and shall be published in the newspaper at
least one week before the day of sale.
g.Â
Each
sale of lands and tenements shall be returned to the Superior Court,
aforesaid, at the next Motion Day thereof following the sale, and
the Court shall inquire into the circumstances and either approve
or set aside the sale. No sale shall be approved by the Court if the
owner be ready at the Court to pay the taxes, penalty, collection
fees, and costs. If it set aside the sale, the Court may order another
sale and so on until the tax is collected. If the sale be approved,
the City Manager making the sale shall make a deed to the purchaser
which shall convey the right, title, and interest of the delinquent
taxpayer or his alienee; provided, however, that no deed shall be
delivered to the purchaser until the expiration of one year from the
date of the sale within which time the taxpayer or his alienee, heirs,
executors, administrators, or assigns, shall have the power to redeem
the lands on payment to the purchaser, his personal representatives
or assigns, the costs, the amount of the purchase price, plus twenty
percent and the expense of having the deed prepared. All taxes assessed
after the sale and before the delivery of the deed shall be paid by
the purchaser at said sale who shall be reimbursed by the delinquent
taxpayer in the event of redemption to which shall be added twenty
percent thereon.
In the event the purchaser refuses to accept the same, or in
the event he or she, their heirs or assigns, cannot be located within
the State of Delaware, it shall be lawful for the owner, their heirs,
executors, administrator, and assigns, to pay the redemption money
to the City Manager of Rehoboth Beach and upon obtaining from him
or her a receipt therefore, such receipt shall be considered for all
intents and purposes a valid and lawful exercise of the power to redeem
the land so sold.
In the event the lands have not been redeemed within the redemption
year, the City Manager shall deliver to the purchaser, their heirs,
executors, administrator, or assigns, a deed which shall convey the
title of the taxable or assessee.
The petition, return and deed shall be presumptive evidence
of the regularity of the proceeding.
h.Â
After
satisfying the tax and the cost and expenses of sale from the proceeds
of the sale, the amount remaining shall be paid to the owner of the
land. Should the owner of the land refuse to accept said residue,
or the owner is unknown or cannot be found the amount remaining shall
be deposited in some bank either to the credit of the owner, or in
a manner by which the fund may be identified.
i.Â
In
the sale of land for the payment of delinquent taxes, the following
costs shall be allowed to be deducted from the proceeds of the Sale,
or chargeable against the owner, as the case may be, in the amount
customarily charged:
(1)Â
To the Prothonotary for filing and recording the petition
(2)Â
For filing and recording the Return of Sale;
(3)Â
To the City Manager for (1) preparing the Certificate, (2) making
the sale of lands, (3) preparing and filing a return, (4) posting
sale bills. In addition, the costs of printing handbills, the publication
of the advertisement of sale in a newspaper, and the auctioneer's
fee, if any, shall be chargeable as costs. The costs of the deed shall
not be chargeable as, costs, but shall be paid by the purchaser of
the property of the delinquent taxpayer. The total of any Delaware
transfer tax shall be paid by the purchaser of said lands at the tax
sale.
j.Â
If
the owner of any lands and tenements against which a tax shall be
levied and assessed shall be unknown, this fact shall be stated in
the advertisement of sale and in the Petition to the Court.
k.Â
If
any person is assessed for several parcels of land and tenements in
the same assessment, the total of said taxes may be collected from
the sale of any part or portion of said lands and tenements.
l.Â
In
the event of death, resignation or removal from office of the City
Manager of the City of Rehoboth Beach before the proceedings for the
sale of lands shall have been completed, their successor in office
shall succeed to all of their powers, rights, and duties in respect
to said sale. In the event of the death of the purchaser of said sale
prior to their receiving a deed for the property purchased thereat,
the person having right under them by consent, devise, assignment,
or otherwise, may refer to the Superior Court of the State of Delaware,
in and for Sussex County, a petition representing the facts and praying
for an order authorizing and requiring the City Manager to execute
and acknowledge a deed conveying to the petitioner the premises so
sold, and thereupon the court may make such order touching the conveyance
of the premises as shall be according to justice and equity.
m.Â
The
City Manager shall have the same right to require the aid or assistance
of any person or persons in the performance of their duty of sale
which the Sheriff of Sussex County now has by law or may hereafter
have.
n.Â
In
addition to all other remedies, methods and authorities for the collection
of taxes, The Commissioners may use the monition method for the collection
of such taxes as established for Sussex County and authority is thereby
established for them to do so.
[1]
Editor's Note: This section was amended 8-1-2014 by 79
Del. Laws, c. 383.
(a)Â
The fiscal year of the City of Rehoboth Beach shall be established
from time to time by resolution adopted by the Commissioners of Rehoboth
Beach.[1]
[1]
Editor's Note: This subsection was amended by House Bill
No. 792 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976.
(b)Â
Annually each year and not later than May 1st, the City Manager shall
prepare a rough draft of a City Budget. From this rough draft The
Commissioners of Rehoboth Beach shall not later than the regular meeting
held in May of each year, prepare the City Budget, containing the
financial plan for conducting the affairs of the City for the ensuing
fiscal year.
(c)Â
The Budget shall contain the following information.
(1)Â
A detailed estimate showing the expense of conducting each department
and office of the City for the ensuing fiscal year.
(2)Â
The value of supplies and materials on hand, together with the nature
and kind of machinery or other implements and the condition thereof.
(3)Â
The amount of the debt of the City, together with a schedule of maturities
of bond issues.
(4)Â
An itemized statement of all other estimated expenses to be incurred
in the affairs of the City.
(5)Â
A statement of the amount required for interest on the bonded debt,
the amount necessary to pay any Bond maturing during the year and
the amount required for the "Sinking Fund" or "Sinking Funds".
(6)Â
An estimate of the amount of money to be received from taxes, assessments,
scrap assessments and all other anticipated income of the City from
any source or sources whatsoever.
(d)Â
The Commissioners shall, so far as possible, adhere to the Budget
so adopted in the making of appropriations.
(a)Â
Not by way of limitation upon the power vested in the Commissioners
to exercise all powers delegated by this Charter to the municipal
corporation of the Commissioners of Rehoboth Beach except as may expressly
appear herein to the contrary, but, rather by way of enumeration and
for purposes of clarity, the Commissioners are vested by this Charter
with the following powers, to be exercised by said the Commissioners
in the interest of good government and the safety, health, and welfare
of the City, its inhabitants and affairs.[1]
(1)Â
To prevent vice, drunkness and immorality.
(2)Â
To provide for and preserve the health, peace, safety, cleanliness,
ornament and good order of the City and its inhabitants.
(3)Â
To prohibit all gaming and fraudulent devices.
(4)Â
To prohibit, restrain, license or regulate all public sports, exhibitions,
shows, parades, productions, circuses or other public performances,
amusements, and games.
(5)Â
To ascertain, locate, lay out, establish, open, change, alter, widen,
abandon, regulate the use and enjoyment of, prevent or remove any
obstruction of, level, grade, flag, dress, macadamize, pave, gravel,
shell, improve, dredge, erect, remove, repair, or replace any new
or present street, highway, lane, alley, watercourse, park, lake,
strand, crosswalk, wharf, dock, sewer, drain, aqueduct or pipe line,
or portion thereof, or any new or present sidewalk, curb or gutter,
or portion thereof, in the City; to specify the grade thereof, the
materials to be used in the doing thereof and the manner in which
the same shall be done; and to enter into contracts or agreements
for the doing thereof, including contracts or agreements with the
State Highway of the State of Delaware for the permanent maintenance,
repair and upkeep of any street, lane, alley, roadway or other highway
within the City.
(6)Â
To regulate or control the observance of the Sabbath Day.
(7)Â
To establish and regulate pounds and to restrain, prohibit and empound
any domestic or wild animal, beast, bird or fowl running at large,
and to authorize the destruction of the same, and to impose taxes
on the owners of dogs.
(8)Â
To locate, regulate, license, restrain or require the removal of
slaughter houses, wash houses, laundries, canning establishment, phosphate,
fish, fertilizer, or manure plants or establishments, swine pens,
privies, water closets, and any businesses or buildings or conditions
detrimental to the public health or constituting a public nuisance
or of an offensive or noxious nature.
(9)Â
To enforce the removal of snow, ice, dirt or other foreign substance
from sidewalks and gutters by owners or abutting owners.
(10)Â
To prohibit, remove, or regulate the erection and maintenance of,
any stoop, step, platform, bay window, cellar door, gate, area, descent,
sign, post, or any other erection or projection in, over, upon or
under any street, highway, alley, lane, watercourse, park, lake, strand,
sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline
of the City.
(11)Â
To define, prevent, abate or remove nuisances, obstructions or any
condition detrimental to the public safety, health or welfare.
(12)Â
To provide an ample supply of pure water for the City and its inhabitants
and to this end to acquire, lease, erect, construct, maintain, operate,
extend, enlarge, renew, replace, control and dispose of wells, reservoirs,
pumps, machines, stations, tanks, standpipes, water mains, fire hydrants
and all other equipment, property or rights used in and about the
collection, storage, purification, conveyance, distribution or sale
of water; to regulate and prescribe for what private or public purposes
the water furnished by the municipal corporation may be used, the
manner of its use, the amounts to be paid by the users thereof, the
means whereby such amounts shall be collected and the fines or penalties,
or both, for any wilful or negligent injury or damage to or interference
with the water system or equipment of the City; to furnish, or refuse
to furnish, water from the City system to places and properties outside
the City limits; and to contract for and purchase water and distribute
same to users within or without the City with the same full powers
as though such water had been initially reduced to usefulness by the
municipal corporation itself. For all purposes of this Charter, the
word "user" when referring to the users of either the public water
system or the public sewer system shall be deemed to mean either the
owner to whom the real estate is assessed or a leaseholder who holds
land under a valid lease for a term of not less than ten (10) years
and whose lease is of record in the Office of the Recorder of Deeds,
in and for Sussex County, and who has erected upon the leasehold an
improvement having an assessed valuation of at least One Thousand
dollars ($1000.00).
(13)Â
To provide, construct, extend, maintain, manage and control a sewer
system and/or a sewage treatment and disposal plant and facilities
for the health, sanitation and convenience of the inhabitants of the
City; to regulate and prescribe for what private or public purposes
the system may be used, the manner of its use, the amounts to be paid
by the users thereof, the means whereby such amounts shall be collected
and the fines or penalties, or both, for any wilful or negligent injury
or damage to, or interference with the said system, plant or facilities;
to furnish or refuse to furnish, sewer disposal service from the City
system to places and properties outside the City limits; in the interest
of the public's health, to compel any and all properties in the
City to be connected to the sewer system of the City; and to contract
for and purchase sewer disposal service and to resell the same to
users within or without the City with the same full powers as though
such service had been initially provided by the facilities therefore
of the municipal corporation itself.
(14)Â
To provide, construct, extend, maintain, manage and control a plant
and system, or plants and systems, for the generating, manufacturing
and distributing of electric current or gas, or both, to the inhabitants
of the City and for lighting the streets, highways, lanes, alleys,
watercourses, parks, lake, strands, sidewalks, crosswalks, wharves,
docks, public buildings or other public places of the City, and to
this end to acquire, lease, erect, construct, maintain, operate, extend,
enlarge, renew, replace, control, and dispose of transmission and
distribution lines, pipes, mains and other conveyances for any such
current or gas as may be necessary properly to light the City, and
to furnish proper connections for electric current and gas to the
properties of the inhabitants of the City who may desire the same;
to regulate and prescribe for what private or public purpose the current
or gas furnished by the municipal corporation may be used, the manner
of its use, the amount to be paid by the users thereof, the means
whereby such amounts shall be collected and the fines or penalties,
or both, for any wilful or negligent injury or damage to or interference
with the electric or gas system or systems of the City; to furnish
or refuse to furnish, electric current or gas from the City's
system or systems to places and properties outside the City limits;
and to contract for and purchase electric current or gas and distribute
the same to user within or without the City with the same full powers
as though such current or gas had been initially reduced to usefulness
by the municipal corporation itself.
(15)Â
To fully control within the City the drainage of all water and, to
that end, to alter or change the course and direction of any natural
water course, runs or rivulet within the City, to regulate, maintain,
clean and keep the same open, clean and unobstructed, and to provide,
construct, extend, maintain, manage and control a surface water drainage
system and facilities for the health, sanitation and convenience of
the inhabitants of the City.
(16)Â
To provide, construct, extend, maintain, manage and control jetties,
bulkheads, embankments, flood gates, piers, boardwalks or fills for
the preservation of any strand or high land within the limits of the
City or contiguous thereto, to the end that the same may be preserved,
property protected and the general public might enjoy the use thereof.
(17)Â
To grant franchises or licenses to any responsible person, firm,
association or corporation, for such period of time, upon such terms,
restrictions, stipulations and conditions and for such considerations
as The Commissioners shall deem wise, to use the present and future
streets, highways, lanes, alleys, watercourses, parks, lakes, strands,
sidewalks, crosswalks, wharves, docks and other public places of the
City for the purpose of furnishing heat, light, power, gas, water,
sewer, drainage, electric current, telephone, telegraph, railroad
excepting railroads or railways engaged in interstate commerce, bus,
taxi, or other transportation, carrier or public service to the City
and to the persons, firms, or corporations residing or located therein
and for the purpose of transmitting the sale from or through the City
to points outside the limits thereof, and for the purpose of electing
wharves and piers, and for the purpose of vending any article of merchandise
or service upon, or from any vehicle upon, any such present and future
street, highway, lane, alley, etc.; provided, that no exclusive franchise
or license shall be granted for any such purpose to any person, firm,
association or corporation whomsoever.
(18)Â
To regulate and control the exercise of any license or franchise
mentioned in Section 29(17) of this Charter or intended so to be.
(19)Â
To direct, regulate and control the planting, rearing, treatment
and preserving of ornamental shade trees in the streets, highways,
avenues, parks and grounds of the City and to authorize or prohibit
the removal or destruction of said trees.
(20)Â
To direct the digging down, draining, filling up, cleaning, cutting
or fencing of lots, tracts, pieces or parcels of ground in the City
which may be deemed dangerous or unwholesome or necessary to carry
out any improvements authorized by this Charter.
(21)Â
To provide for or regulate the numbering of houses and lots on the
streets, and the naming of streets and avenues.
(22)Â
To regulate, control or prevent the use or storage of gunpowder,
fireworks, tar, pitch, resin and all other combustible materials and
the use of candles, lamps and other lights in stores, shops, stables
and other places; to suppress, remove, or secure any fireplace, stove,
chimney, oven, broiler, or other apparatus which may be dangerous
in causing fire.
(23)Â
For the prevention of fire and the preservation of the beauty of
the City, to regulate and control the manner of building or removal
of dwelling houses and other buildings; to establish a code for the
same and to provide for the graning[2] of permits for the same; to establish a building line
for buildings to be erected; zone or district the City and make particular
provisions for particular zones or districts with regard to building
or building materials; and, generally to exercise all the powers and
authorities vested in the legislative body of cities and incorporated
towns under and by virtue of Chapter 179, Revised Code of Delaware,
1935, and all amendments thereto.
[2]
Editor's Note: So in original.
(24)Â
To acquire, build, erect and maintain a suitable place as a lock-up
or jail for the City, which shall be used as a place of detention
for persons convicted of violation of law or ordinance, or for the
detention of persons accused of violation of law or ordinances for
a reasonable time, in cases of necessity, prior to hearing and trial;
and to provide for the restraint, support and employment of paupers,
beggers[3] and vagrants; provided, that the jails of Sussex County
may be used for any such purpose, in which event the City shall pay
for the board of persons committed thereto for violations of ordinances
of the City which are not violations of any general law of the State.
[3]
Editor's Note: So in original.
(25)Â
To acquire, build, erect and maintain buildings and facilities necessary
or required for housing and equipping offices of the City.
(26)Â
To regulate or prevent the use of guns, airguns, spring guns, pistols,
sling shots, beanshooters, and any other devices for discharging missiles
which might cause bodily harm or injury to property; and to regulate
or prevent the use of fireworks, bombs, and detonating works of all
kinds.
(27)Â
To provide for the punishment of a violation of any ordinance of
the City by fine or imprisonment, or both, not exceeding Five Hundred
Dollars ($500.) or sixty (60) days, and for working any person sentenced
to such imprisonment or any person who shall refuse to so work when
ordered.[4]
[4]
Editor's Note: This subsection was amended by Senate
Bill No. 213 enacted by the 138th General Assembly and signed by the
Governor.
(28)Â
To provide for the organization of a fire department and the control
and government thereof; to establish fire limits and do all things
necessary for the prevention or extinguishment of fires; and, in their
discretion, to contribute, donate or give such amounts of money as
they may deem appropriate unto any Volunteer Fire Company or Companies
incorporated under the laws of Delaware, or any Volunteer Fire Association
or Associations maintaining and operating fire fighting equipment
and service to the City; provided that any such contribution, donation
or gift may be made subject to such conditions and stipulations as
to the use thereof as The Commissioners shall deem advisable.[5]
[5]
Editor's Note: The subsection was amended by House Bill
No. 236 enacted by the 133rd General Assembly and signed by the Governor
6-26-1985.
(29)Â
To purchase, take and hold real and personal property when sold for
any delinquent tax, assessment, water rent, electric bill, gas bill,
license fee, tapping fee, charge growing out of abatement of nuisances
and the like, laying out and repairing sidewalks, or other charge
due the City and to sell the same.
(30)Â
To levy and collect taxes for any and all municipal purposes upon
all real estate within the City, except lands belonging to the City;
provided that the amount to be raised from this source shall not exceed
the sum of three million dollars ($3,000,000.00).[6]
[6]
Editor's Note: This subsection was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976; 2006 Del. Laws Ch.
383, approved by the Governor 7-6-2006.
(31)Â
To levy and collect a personal or per capita tax upon all persons
otherwise qualified to vote at any annual municipal election to be
used for any and all municipal purposes and not to exceed the sum
of One Dollar ($1.00) in any one year for each such person.
(32)Â
To levy and collect taxes upon all telephone, telegraph, power poles,
pipe lines, rail lines, or other constructions or erections of a like
character erected within the limits of the City, together with the
wire or other appliances thereto or thereon attached; expressly excepting
all telephone, telegraph, power lines or poles and rail lines owned
or operated by any railroad or railway company engaged in interstate
commerce, for any and all purposes, and to this end may at any time
direct the same to be included in or added to the City Assessment.
In case the owner or lessee of such constructions or erections, wires
or other appliances shall refuse or neglect to pay the taxes levied
thereon, in addition to the remedies for the collection thereof set
forth in Section 27 of this Charter, The Commissioners shall have
authority to cause the same to be removed.
(33)Â
To license, tax and collect fees annually for any and all municipal
purposes (including the cost and expense of advertising the City)
of such various amounts as The Commissioners from time to time shall
fix, from any individual, firm, association or corporation carrying
on or practicing any 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
to apply for a license in order to sell in the City any farm produce
or products grown upon a farm owned by the vendor or any member of
his family with whom he resides.
(34)Â
To determine from which authorized source and in what proportions
taxes shall be levied and used each year to raise the revenue or funds
required to meet the general expenses of the municipal corporation
and all funding, amortization and interest requirements on its outstanding
bonds or other indebtedness.
(35)Â
To provide for the collection of and disbursement of all monies to
which the City may become entitled by law, including licenses and
fines, where no provision for the collection and disbursement thereof
is otherwise provided in the Charter.
(36)Â
To borrow money in the name of the City for any proper municipal
purpose, and in order to secure the payment of the same, to issue
bonds or other kinds or forms of certificate or certificates of indebtedness,
pledging the full faith and credit of the City or such other security
or securities as The Commissioners shall select, for the payment of
the principal thereof and the interest due thereon, all of which bonds
or other kinds or forms of certificates of indebtedness issued by
the City shall be exempt from all State, County or municipal taxes;
provided, that in no event shall the indebtedness of the City, for
any and all purposes, at any one time exceed aggregate seventy-five
million dollars ($75,000,000.00).[7]
[7]
Editor's Note: This subsection was amended by House Bill
No. 154 enacted by the 132nd General Assembly and signed by the Governor
6-29-1983; and by 80 Del. Laws, c. 42.
(37)Â
To acquire, and/or to vacate the use of, lands, tenements, personalty,
property, easements, rights of way, or any interest in property, either
within or without the limits of the City, by way of condemnation and
eminent domain, for any proper and lawful municipal purpose or whenever
required property to carry out, exercise or fulfill any power conferred
upon or delegated to the municipal corporation by the Charter. Proceedings
by way of condemnation in any such case shall be the same as prescribed
hereafter in Section 33 of the 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 33 shall be charged and
modified to cover any case contemplated hereby.
(38)Â
To appropriate money to pay the debts, liabilities and expenditures
of the City, or any part or item thereof, from any fund applicable
thereto, and to transfer temporarily money from one fund to another
fund of the City in case of emergency.
(39)Â
To provide for the payment of any tax, fine, penalty, license, forfeiture,
assessment, fee, charge or other amount due the City by the performance
of labor or service for the City by any person owing the same.
(40)Â
To inquire into and investigate the conduct of any office, officer,
agent, or employee of the City or any municipal affair and for any
such purpose or purposes may subpoena witnesses, administer oaths
or affirmations, and compel the attendance of witnesses and production
of books, papers or other evidence by summary process.
(41)Â
To make, adopt and establish all such ordinances, regulations, rules
and by-laws, not contrary to the laws of this State and the United
States, as The Commissioners may deem necessary to carry into effect
any of the provisions of this Charter or any other law of the State
relating generally to municipal corporations or which they may deem
proper and necessary for the good government of the City, the protection
and preservation of persons and property and of the public health
and welfare of the City and its inhabitants; provided, that any ordinance
relating to the public health of the City and its inhabitants, or
designed to prevent the introduction or spread of infectious or contagious
diseases, or to prevent nuisances affecting the same shall apply not
only within the corporate limits of the City but as well to all areas
and persons outside the City within one mile from said limits.
(42)Â
To establish, by ordinance duly adopted in accordance with this Charter,
a pension plan or a health and welfare plan, or both, for the employees
of The City under such terms and conditions as The Commissioners,
in their discretion, deem most appropriate, provided that the method
of funding may, if deemed advisable by The Commissioners, be accomplished
through an insurance company licensed by the State of Delaware or
authorized to do business in this State and approved by a majority
of The Commissioners.[8]
[8]
Editor's Note: This subsection was amended by the General
Assembly by 2006 Del. Laws Ch. 383, approved by the Governor 7-6-2006.
(43)Â
To borrow money in anticipation of revenues on the full faith and
credit of The City of Rehoboth Beach sum or sums not exceedong[9] One Million Dollars ($1,000,000.) in any one year when,
in the opinion of a majority of the Commissioners of Rehoboth Beach,
the needs of The City require it. Any sum so borrowed shall be secured
by promissory notes of The City of Rehoboth Beach duly authorized
by a Resolution adopted by the Commissioners of Rehoboth Beach and
signed by the Mayor of The City of Rehoboth Beach and attested by
the Secretary of the Commissioners of Rehoboth Beach with the corporate
seal affixed and no officer or Commissioner shall be liable for the
payments of such notes because it is signed by them as officers of
The City and is authorized by the Resolution of the Commissioners
of Rehoboth Beach; PROVIDED HOWEVER, that the total sum outstanding
at any one time shall not exceed One Million Dollars ($1,000,000.);
AND PROVIDED FURTHER, that any sum of money so borrowed, as aforesaid,
in any fiscal year shall be paid from the general fund of The City
and shall be completely repaid at any time but must be completely
paid at the end of ten (10) fiscal years following the first fiscal
year when said sum or sums were borrowed with interest thereon; AND
PROVIDED FURTHER, that such as valorem taxes shall be levied as are
necessary to pay the principal of and interest on said bonds as is
required without regard to any other limitation concerning the maximum
rate of taxation and such notes and the interest thereon shall be
exempt from all taxation by the State of Delaware or by any political
subdivision, agency or subdivision thereof.[10]
(44)Â
To impose and collect a lodging tax of no more than 3% of the rent,
in addition to the amount imposed by the State, for the occupancy
of any room or rooms in a hotel, motel, or tourist home which is located
within the boundaries of the City, under Chapter 61 of Title 30 of
the Delaware Code.[11]
[11]
Editor's Note: This subsection was added 7-17-2019 by
82 Del. Laws, c. 105.
[1]
Editor's Note: This subsection was amended 7-17-2019
by 82 Del. Laws, c. 105.
(a)Â
For purposes of this section, the term "city officers and employees"
shall include the Mayor and the Commissioners of the City of Rehoboth
Beach, all appointed officers and all employees of the City of Rehoboth
Beach.
(b)Â
The city solicitor shall undertake the representation or defense
without charge of any city officer or employee in a civil action arising
out of or related to the performance by said officer or employee of
his public duties; or, may undertake the representation or defense
without charge of any city officer or employee in a criminal action
arising from performance of his duties and which action does not allege
official misconduct, profiteering, bribery, receiving unlawful gratuities,
improper influence or other use of his office or employment. An officer
or employee may select his or her attorney with the concurrence of
the city solicitor and the Commissioners.
(c)Â
An officer or employee who is held liable for the payment of any
claims arising out of a civil action, or settlements, judgments, expenses,
costs and awards of attorneys fees arising therefrom, shall be entitled
to indemnification therefor from the City where the claim shall have
been determined by the city solicitor, subject to the approval of
the Commissioners, to have resulted from activities; which:
(2)Â
Where done in the reasonable belief that such activities were in
the best interest of the City, and in the furtherance of the official
practices and policies of the City; and
(3)Â
Were within the scope of authority of the person so acting; and
(4)Â
Were within the course of employment of the person so acting; and
(5)Â
Were not wilful, malicious or wanton.
(d)Â
In addition to the City's obligation to indemnify City officers
and employees, the City Manager on behalf of the City is hereby authorized
to enter into contracts of insurance for the indemnification of City
officers and employees who are determined to be entitled thereto in
accordance with subparagraph (c) of this section, or for such broader
coverage as he deems advisable.
(e)Â
The Commissioners may, upon resolution, authorize the payment of legal fees incurred by a City employee for representation in a criminal action, if the charge arose out of or in the course of City employment. The Commissioners shall review an application for reimbursement based upon the criteria set forth in subsection (c). In no event shall any payment under this section be authorized where the employee has been found guilty of, after trial and any appeal, or has entered a plea of guilty or nolle contendere[3] to a crime involving a breach of public trust.
[3]
Editor's Note: So in original. It appears that "nolle
contendere" should be "nolo contendere."
[1]
Editor's Note: This section was added by House Bill No.
731 enacted by the 133rd General Assembly and signed by the Governor
7-3-1986.
a.Â
In
the collection of charges due the City including but not limited to
rents, gross receipts taxes, water rentals, sewer service charges,
electric bills, gas bills, license fees, tapping fees, front foot
assessments, charges growing out of abatement of nuisances, laying
out and repairing paving, graveling, curbing, or any of them, shall
become a first lien against all real estate of the delinquent property
owners situated within the City and such charges shall have preference
and priority for a period of ten years from the date the charge became
due and owing to all other liens on real estate created or suffered
by the taxable and property owner, although such other lien or liens
be of a date prior to the time for the attaching of such liens for
such charges.
b.Â
The
authorities, remedies, and powers available to the City Manager for
the collection of such charges shall be the same as those set forth
in this Charter for the collection of delinquent taxes.
[1]
Editor's Note: This section was amended 8-1-2014 by 79
Del. Laws, c. 383.
a)Â
In
addition to the power to impose fines and penalties for the maintenance
of obstructions, nuisances, and unsanitary conditions, as those terms
should be defined by The Commissioners if The Commissioners either
upon their own inspection or upon information obtained from the Board
of Health, City Manager or Police Force, shall deem that such obstruction,
nuisances, or unsanitary condition ought to be removed or abated as
the case may be. The Commissioners shall enact an ordinance or adopt
a resolution, or both, to that effect and thereupon shall direct the
Secretary to forward, to the person or persons continuing or causing
such obstruction, nuisances, or unsanitary conditions, or to the person
or persons who are responsible for its existence or continuance, by
the mails of the United States, in a sealed wrapper addressed to his
or their last and best known post office address, a notice to remove
or abate the same. If such person or persons refuse or neglect, for
the space of five days after such notice is mailed, to remove or abate
the same. The Commissioners shall issue a warrant in the name of The
Commissioners of Rehoboth Beach under the hand of its President, who
shall affix thereto the corporate seal, attested by the Secretary
and directed to the City Manager. The warrant shall command him forthwith
to remove or abate such obstruction, nuisance, or unsanitary condition.
The City Manager shall forthwith proceed to remove or abate the same
and, to that end, he shall have full power and authority to enter
into and upon any lands and premises in the City. He shall likewise
have the authority to take with him such assistants, implements, horses,
carts, wagons, automobiles, trucks 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 obstruction, nuisance, or unsanitary
condition.
b)Â
At
the regular monthly meeting of The Commissioners next succeeding the
delivery of the warrant to him, the City Manager shall make a return
to The Commissioners of his proceedings upon the warrant and shall
specify the costs and expenses of all necessary work, labor, and proceedings
incurred by him in the abatement or the removal of the same.
c)Â
At
such meeting, The Commissioners shall determine, from the return of
the City Manager, the costs and expenses of all necessary work, labor,
and proceedings in reference to the abatement or removal of such obstruction,
nuisance, or unsanitary condition. The Commissioners shall then issue
a warrant, containing an itemized account of that information, together
with the name and last and best known address of the person from whom
The Commissioners shall determine the amount to be due and shall deliver
such warrant to the City Manager. The warrant shall command him forthwith
to collect the amount stated to be due thereon from the person or
persons designated therein. The City Manager shall forward to such
person or persons, in a sealed wrapper, a true and correct copy of
the warrant by depositing the same in the United States mails and
addressed to such person's or persons' last and best known
post office address. If such person or persons shall refuse or neglect
to pay the same to the City Manager for the use of the City within
thirty (30) days from the date of the mailing of such true and exact
copy of the warrant, the City Manager shall then be authorized and
required to collect the same in any of the manners hereinbefore provided
in Section 27 of this Charter.
(a)Â
In the event that it becomes feasible or necessary in the future
for the City of Rehoboth Beach to level, grade, flag, re-flag, curb
or recurb, gutter or regutter, pave or repave the sidewalks, curbs,
crosswalks or gutters of the City of Rehoboth Beach or to repair any
curb, sidewalk, gutter or crosswalk, the following procedure shall
be followed.
(b)Â
Before any owner shall be required to lay, install or construct a
new sidewalk, curb or gutter, or any or all of them, on any block
on any street within the corporate limits of the City of Rehoboth
Beach where more than fifty percent of lots do not have such improvement,
a written petition, signed by a majority of the owners of property
on any block on any street adjoining, along or in front of which block
such improvement is requested shall first be received or obtained
by the Commissioners of Rehoboth Beach requesting that the sidewalk,
curb or gutter, or either or all of them, be laid, installed or constructed
in such block. For the purposes of this section, an owner shall be
deemed to include a freeholder or leaseholder as defined in this Charter.
(c)Â
Upon receipt of such petition, the Commissioners of Rehoboth Beach
shall direct the Secretary of the Commissioners of Rehoboth Beach
to forward a written notice to the owner or owners of any house or
lands adjoining, along or in front of which a sidewalk, curb or gutter
or any or all of them, shall be laid, installed or constructed. Such
notice shall specify to the owner any rules or regulations adopted
by the Commissioners of Rehoboth Beach in respect to the laying, installing
or constructing thereof or the materials to be used in the doing of
such work.
(d)Â
Should the owner or owners neglect or refuse to comply with said
notice for the space of thirty days, the Commissioners of Rehoboth
Beach may proceed to have the same done, and when done, the City Manager
shall as soon as convenient thereafter, present to the owner or owners
of such lands a bill showing the expenses of such paving, curbing
or guttering, or any or all of them. Such bill shall be sent by certified
mail with return receipt requested to such owner or owners directed
to him, her or them at their last known address. If such bill be not
paid by the owner or owners of such land or lands within thirty days
after the mailing of such bill as aforesaid, the City Manager may
proceed to effect collection of such bill in the same manner as provided
in this Charter for the collection of taxes.
(e)Â
The claim for paving, curbing or guttering, or any or all of them,
shall be a lien for a period of ten years on the premises adjoining,
along or in front of which the said work was done and shall have priority
over any other lien, encumbrance or conveyances suffered or made by
the owner or owners after the presentation of said bill, as aforesaid,
although such other conveyance, or lien or liens be of a date prior
to the time of the attaching of such liens for paving, guttering or
curbing or any or all of them.
(f)Â
If fifty percent or more of the lots in any block on any street have
a sidewalk, curb or gutter, or if the work to be accomplished is a
repair or replacement of existing sidewalks, curbs or gutters or any
or all of them, no Petition shall be required but the Commissioners
of Rehoboth Beach shall adopt a resolution stating that on a named
day and at a named hour and place, the Commissioners of Rehoboth Beach
will meet to consider the question of laying, installing or constructing
of new sidewalks, curbs or gutters, or any or all of them, adjoining,
along or in front of property where more than fifty percent of the
lots in the block have such improvement or repair or replacement of
particular sidewalks, curbs or gutter or any or all of them of the
City on a named street adjoining, along or in front of the property
of a named owner or owners and an assessment of the costs thereof
against such owner or owners. The resolution shall be printed at least
one week prior to the meeting in a newspaper having a general circulation
in the City of Rehoboth Beach. The Commissioners shall hold a public
hearing pursuant to said resolution and thereat shall hear the aforesaid
owner or owners of property and other residents of the City appearing
on the question referred to in said resolution.[2]
[2]
Editor's Note: This subsection was amended by the General
Assembly by 2006 Del. Laws Ch. 383, approved by the Governor 7-6-2006.
(g)Â
After such public hearing, the Commissioners of Rehoboth Beach, either
at said public hearing, or at a subsequent regular or special meeting,
shall decide whether to proceed with the improvements referred to
in said resolution, and if it shall be determined to proceed, the
Commissioners shall determine whether the whole or some specified
portion of the cost of the improvement adjoining, along or in front
of the property of the owner or owners named in the aforesaid resolution
shall be borne by said owner or owners. If said determination shall
be that the whole or specified proportion of said cost shall be borne
by the said owner or owners, then and in that event, the said owner
or owners shall be compelled to pay the whole or specified proportion
of costs aforesaid, as the case may be, the amount to be paid by the
owner of each parcel of their property affected to be determined by
the lineal footage of the parcel adjoining, along or in front of which
the improvement or improvements were made.
(h)Â
Whenever the laying, installing or constructing of new sidewalks, curbs or gutters or any or all of them, as described in subsection (c) hereof or replacement or repair of the sidewalks, curbs or gutters or any or all of them have been made, and the cost thereof ascertained, the Commissioners of Rehoboth Beach shall ascertain the amount that the owner or owners of each parcel of property shall pay as hereinbefore stated, and shall give written notice thereof to said owner or owners by mailing the same by certified mail with return receipt requested to his, her or their last known address. If such owner or owners shall fail to pay the specified amount within thirty days after the mailing of such notice, the same, together with interest costs, may be collected by the same procedures as are set forth herein for the collection of taxes. The amount so assessed shall be and constitute a lien upon all the property adjoining, along or in front of which the said work was accomplished, and such liens shall have preference and priority for a period of ten years from the date of mailing of the notice, although such other lien, encumbrance or conveyance was suffered or made by the owner or owners after the presentation of the said bill although such other conveyance, or lien or liens be of a date prior to the time of the attaching of such liens for the improvements.
(i)Â
The word "owner" as used in this section shall be deemed to mean the freeholders or leaseholders of the property at the time the petition is received by the Commissioners of Rehoboth Beach pursuant to subsection (b) hereof if a new sidewalk, curb or gutter or any or all of them is to be laid, installed or constructed are the freeholders or leaseholders of the property at the time the resolution to repair or replace existing sidewalks, curbs or gutters or any or all of them is passed and any change in ownership thereafter shall not be deemed or held to affect any of the proceedings mentioned in this section. The Commissioners of Rehoboth Beach, in exercising the authority granted by this section, may use such materials and substances and such methods of construction and may employ such contractors, engineers and inspectors and others as the Commissioners of Rehoboth Beach may deem expedient and may use different materials and different methods of construction as the Commissioners of Rehoboth Beach deem advisable.
[1]
Editor's Note: This section was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976.
a)Â
The
Commissioners of Rehoboth Beach shall have the power and authority
to locate, lay-out and open new streets and to widen or abandon streets,
or parts thereof, whenever they shall deem it for the best interest
of the City.
b)Â
In
every case the procedure to be followed in respect thereto shall be
as follows: The Commissioners shall adopt a resolution favorable to
the opening of such new street or to the widening or altering of a
street or to the vacating or abandoning of a street, or any part thereof,
as the case may be. The resolution shall give a general description
of the street to be opened, widened or altered or of the street, or
part thereof, to be vacated or abandoned, as the case may be. The
resolution shall also state the day, hour and place where the said,
The Commissioners, will sit to hear objections and to award just and
reasonable compensation to anyone who will be deprived of his property
by reason thereof.
c)Â
Copies
of such resolution shall be posted in at least five, or more, of the
most public places in the City, and at least five days prior to the
date fixed by The Commissioners for the hearing as aforesaid.
d)Â
At
the time and at the place fixed in the resolution, The Commissioners
shall hear such residents or taxables of the City, or owners of property
affected thereby, as shall attend the hearing. After hearing all objections,
The Commissioners shall, at said meeting or at a subsequent date,
as it may deem proper, adopt a resolution to proceed with, or abandon
the proposed locating, laying out, widening, altering, vacating or
abandoning of any street or streets contemplated in its aforementioned
prior resolution.
e)Â
In
every case where the Commissioners shall resolve to proceed with the
plan contemplated, or a portion thereof. The Commissioners shall award
just and reasonable compensation to any person or persons who will
thereby be deprived of property by virtue of the execution of the
plan so contemplated. Such compensation, if any be awarded, shall
be paid by The Treasurer of The Commissioners of Rehoboth Beach, on
a warrant drawn upon him by authority of The Commissioners aforesaid
upon delivery of a good and sufficient deed conveying a fee simple
title unto "The Commissioners of Rehoboth Beach"; which title shall
be clear and free of all liens and incumbrances.
f)Â
If
anyone who shall be deprived of his property by virtue thereof be
dissatisfied with the compensation awarded by The Commissioners, as
aforesaid, he may, within five days after the award of The Commissioners,
as aforesaid, appeal from such award by serving written notice to
that effect upon the Secretary or President or, in their absence,
upon any member of the Commissioners of Rehoboth Beach.
g)Â
In
order to prosecute said appeal, such appellant shall, within ten (10)
days after the award of The Commissioners, as aforesaid, apply to
the Resident Judge of the Superior Court of the State of Delaware,
in and for Sussex County, or, should he be absent from the County
during that time, such application shall be made to the Chief Justice
of the State of Delaware, for the appointment of freeholders to hear
and determine the matter of compensation due such appellant by virtue
of the deprivation of his property, as aforesaid. Thereupon, the said
Resident Judge, or Chief Justice shall issue a commission under his
hand directed to five impartial freeholders of Sussex County, commanding
them to determine and fix the damages which the said appellant shall
have sustained by reason of being deprived of his property, as aforesaid.
The freeholders, so appointed, shall take into consideration the benefits
or advantages that will enure to the said appellant from any such
new street, or otherwise. The freeholders, so appointed, shall make
return of their findings to the said Resident Judge, or Chief Justice,
as the case may be, at a time appointed in the said Commission.
h)Â
The
freeholders so appointed shall give notice of the day, hour and place
when they will meet to view the premises and to affix the damages,
if any, as aforesaid. Such notice shall be served upon the appellant
personally, or by posting a copy thereof on the premises affected,
at least five days before the day specified therein as upon which
they are to view the premises, as aforesaid. A copy of such notice
shall also be served on the Secretary or the President of The Commissioners
of Rehoboth Beach at least five days before the day of such meeting.
i)Â
The
freeholders named in such Commission, being first sworn or affirmed
to fully, fairly and honestly determine the damages to the best of
their several abilities, and at the hour and place stated in the notice
aforesaid, shall view the premises and hear the appellant and his
witnesses, and The Commissioners and its witnesses, and shall, without
delay, determine and fix the damages, if any, which the said appellant
will have sustained by reason of being deprived of any property, as
aforesaid.
j)Â
Thereupon,
and without delay, the said freeholders shall make return, in writing,
of their proceedings in the premises to the said Resident Judge, or
Chief Justice, as the case may be, The Resident Judge, or Chief Justice,
or as the case may be, shall cause the said return to be delivered
to the Secretary or the President of The Commissioners. Such return
shall be final and conclusive. The Resident Judge, or Chief Justice,
as the case may be, shall have full power to fill any vacancy among
the freeholders.
The amount of the damages being ascertained, as aforesaid, The
Commissioners of Rehoboth Beach, shall pay or tender the amount thereof
to the person or persons entitled thereto, within one month after
the same shall be finally ascertained, or The Commissioners may deposit
the same to his credit in any bank in the City of Rehoboth Beach,
within the said period of one month, and thereupon The Commissioners
of Rehoboth Beach may carry into effect the plan contemplated in their
resolution aforementioned.
In the ascertainment and assessment of damages by the freeholders
appointed by the Resident Judge, or Chief Justice, if the damages
shall be increased above the amount fixed by The Commissioners, or
if The Commissioners shall decide not to take such property, the cost
of the appeal shall be paid by the Treasurer of The Commissioners
of Rehoboth Beach out of any monies in his hands belonging to the
City. If the said damages be not increased, the cost of the appeal
shall be paid by the party appealing.
The fees of the freeholders shall be $5.00 per day to each,
and shall be taxed as a part of the cost.
After the damages shall be fixed and ascertained by the freeholders
as aforesaid, The Commissioners shall have the option of either paying
the damages assessed within the period of one month aforementioned,
and proceeding with the improvement, or paying the costs only and
abandoning the proposed improvements.
Whenever the land comprehended or included in any street or
part thereof vacated or abandoned under this section be owned by the
City, The Commissioners may, in its discretion, sell such land at
public sale and for such consideration as The Commissioners shall
deem proper. The Commissioners shall have the right and power to convey
to the purchaser or purchasers thereof, a good and sufficient title
thereto for whatever estate the City may have therein.
For all purposes of this Section, the word "street" shall be
deemed and held to comprehend and include sidewalks, lanes, alleys,
roadways or other highways.
The Commissioners of Rehoboth Beach shall have full power and
authority to re-grade, re-dress, or otherwise repair or rebuild all
existing streets, lanes, alleys, roadways or other highways within
the City limits. It shall also have the power and authority to construct,
build, pave and in any manner improve all new and existing streets,
lanes, alleys, roadways and other highways now open or to be hereafter
opened for public use in the City. In so doing, it shall use such
materials and substances and such methods of construction and shall
employ such contractors, engineers, inspectors or others as The Commissioners
shall deem expedient and may use different materials and different
methods of construction on different streets or on different parts
of streets as The Commissioners shall deem advisable. To this end,
The Commissioners shall have full power and authority to enter into
contracts or agreements with the State Highway Department of the State
of Delaware for the permanent maintenance, repair and up-keep of any
street, lane, alley, roadway or other highway within the City limits.
The Commissioners shall also have full power and authority to
expend such part or parts of the money of the City, in the general
fund of the City, not otherwise appropriated, towards the carrying
out of any powers and authorities granted unto The Commissioners under
and by virtue of this Section of the Charter.
This Act shall be designated as Section 33A of the Charter of
the City of Rehoboth Beach as established by Chapter 161, Volume 41,
Laws of Delaware, and as amended.
The word 'street' shall include present and future
streets, highways, thoroughfares, lanes, avenues and alleys of the
City of Rehoboth Beach.
The word 'block' shall include the lineal frontage
of all property fronting and abutting upon both sides of any street
between two other successive intersecting streets.
The word 'City' shall mean the City of Rehoboth Beach
within its territorial limits.
The word 'Commissioners' shall mean The Commissioners
of Rehoboth Beach.
The word 'owner' or 'owners' as used in
this Section shall be deemed to include the owner of an improvement
having an assessed value of at least One Thousand Dollars ($1,000.00)
located on land under a valid lease for a period of at least ten (10)
years which said lease is of record in the Office of the Recorder
of Deeds, in and for Sussex County. The same rules and regulations
set forth in this Section relating to voting by tenants by the entireties
shall be applicable.
In addition to the power and authority to improve the streets
of the City and to expend its funds therefor, The Commissioners are
authorized and empowered to apportion and impose not exceeding two-thirds
of the entire cost to the City of improving any street, or part thereof,
upon the abutting property owners, block by block, in the following
manner:
The entire cost to the City of any such improvement shall include
the total costs to be paid by the City out of City funds for improving
and repairing the surface of any such street from curb line to curb
line.
The cost of improvement of intersections shall be borne solely
by the City.
Upon the petition in writing signed by the owners of a majority
of the entire lineal frontage of all property fronting on any given
block of the City between intersections, and filed with The Commissioners
praying that The Commissioners proceed to improve such block of street
and the street intersections at each end thereof, The Commissioners
may at any time thereafter proceed to improve the street and intersection
pursuant to the provisions hereof. No petition shall be received if
it purports to restrict the time within which such improvement shall
be carried out, or the discretion of The Commissioners as to the nature,
extent and cost thereof; nor unless it shall have attached thereto
an oath or affirmation of at least two (2) freeholders of the City
taken before a person authorized to administer oaths, and verifying
that the signatures appended were made in their presence and are the
signatures of the persons whose names they purport to be, and that
they did fully read such petition to each signer prior to the signing
thereof. Whenever any such petition shall have been received, approved
and filed by The Commissioners, it may not thereafter be withdrawn,
nor shall the signature of any signer be stricken therefrom, except
by and with the consent of The Commissioners; and such petitions,
received, approved and filed shall be admitted into evidence in any
Court of law or equity, and shall be prima facie proof of its contents
and of the signatures of the respective signers.
With respect to any one street there shall be, so far as possible,
a uniformity of the character of the improvement and of the kind or
class of materials used.
The entire cost of any improvement under the provisions hereof,
may be paid, when due, by The Commissioners out of any funds of the
City not otherwise appropriated or set aside and for any such purpose.
The Commissioners may borrow money and secure the payment thereof
by the issuance of bonds or certificates of indebtedness pledging
the full faith and credit of the City, or such other security as The
Commissioners shall determine, for the payment of the principal thereof,
and the interest due thereon, and pursuant to the terms and provisions
of and in the manner provided by Section 40 of the Charter of the
City as amended; provided, however that it shall not be necessary
to call or hold a Special Election of the taxables of the City to
secure their approval of such borrowing; and each bond and certificate
of indebtedness shall provide that the same may be called in and redeemed
and paid by The Commissioners in whole or in part, at its option,
at any interest date designated therein.
Upon the completion and acceptance of any such improvement of
any block of street The Commissioners shall cause to be made an accurate
statement of the whole costs to the City and shall deduct from such
whole cost the costs of such improvement to the intersections of any
street done and improved in connection with and as a part of any such
street improvement.
The entire cost of any street improvement under the provisions
hereof, excluding the cost of the improvement of street intersections,
shall be divided into three equal parts and the amount of two such
equal parts shall be apportioned among, and levied and assessed upon
all of the adjacent property and property owners of such block according
to the lineal footage of the respective properties abutting upon both
sides of the block of the street.
Such levy and assessment shall be made by The Commissioners
by causing a complete list of all properties to be assessed, setting
forth the number of lineal feet of each such property fronting or
abutting upon the street, the owner or owners thereof, and the amount
levied and assessed against such property and the owner or owners
thereof.
A copy of such special assessment list shall be posted in the
City Hall of the City for one week for public inspection. An advertising
stating the fact of such posting and the time and place when and where
the Commissioners shall sit to hear objections to the assessment list
shall be published in two successive issues of a newspaper published
in the City prior to the day fixed for hearing; and the hearing shall
not be less than ten (10) days nor more than twenty (20) days after
the last publication of such advertisement. The hearing shall be in
public on the day and hour and at the place stated in the advertisement,
and The Commissioners shall hear and determine all objections to such
special assessment list as shall have been made by any party in interest
in writing and filed with The Commissioners at any time prior to the
hour of such public hearing as fixed in the advertisement. The hearing
may be adjourned from time to time until all objections have been
heard and determined.
Upon determination of all objections The Commissioners shall
cause said assessment list to be corrected and altered, if need be,
to conform to and comply with the terms hereof; and such list showing
the several amounts, finally determined as having been levied and
assessed against the several properties and the owners thereof shall
be certified to by The Commissioners as correct.
Any special assessment made hereunder shall be a lien upon the
respective properties upon which any such assessment is levied and
assessed as of the date that the list shall be certified to by The
Commissioners as correct; and such lien shall be certified to by The
Commissioners as correct; and such lien shall have priority over all
other liens, incumbrances or conveyances excepting only tax liens
and prior special assessment lists of like nature for public improvement.
Immediately after certification of the assessment list, The
Commissioners shall cause a duplicate thereof to be prepared and delivered
to the City Manager, who shall immediately prepare statements of such
assessments against each property so assessed, and shall mail, deliver
or cause to be delivered such statements to the person or persons
whose names appear therein as the owner or owners of such property,
or properties, respectively. The mailing of a statement to the last
known post office address of any person shall be a sufficient notice
of such assessment.
All sums of money paid on account of any such assessment shall
be paid to the City Manager who shall give his receipt therefor, and
all such sums of money shall be by him paid and delivered to the Treasurer
of the City who shall deposit them in some banking institution in
the State of Delaware in a special account to be designated as a "Sinking
Fund for Street Improvement", separate and distinct from any other
funds controlled by said Treasurer. The money so deposited shall only
be paid out of any such account for the purpose of paying, retiring
or redeeming any borrowing of money, bonds or certificates of indebtedness
incurred or issued by the City in pursuance hereof, and for the paying
of interest thereon. If at any time all such outstanding borrowings,
bonds or certificates of indebtedness, and interest thereon be fully
paid and satisfied, any amount remaining in such sinking fund may
be paid over into the general fund of the City and used for any lawful
municipal purpose.
All special assessments shall be due and payable upon the date
that the Commissioners certify to the correctness thereof, and all
amounts unpaid thereon after sixty (60) days of the date of certification
shall bear lawful interest until the date of payment, and such interest
shall be added and considered as a part of any such assessment. Any
assessment paid in full within sixty (60) days of the due date shall
not bear interest.
Any property owner or owners so assessed may file with the City
Manager a statement in writing signed by him or them and stating that
such owner or owners elect to pay the assessment in five equal installments.
Any such statement must be filed within sixty (60) days from the due
date of such assessment, and if so filed such owner or owners shall
then be allowed to pay the same in five (5) equal installments with
interest as aforesaid upon the unpaid balance. The first such installment
shall be due and payable within sixty (60) days from the date that
The Commissioners shall certify the list, and a subsequent installment,
with interest as aforesaid, shall be due and payable on the first
day of July in each year thereafter until fully paid. Any owner of
property shall have the right to pay the full balance due upon his
assessment at any time. If any owner, not electing to pay the assessment
in installments, or having so elected, shall neglect to pay any installment
or any part thereof, when due, the whole of said assessment and interest
shall be forthwith collected by the City Manager who is hereby vested
with all the rights and powers, and shall proceed to collect the same
in any of the manners provided for the collection of other taxes,
assessments and charges due the City as more particularly set forth
in Section 27 of the Charter of the City.
The Commissioners of Rehoboth Beach shall have the power and
authority to locate, lay-out, construct, widen, extend, improve, repair,
vacate or abandon jetties, bulkheads and embankments for the preservation
of any beach or strand within the limits of the City or contiguous
thereto, to the ends that the same may be preserved and property may
be protected, or boardwalks and piers, to the end that the general
public might enjoy the use thereof. In the locating, laying-out, constructing,
widening, extending, improving, repairing, vacating or abandoning
of any such jetties, bulkheads, embankments, boardwalks and piers,
The Commissioners shall have full power and authority to use such
materials and substances and such methods of construction and shall
employ such contractors, engineers, inspectors, and others as The
Commissioners shall deem expedient and advisable. For the purpose
of this Section The Commissioners shall have full power and authority
to expend such part or parts of the money of the City, in the general
fund of the City not otherwise appropriated.
The Commissioners 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 33 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 33
shall be changed and modified to cover cases contemplated by this
present Section.
The Commissioners of Rehoboth Beach shall have full power and
authority to provide an ample supply of pure water for the City and
the inhabitants thereof. To this end, it shall have full power and
authority to purchase, acquire by grant or gift, lease, erect, construct,
maintain, operate, extend, enlarge, re-new, replace and control wells,
reservoirs, pumping machines and stations, tanks, standpipes, water
mains, fire hydrants and all other instruments for the collection,
storage, purification, conveyance and distribution of water, over,
on, under or through the lands controlled by The Commissioners or
belonging to private individual or individuals.
The Commissioners shall have power to enact ordinances, rules
and regulations in regard to the use for public or private purposes
of water furnished by The Commissioners; the amounts to be paid by
the users thereof; the means or methods whereby the same shall be
collected; the fixing of fines, or penalties, or both, for any wilful
or negligent injury or damage to or interference with the water system
or equipment of the City.
The Commissioners may, at its option, furnish water from the
City system to places and properties outside the City limits and upon
such special terms, charges and conditions as it shall deem wise.
The Commissioners shall have the power to make contracts for
the purchase of water with any responsible person, firm or corporation
and to distribute the same to users within or without the said City
with the same full powers as if such water had been initially reduced
to usefulness by The Commissioners itself.
The Commissioners shall have full power and authority, at any
regular or special meeting, to enact ordinances or to adopt resolution
granting franchises to any responsible person, firm, association or
corporation and for such term or terms of years as shall seem wise
to The Commissioners, to use the present or future streets, squares,
alleys, lanes and beach strand of the City for the purpose of furnishing
water to the City and to the persons, firms or corporations residing
therein, and for the purpose of transmitting the same, or any, or
all of them, through, over, across or under said streets, squares,
alleys, lanes and beach strands to points outside the City limits,
any such franchise or franchises, to contain such restrictions, conditions
and stipulations as shall, to the said, The Commissioners seem wise.
The Commissioners may, by condemnation proceedings, take private
land and property, or the right to use private land and property,
under, over, or on the surface thereof, for the proper furnishing
of an ample supply of pure water or the creation, construction, extension,
maintenance of a proper water system, or the distribution thereof
as above provided. The proceedings by condemnation under this Section
shall be the same as prescribed by Section 33 of this Charter, which
is concerned with the opening and laying-out of new streets, and the
resolutions referred to in said Section 33 shall be changed and modified
to cover these cases contemplated by this particular Section of the
Charter.
All the powers and authorities vested in The Commissioners of
Rehoboth Beach are under and by virtue of Chapter 119, Volume 38,
Laws of Delaware, are hereby vested in The Commissioners of Rehoboth
Beach under and by virtue of the provisions of this Charter.
The Commissioners of Rehoboth Beach are hereby vested with full
power and authority to provide, construct, extend, maintain, manage
and control sewer system for the health, sanitation and convenience
of the inhabitants of the City, on, over, under, or through the streets,
alleys, lanes, roadways or other highways, or on, over, under or through
the lands of any person.
The Commissioners of Rehoboth Beach shall have the power to
enact ordinances, rules and regulations regarding the sewarage system
and sewage treatment plant of the City and the use thereof, and the
amounts to be paid by the users thereof, and to fix fines and penalties,
or both, for the wilful or negligent injury or damage to, or interference
with the said sewerage system or sewage treatment plant of the City.
The Commissioners may, at its option, furnish sewer facilities
to place and properties outside the City limits upon such special
terms, charges and conditions as it may deem wise. In a proper case,
The Commissioners of Rehoboth Beach may require any property in the
City to be connected with the sewer system and may compel the owner
to pay the charge of such connection and the tapping fee charged therefor
and in respect thereto may use any method provided in Section 31 of
this Charter.
The Commissioners may, by condemnation proceedings, take private
land or property, or the right to use private land and property, under,
over, or on the surface thereof, for the proper operation or extension
of the sewer system or sewage treatment plant in the City. The proceedings
by condemnation under this Section shall be the same as prescribed
by Section 33 of this Charter; which provides for the opening and
laying-out of new streets, and the resolutions referred to in Section
33 shall be changed and modified to cover those instances contemplated
by this particular Section of the Charter.
The Commissioners of Rehoboth Beach shall have full power and
authority to erect, construct, equip, maintain and operate a plant
or plants for the generating and manufacturing of electric current
or gas, or both, for the inhabitants of the City and for lighting
of streets, squares, alleys, lanes and public places and buildings
of the City and shall have full power and authority to construct,
erect, maintain, improve, extend, equip and operate such transmission
and distributing lines, pipes, mains and other conveyances for any
such current or gas as may be necessary to properly light the City
and to furnish proper connections for electric current and gas to
the properties of the inhabitants of the City who may desire the same.
The Commissioners of Rehoboth Beach shall have the power to
make contracts for the purchase of heat, light, sewer service, water,
electric current and gas with any responsible person, firm, or corporation
and to distribute the same to users within or without the said City
with the same full powers as if such heat, light, power, water, electric
current, or gas had been generated or manufactured by the City as
herein expressly provided for in this Charter.
The Commissioners shall have the power to grant to all persons
whomsoever in the City the privileges of using electric current or
gas conveyed and distributed by the City in such manner and in such
terms and consideration and at such rates and for such amounts as
The Commissioners may deem just and proper and shall enact such ordinances
relating to electric current or gas or their generation or manufacture
or their distribution in said City and the regulation of the connection
thereof with the properties of individuals in said City and with general
management and control of the same as The Commissioners shall, from
time to time, deem to be most expedient.
The Commissioners may, at its option, transmit electric current
from the said City to place or places and property or properties outside
the City limits, upon such terms, charges and conditions as it shall
deem wise.
The Commissioners of Rehoboth Beach shall also have full power
and authority at any regular or special meeting to enact ordinances
or to adopt resolutions granting franchises to any responsible person,
firm, association or corporation and for such term or terms of years
as shall deem wise to The Commissioners, to use the present and future
streets, squares, alleys, and lanes of the City for the purpose of
furnishing heat, light, power, gas, water or electric current, or
any, or all of them, to the said City and to the persons, firms, or
corporations residing therein, and for the purpose of transmitting
the same, or any, or all of them, through, over, across, or under
said streets, squares, alleys, and lanes to points outside of the
City limits: any which franchise or franchises to contain such restrictions,
conditions, and stipulations as shall, to the said Commissioners,
seem wise.
The Commissioners may, by condemnation proceedings, take private
land and property, or the right to use private land and property,
under, over, or on the surface thereof, for the proper operation,
manufacture or extension or distribution of gas or electric current
as above provided. The proceedings by condemnation under this Act
shall be the same as prescribed by Section 33 of this Charter, which
is concerned with the opening and laying-out of new streets, and the
resolutions referred to in said Section 33 shall be changed and modified
to cover those cases contemplated by this particular Section of the
Charter.
The Commissioners of Rehoboth Beach shall have the full jurisdiction
and control, within the limits of the City, 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 City and may pass ordinances for the opening
of gutters, surface water and underground drains and sewers within
the limits of the City. The Commissioners of Rehoboth Beach shall
also have full power to regulate, maintain, clean and keep the natural
water courses, runs and rivulets within the City 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 proceedings as hereinbefore provided
by Section 33 of this Charter; which is concerned with the opening
and laying-out of any streets. By like proceedings The Commissioners
of Rehoboth Beach 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 City limits. Provided, however,
that the resolutions referred to in Section 33 of this Charter shall
be changed and modified to cover those cases contemplated by this
particular Section of the Charter shall be changed and modified to
cover those cases contemplated by this particular Section of the Charter.
The Commissioners of Rehoboth Beach may build and maintain a
suitable place as a lock-up or jail for the City, which shall be used
as a place of detention for persons convicted of violation of law
or ordinances, or for the detention of persons accused of violation
of law or ordinances for a reasonable time, in cases of necessity,
prior to hearing and trail. Nothing in this Section shall be construed
to deprive The Commissioners of Rehoboth Beach of the right to use
the jail of Sussex County for such purposes as may otherwise have
been provided.
a.Â
The
Commissioners of Rehoboth Beach may borrow money and issue bonds or
certificates of indebtedness to secure the repayment thereof on the
faith and credit of the City of Rehoboth Beach or such other security
or securities as the Commissioners shall elect for the payment of
principal thereof and interest due thereon.
b.Â
All
bonds or other kinds or forms of certificate or certificates of indebtedness
issued by the Commissioners of Rehoboth Beach pursuant to the provisions
of this section shall be exempt from all State, county or municipal
taxes.
c.Â
The
power or authority to borrow money may be exercised by the Commissioners
of Rehoboth Beach to provide funds for, or to provide for the payment
of, any of the following objects and purposes: (1) refunding any or
all outstanding bonds or other indebtedness of the City at the maturity
thereof or in accordance with any callable feature or provision contained
therein; (2) meeting or defraying current operating expenses of the
City; (3) erecting, extending, enlarging, maintaining, and repairing
any plant, building, machinery or equipment for the manufacture, supplying
or distribution of gas, water, electricity, sewerage or drainage system,
or any of them, and the condemning or purchasing of any lands, easements
and rights-of-way which may be required therefor; (4) constructing,
paving, laying-out, widening, extending, repairing and maintaining
streets, lanes, alleys and ways and the paving, constructing, laying-out,
widening, extending, repairing and maintaining of curbing and gutters
along the same and the condemning or purchasing of any lands, easements
or rights-of-way which may be required therefor; (5) constructing,
laying-out, widening, extending, repairing and maintaining boardwalks,
piers, jetties, bulkheads, sidewalks, crosswalks, or embankments,
or any of them in the condemning or purchasing of any lands, easements
or rights-of-way which may be required therefor; (6) defraying the
costs to the City of any other municipal improvement provided for
or authorized or implied by the provisions of this Charter.
d.Â
The
Commissioners shall adopt a resolution proposing unto the electors
of the City by resolution that an amount of money shall be borrowed
for any of the above purposes. The resolution shall state the amount
of money desired to be borrowed, the purpose for which it is desired,
the manner of securing the same, and other pertinent facts relating
to the loan which are deemed pertinent by the Commissioners of Rehoboth
Beach and in their possession, and shall fix the time and place for
a public hearing on said resolution.
e.Â
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 City of Rehoboth Beach at least one week before the time fixed
for the public hearing.
f.Â
After
the public hearing, a second resolution may then be passed by the
Commissioners of Rehoboth Beach ordering a Special Election to be
held not less than thirty days and no more than sixty days after said
public hearing to borrow the said money for the purpose of voting
for or against the proposed loan. The passing of the second resolution
calling the Special Election shall, ipso facto, be considered the
determination of the Commissioners of Rehoboth Beach to proceed in
the matter in issue.
g.Â
The
notice of the time and place of holding the said Special Election
shall be printed in two issues of a newspaper having a general circulation
in the City of Rehoboth Beach within thirty days prior to the date
of the said Special Election.
h.Â
At
the said Special Election, every freeholder or leaseholder, as defined
in this Charter, shall have one vote and every person who is a bona
fide resident of the City of Rehoboth Beach, but who is not a freeholder
or leaseholder, as defined in this Charter, and who would be entitled
at the time of 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 shall have one vote whether
or not such person be registered to vote in the Annual Municipal Election.[2]
[2]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
i.Â
Any
Special Election held pursuant to the provisions of this section shall
be conducted by voting machines which shall have the following designations:
|
[Â Â Â ]
|
For the proposed borrowing
|
|
[Â Â Â ]
|
Agsinst[3] the proposed borrowing
|
|
The voter shall be instructed to mark the box for which he casts
his vote.
| |
[3]
So in original.
k.Â
The
Mayor of the City of Rehoboth Beach shall appoint Election Officials
who shall have the same qualifications provided in this Charter as
the Election Officials of an Annual Municipal Election of the City
of Rehoboth Beach.[5]
[5]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
l.Â
The
polling places shall be open from ten o'clock (10:00) in the
morning, prevailing time, until six o'clock (6:00) in the evening,
prevailing time, on the date set for the Special Election. Persons
in the polling place at 6:00 in the evening shall be entitled to vote
even though such votes may be cast after 6:00 in the evening.[6]
[6]
Editor's Note: This subsection was amended by Senate
Bill No. 266, signed by the Governor 1-25-1994.
m.Â
Immediately
upon the closing of the polling places, the Election Officials shall
count the ballots for and against the proposed borrowing and shall
announce the result thereof and shall make a certificate under their
hands of the number of votes cast for and the number of votes cast
against the proposed borrowing and the number of void votes and shall
deliver such certificate, in duplicate, to the Commissioners of Rehoboth
Beach. The said certificate shall be filed with the papers of the
Commissioners of Rehoboth Beach.[7]
[7]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
n.Â
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 feature, the denomination and the name thereof
and any other relative or appurtenant matter pertaining thereto shall
all be determined by the Commissioners of Rehoboth Beach after said
Special Election.
o.Â
The
faith and credit of the City of Rehoboth Beach shall be deemed to
be pledged for the due payment of the bonds and the interest thereon
issued under the provisions hereon when the same shall have been properly
executed and delivered for value notwithstanding any other provision
of this Charter.
p.Â
The
bonds may be sold at either public or private sale. If it is determined
to sell the said bonds at public sale, the bonds shall be offered
for sale to the best and most responsible bidder therefor after such
public advertising as the Commissioners shall deem appropriate.[8]
[8]
Editor's Note: This subsection was amended by Senate
Bill No. 266, signed by the Governor 1-25-1994.
r.Â
Notwithstanding
the foregoing provisions of this Section, the Commissioners may by
Resolution authorize the issuance of bonds or other obligations under
this Section for the purposes of refinancing any outstanding bonds
or other obligations of the City (including the payment of transaction
costs), without the necessity of the special public hearing referred
to in paragraph d or the second resolution or the Special Election
referred to in paragraph f; provided that the issuance of the refunding
obligations results in a present value savings to the City. Present
value savings shall be determined by using the effective interest
rate on the refunding obligations as the discount rate calculated
based on the internal rate of return. The principal amount of the
refunding obligations may exceed the outstanding principal amount
of the obligations to be refunded. At the time of the issuance of
the refunding obligations, there shall be deposited in escrow, pledged
to secure the refunded obligations, sufficient monies and/or direct
obligations of, or obligations the principal of and interest on which
are guaranteed by, the United States government, which, without regard
to any reinvestment earnings, will be sufficient to pay when due all
interest, principal and redemption price on the refunded obligations
at maturity or upon earlier call for redemption.[10]
[10]
Editor's Note: This subsection was added by Senate Bill
No. 266, signed by the Governor 1-25-1994.
s.Â
Notwithstanding
the foregoing provisions of this Section, the Commissioners may authorize
the issuance of bonds or other obligations under this Section in an
aggregate amount of up to $6,000,000 outstanding at any time, without
regard to the requirements set forth in paragraphs d. through m. of
this Section 40, if:[11]
(1)Â
The Commissioners, by Resolution (adopted by at least a majority
of all of the Commissioners) approves of the issuance of bonds or
other obligations pursuant hereto for a proper municipal purpose with
such Resolution stating the amount of such issuance, the purpose of
such issuance, the manner of securing the same, that the amount of
such other bonds and obligations issued pursuant to this paragraph
s. does not exceed $6,000,000 and any other facts relating to the
issuance which are deemed pertinent by the Commissioners of Rehoboth
Beach and in their possession at that time. Such Resolution (or a
subsequent Resolution adopted by at least a majority of a quorum as
established pursuant to Section 10 hereof) shall establish the form
of the bonds or certificates of indebtness, the time or times of payments,
the interest rate or rates, the classes, the series, the maturity
or maturities, the registration, any callable or redeemable features,
the denominations and the name or names thereof and any other relative
or appurtenant matter pertaining thereto. Except for the provisions
of paragraphs d. through m. of this Section 40, all other provisions
of this Section 40 shall be applicable to bonds and other obligations
issued pursuant to this paragraph s.
[1]
Editor's Note: This section was amended by House Bill
No. 781 enacted by the 128th General Assembly during the Second Session
of 1976 and signed by the Governor on 7-28-1976.
All unsold real estate within the limits of the present City
of Rehoboth Beach shall continue to be vested in The Commissioners
of Rehoboth Beach under this Charter, subject, however, to the liens
thereon already existing, and The Commissioners of Rehoboth Beach
shall control and have charge of the same, and are hereby authorized
and empowered to sell and dispose of the same in such manner and upon
such terms as they deem advisable and advantageous and to execute
a good and sufficient deed or deeds in fee simple, or for a lesser
estate, to the purchaser or purchasers thereof. The Commissioners
of Rehoboth Beach shall have the power to plot and lay-out streets
or avenues in, upon and through any unsold or unplotted real estate.
The Commissioners of Rehoboth Beach are hereby authorized and
empowered in their discretion to sell and convey or lease to any responsible
person or persons, firm or firms, association or associations, or
corporation or corporations, any or all real and personal property
or both, within or without its boundaries, now or hereafter owned
by the Commissioners for any municipal purpose provided, however,
that the sale or conveyance of any real property must be approved
by the majority vote of the Commissioners after a public hearing held
in relation thereto.[1]
[1]
Editor's Note: This paragraph was amended 7-3-1997 by
1997 Del. Laws Ch. 141.
a.Â
Qualified
residents and property owners of the City of Rehoboth Beach shall
have the power to require reconsideration by the Commissioners of
Rehoboth Beach of any adopted Ordinance and to approve or reject it
at an election as provided herein: provided, however, that such power
of referendum shall not extend to the budget or capital program or
any emergency ordinance or any ordinance relating to the appropriation
of money or any ordinance relating to the levy of taxes.
b.Â
A
Referendum Petition, signed by persons registered on the corporate
"Books of Registered Voters" of the City of Rehoboth Beach as prescribed
in this Charter equal in number to at least forty percent (40%) of
the total number of voters who voted in the Annual Municipal Election
next preceding the execution of the Referendum Petition with the local
address of the person so signing, or three hundred (300) such persons
as aforesaid, whichever is greater, shall be presented to the Commissioners
of Rehoboth Beach at the next regular meeting of the Commissioners
of Rehoboth Beach following adoption of the ordinance sought to be
reconsidered. Each copy of such petition shall contain and have attached
thereto throughout its circulation the full text of the ordinance
sought to be reconsidered.[2]
[2]
Editor's Note: This subsection was amended by House Bill
No. 172 enacted by the 134th General Assembly and signed by the Governor
6-29-1987.
c.Â
Each
copy of the petition shall have attached to it, when filed, an affidavit
executed by the signer thereof stating that he personally circulated
the petition, the number of signatures thereon, that all signatures
were affixed in his presence, that he believes them to be the genuine
signatures of the persons whose names they purport to be, that each
such person who signed it is qualified to sign the petition and that
each signer had an opportunity, before signing, to read the full text
of the ordinance sought to be reconsidered.
d.Â
A
Petition for Referendum shall be filed at the next regular meeting
of the Commissioners of Rehoboth Beach following adoption by the Commissioners
of Rehoboth Beach of the ordinance sought to be reconsidered or it
shall not be the subject of a referendum. If there are less than twenty-eight
(28) days from the date of the adoption of the Ordinance sought to
be reconsidered until the next regular meeting of the Commissioners
of Rehoboth Beach, the Petition for Referendum shall be presented
at the first regular meeting following the expiration of the said
twenty-eight (28) day period or the Ordinance sought to be reconsidered
shall not be the subject of a referendum.[3]
[3]
Editor's Note: This subsection was amended by Senate
Bill No. 14 enacted by the 129th General Assembly during the First
Special Session of 1977.
e.Â
Within
twenty (20) days after the petition is filed with the Commissioners
of Rehoboth Beach at a regular meeting, the City Manager shall complete
a certificate as to its sufficiency, specifying, if it is insufficient,
the particulars wherein it is defective, and shall promptly send a
copy of the certificate to the circulator of such petition by certified
mail with return receipt requested. A petition certified insufficient
for lack of the required number of valid signatures may be amended
one (1) time if the circulator files a Notice of Intention to Amend
with the City Manager within two (2) days after receiving a copy of
his certificate and files a Supplementary Petition upon additional
papers within five (5) days after receiving the copy of such certificate.
Such Supplementary Petition shall comply with the requirements of
this Section concerning form, content, and the affidavit of the circulator.
Within five (5) days after it is filed, the City Manager shall complete
a certificate as to the sufficiency of the petition, as amended, and
shall promptly send a copy of such certificate to the circulator by
certified mail with return receipt requested, as in the case of the
original petition. If the petition, or amended petition, is certified
sufficient, or if the petition or amended petition is certified insufficient
and the circulator does not elect to amend or request a review of
the sufficiency of the certificate by the Commissioners of Rehoboth
Beach within the time required, the City Manager shall promptly present
his certificate to the Commissioners of Rehoboth Beach at the next
regular meeting and the certificate shall then be a form of determination
as to the sufficiency of the petition.
f.Â
If
a petition has been certified to be insufficient and the circulator
has not filed Notice of Intention to amend, or if an amended petition
has been certified insufficient, the circulator may, within two (2)
days after receiving the copy of such certificate file a request that
it be reviewed by the Commissioners of Rehoboth Beach. The Commissioners
of Rehoboth Beach shall review the certificate at the next regular
meeting following the filing of such request and approve or disapprove
it, and the determination of the Commissioners of Rehoboth Beach shall
be a final determination as to the sufficiency of the petition.
g.Â
Any
person or persons, jointly or severally, aggrieved by the decision
of the Commissioners of Rehoboth Beach may present to the Superior
Court of the State of Delaware, a petition duly verified, setting
forth that such decision is invalid, in whole or in part, specifying
the grounds of such invalidity. Such petition shall be presented to
the Court within thirty (30) days following the determination by the
Commissioners of Rehoboth Beach as to the insufficiency of such petition.
Upon presentation of the petition, the Court may allow a Writ of Certiorari
directed to the Commissioners of Rehoboth to review such decision
of the Commissioners of Rehoboth and shall perscribe[4] therein the time within which a return thereto must be
made and served upon the petitioner or his attorney, which shall not
be less than ten (10) days and may be extended by the Court. The allowance
of the Writ shall stay proceedings upon the decision or determination
appealed from. The Court may reverse or affirm, wholly or partly,
or may modify the determination brought up for review.
[4]
So in original.
h.Â
Upon
the filing of the Petition for a Referendum with the City Manager,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate upon the happening of any
of the following events.
(1)Â
There is a final determination of insufficiency of the Petition;
or
(2)Â
The Petition is withdrawn by the circulators thereof or sufficient
copies thereof are withdrawn so that there are insufficient numbers
of signatures as required by this Section; or
(3)Â
The Commissioners repeal the ordinance; or
(4)Â
Thirty (30) days have elapsed after a vote by the voters on the ordinance;
or
(5)Â
There is a final determination by the Superior Court.
i.Â
The
Commissioners of Rehoboth Beach shall reconsider the referred ordinance
at the first regular meeting after the Petition for a Referendum has
been finally determined to be sufficient. If the Commissioners of
Rehoboth Beach fail to repeal the referred ordinance, the referred
ordinance,[5] the referred ordinance shall be submitted to the voters
of the City of Rehoboth Beach at an election.
[5]
So in original.
j.Â
The
vote on a referred ordinance shall be held not less than thirty (30)
days and no later than sixty (60) days from the date that the petition
is determined to be sufficient. If the Annual Municipal Election is
to be held within the period prescribed in this Section, such referendum
shall be considered as part of that election. If the Annual Municipal
Election is not to be held within the period prescribed in this section,
the Commissioners of Rehoboth Beach shall provide for a special election.
If the Commissioners of Rehoboth Beach fail to hold a referendum within
the time specified in this section, the ordinance for which the petition
was filed shall be deemed to be repealed at the expiration of sixty
(60) days from the date that the petition was considered to be sufficient,
and shall not be passed in the same form for a period of six (6) months
from the effective date of repeal.[6]
[6]
Editor's Note: This subsection was amended 3-27-2019
by 82 Del. Laws, c. 6.
k.Â
At
the said Special Election, every person, male or female, who shall
have attained the age of eighteen (18) years, and who shall be a freeholder
or leaseholder, as defined in this Charter, in The City of Rehoboth
Beach for a period of six (6) months immediately preceding the date
of such Special Election, whether or not a resident of the State of
Delaware or of the City of Rehoboth Beach shall have one (1) vote,
provided such person is registered on the corporate "Books of Registered
Voters" of the City of Rehoboth Beach as prescribed in this Charter.
In addition, every person, male or female, other than a freeholder
or leaseholder as defined in this Charter, who shall have obtained
the age of eighteen (18) years on the date of the Special Election
and who shall be a bona fide resident of the State of Delaware and
The City of Rehoboth Beach on the date of the Special Election shall
be entitled to one (1) vote, provided such person shall be registered
on the "Books of Registered Voters" of the City of Rehoboth Beach
as prescribed in this Charter. Any person who shall register on the
"Books of Registered Voters" shall be entitled to vote in the Special
Election provided by this Section. A person may register at the Office
of the City Manager during the regular office hours on any day in
order to vote in the Special Election until the close of business
on the second Friday prior to the date of the said Special Election.
Any person registered to vote in the Annual Municipal Election shall
not be required to register in order to vote in the Special Election
to be held pursuant to this Section. The "Books of Registered Voters"
shall be conclusive evidence of the right of any person to vote at
the Special Election.[7]
[7]
Editor's Note: This subsection was amended by Senate
Bill No. 14 enacted by the 129th General Assembly during the First
Special Session of 1977; Senate Bill No. 123 enacted by the 136th
General Assembly and signed by the Governor 6-4-1991.
l.Â
The
notice of the time and place of holding the said Special Election
shall be printed in at least two (2) issues of a newspaper having
a general circulation in the City of Rehoboth Beach within thirty
(30) days immediately preceding the date of the Special Election.
m.Â
The
Mayor of the City of Rehoboth Beach shall appoint three (3) persons
to act as a Election Officials, if a Special Election is required.
The polling place shall be open from eleven o'clock (11:00) in
the morning, prevailing time, until seven o'clock (7:00) in the
evening, prevailing time, on the date set for the Special Election.
Persons in the polling place at seven o'clock (7:00) in the evening,
shall be entitled to vote even though such votes may be cast after
seven o'clock (7:00) in the evening.[8]
[8]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
n.Â
Immediately
after the closing of the polling place or places, the Election Officials
shall count the ballots for and against the proposition as presented,
and shall announce the results thereof. The Election Officials shall
make a certificate under their hands of the number of votes cast for
and against the proposed ordinance and the number of void votes, and
shall deliver the same to the Commissioners of Rehoboth Beach. The
said certificate shall be filed with the papers of the Commissioners
of Rehoboth Beach.[9]
[9]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
o.Â
The
form of the ballot of the said Election, whether the same be considered
at the Annual Municipal Election or at a Special Election shall be
as follows:
|
(Â Â Â )
(Â Â Â )
|
For the Referred Ordinance
Against the Referred Ordinance
|
|
(Check your preference)
| |
|
Paper ballots may be used in any Special Election on a referral
of an ordinance. The Commissioners of Rehoboth Beach shall cause to
be prepared and printed a sufficient number of ballots not less than
five (5) days prior to the date of the Special Election. Voting machines
shall be used if the referendum is held on the day of the Annual Municipal
Election.
|
p.Â
If
the majority of the residents and property owners voting on a referred
ordinance vote against such ordinance, it shall be considered repealed
upon the certification of the result of the election by the Election
Officials. No ordinance which as been repealed as the result of a
referendum shall be passed again in the same form by the Commissioners
of Rehoboth Beach for a period of six (6) months from the date of
the referendum.[10]
[10]
Editor's Note: This subsection was amended by the General
Assembly by 2007 Del. Laws, Ch. 61, approved by the Governor 6-28-2007.
q.Â
The
Commissioners of Rehoboth Beach may, in their sole discretion, elect
to adopt an ordinance subject to a referendum. In such event the Commissioners
of Rehoboth Beach shall, at the same time such ordinance is adopted,
pass a resolution subjecting such ordinance to a referendum. Upon
the passage of a resolution subjecting the ordinance to a referendum,
such ordinance shall be suspended from taking effect until thirty
(30) days after it is approved at a referendum. The referendum shall
be held on the date of the annual municipal election, and shall be
considered a part of that election. The referendum shall be held and
conducted and the results accepted according to the provisions of
Section 41A, Subsections k., l., m., n., o. and p. of the Charter
of the City of Rehoboth Beach, Delaware. If a majority of the residents
and property owners voting on the referred ordinance vote against
such ordinance, it shall be considered repealed upon the certification
by the Election Officials. No ordinance which has been repealed as
the result of a referendum shall be passed again in the same form
by the Commissioners of Rehoboth Beach within a period of six (6)
months from the date of the referendum.[11]
Nothing contained herein shall operate so as to require the
Commissioner of Rehoboth Beach to exercise their discretion to submit
any ordinance to a referendum; and nothing contained herein shall
operate to restrict the right of the residents and property owners
of the City of Rehoboth Beach to initiate a referendum pursuant to
Section 41A, Subsection a. through j. However, the decision of the
Commissioners to submit an ordinance to a referendum shall, in the
case of such ordinance, constitute the only referendum to which such
ordinance shall be subjected; and there shall be no right to subject
such ordinance to an additional or second referendum pursuant to 41A,
Subsections a. through j.[12]
[1]
Editor's Note: This section was added by House Bill No.
251 enacted by the 128th General Assembly during the First Session
of 1975 and signed by the Governor on 6-26-1975.
The Commissioner of Rehoboth Beach shall, within its sound discretion,
have the authority, by ordinance, or by resolution, to exempt, relieve,
release, and exempt any person, firm, association or corporation from
the payment of any or all taxes, assessments, license fees, or other
charges due the City for a period of not longer than ten (10) years;
provided, any such person, firm, association, corporation shall initially
expend, by way of permanent improvement or improvements in the City,
for the promotion of any enterprise, whether it be business, pleasure,
social, or otherwise, an amount equal to not less than Fifty Thousand
($50,000.00) Dollars.
[1]
Editor's Note: Former Section 42A, as amended by the
General Assembly by 2006 Del. Laws, Ch. 383, approved by the Governor
7-6-2006, which provided for the levy, assessment and collection of
taxes upon the transfer of real property or any interest in real property,
was repealed by the General Assembly by 2007 Del. Laws, Ch. 61, approved
by the Governor 6-28-2007.
A.Â
All
contracts for the purchase of materials or for the furnishing of services
authorized or permitted by this Charter shall be accomplished by competitive
bidding and the awarding of contracts to be to the lowest responsible
and responsive bidder.
B.Â
A
contract may be awarded to a bidder other than the lowest responsible
and responsive bidder if, in the opinion of The Commissioners, the
interest of the City shall be better served by awarding the contract
to another bidder. Such award shall be made only if the Commissioners
make a written determination of the award, describing the reasons
why such award better serves the interest of The City. Reason for
making such award may include, but are not limited to: unsatisfactory
performance on any previously awarded contract by the bidder rejected.
C.Â
Determination
of a Responsive and Responsible Bidder.
1.Â
The City Commissioners shall determine that a bidder is responsive
before awarding a contract to the bidder. A responsive bid shall conform
in all material aspects to the requirements and criteria set forth
in the contract plans and specifications.
2.Â
The Commissioners shall also determine that each bidder on any contract
is responsible before awarding the contract. Factors to be considered
in determining if a bidder is responsible include:
a.Â
The bidder's financial, physical, personnel or other resources,
including subcontracts;
b.Â
The bidder's record of performance and integrity;
c.Â
Whether the bidder is qualified legally to contract with the City
and;
e.Â
Any other specific criteria for a particular procurement, which the
City may establish; provided however, that the criteria shall be set
forth in the invitation to bid and is otherwise in conformity with
city, state and/or federal law.
D.Â
If
two or more responsible and responsive bidders shall bid an equal
amount and such amount shall be the lowest bid, the Commissioners
may award the contract to any one of them, or may reject all bids.
E.Â
The
Commissioners may reject all bids on any contract prior to the award
of the contract for any reason it believes to be in the best interest
of the City.
F.Â
Competitive
bidding shall not be required in any of the following circumstances:
1.Â
The aggregate amount of the contract involved is not more than ten
thousand dollars;
3.Â
The purchase or contract is for any service rendered by a university,
collection or other educational institution;
4.Â
The purchase or contract is for any service to be rendered by the
State of Delaware or any political subdivision thereof;
5.Â
The purchase or contract is for property or services for which it
is impracticable to obtain competition;
6.Â
The public exigency as determined by The Commissioners will not permit
the delay incident to advertising;
7.Â
The materials to be purchased are to be used to complete a project
under the supervision of the City Manager;
8.Â
The purchase or contract is for property or services for which The
Commissioners determine the prices received after competitive bidding
are unreasonable as to all or part of the requirement or were not
independently reached in open competition;
9.Â
A public emergency as determined by The Commissioners exists.
10.Â
The purchase or contract is for materials, motor vehicles, vehicles,
equipment of any kind, tools and other personal property which the
State of Delaware has purchased or has chosen for purchase pursuant
to the procedures provided by 29 Del. C. § 6901 et. seq.
or the vendor of said personal property has a contract with the Federal
General Services Administration and as a result has been placed on
the G.S.A. Federal Supply Schedule.
G.Â
Bidder
Pre-qualification Requirements.
1.Â
The City may require any potential bidder on a contract which involves
construction, reconstruction, demolition, alteration and repair work,
and/or maintenance work and where the aggregate amount of the contract
is more than fifty thousand dollars to complete a questionnaire containing
any or all of the following information for the purposes of pre-qualification:
a.Â
The most recent audited financial statement and/or financial statement
review, as provided by a certified public accountant, containing a
complete statement of that proposing contractor's financial ability
and standing to complete the work specified in the invitation to bid;
b.Â
The proposing contractor's experience on other public works
or private projects, including but not limited to, the size, complexity
and scope of the firm's prior projects;
c.Â
Performance reviews of the proposing contractor on previously awarded
public works or private construction projects within the last 10 years;
d.Â
Civil judgments and/or criminal history of the proposing contractor's
principals;
e.Â
Any debarment or suspension by any government agency;
f.Â
Any revocation or suspension of a license; or
g.Â
Any bankruptcy filings or proceedings.
2.Â
Based upon the proposing contractor's answers to the pre-qualification
questionnaire, The City may deny pre-qualification for any one of
the following specified reasons:
a.Â
Insufficient financial ability to perform the contract;
b.Â
Inadequate experience to undertake the project;
c.Â
Documented failure to perform on prior public or private construction
contracts, including but not limited to, final adjudication or admission
of violations of prevailing wage laws in Delaware or any other state;
d.Â
Prior judgments for breach of contract that indicate the proposing
contractor may not be capable of performing the work or completing
the project;
e.Â
Criminal convictions for fraud, misrepresentation or theft relating
to contract procurement;
f.Â
Inadequate labor supply available to complete the project in a timely
manner;
g.Â
Previous debarment or suspension of the contractor by any government
agency that indicates the proposing contractor may not be capable
of performing the work or completing the project;
h.Â
Previous revocation or suspension of a license that indicates the
proposing contractor may not be capable of performing the work or
completing the project;
i.Â
Previous bankruptcy proceedings that indicate the proposing contractor
may not be capable of performing the work or completing the project
or
j.Â
Failure to provide pre-qualification information.
3.Â
Denial of pre-qualification shall be in writing and shall be sent
to the contractor within 5 working days of such decision. The City
may refuse to provide any contractor disqualified under this section
the plans and specifications for the project. The City after receiving
a bid from a contractor disqualified under this section shall not
consider such bid.
H.Â
Any
contractor disqualified pursuant to paragraph G, of this section may
review such decision with the City Manager. No action in law or equity
shall lie against any agency or its employees, agents and/or consultants,
if the contractor does not first review the decision with the City
Manager. To the extent the contractor brings an action challenging
a decision pursuant to paragraph G of this section after such review
by the City Manager, the Court shall afford great weight to the decision
of the City Manager and shall not overturn such decision unless the
contractor proves by clear and convincing evidence that such decision
was arbitrary and capricious.
[1]
Editor's Note: This section was amended by House Bill
No. 423 and signed by the Governor 7-13-1981; and 4-29-2002 by 2002
Del. Laws Ch. 246.
The Commissioners of Rehoboth Beach are empowered, upon the
approval of the City Manager, to provide for the payment of all or
any taxes, fines, penalties, forfeitures, or other charges due the
City by the performance of labor for the City by those who may owe
any such taxes, fines, penalties, forfeitures or other charges, and
to make proper regulations and rules therefor. Such rules and regulations
shall not be binding upon the City Manager, nor shall be be forced
thereby to hire any person or employee, except that the same shall
first have met his approval.
a.Â
No
action, suit or proceeding shall be brought or maintained against
the Commissioners of Rehoboth Beach for damages, either compensatory
or punitive, on account of any physical injury or injuries, death
or injury to property by reason of the negligence, simple, gross,
willful or wanton of the said The Commissioners of Rehoboth Beach
or any of its departments, officers, agents or employees thereof,
unless the person by or on behalf of whom such claim or demand is
asserted, within ninety days from the happening of such injury or
the suffering of such damage, shall notify The Commissioners of Rehoboth
Beach in writing of the time, place, cause, character and extent of
the injuries sustained so enrolled or damages suffered.
It shall be the DUTY of The Commissioners, at reasonable time,
or times, to compile the ordinances, codes, orders, and rules of The
Commissioners of Rehoboth Beach. It shall have a reasonable number
of copies printed for the use of the officials of the City and for
public information. From time to time, upon the enactment of new ordinances,
codes, rules and regulations, or upon the enactment of amendments
to the same, The Commissioners shall enroll the same in the minutes
of The Commissioners and shall keep copies of the same in a book to
be provided for that purpose so that the same may be readily examined.
It shall furnish to the Mayor of the City of Rehoboth Beach copies
thereof as they are enacted; and therefrom may cause supplements to
be compiled and printed to any compendium thereof heretofore printed
as above provided.
The Commissioners of Rehoboth Beach shall have the power to
inquire into and investigate the conduct of any office, officer or
employee of the City and to make investigations of all municipal affairs,
and, for any such purpose or purposes, shall have the power to subpoena
witnesses, administer oaths and compel the production of books, papers
or other evidence.
a.Â
If
at any given time that any notice required by this Act and/or any
ordinance, rule, regulation or resolution adopted in pursuance thereof
to be published in a newspaper published in the City of Rehoboth Beach,
there shall then be no newspaper published in said City, or a temporary
or other secession of publication by all newspapers published in said
City, then in any such event The Commissioners of Rehoboth Beach shall
select a newspaper of general circulation, published outside of said
City but within the limits of Sussex County, Delaware, and such notice
shall be published in the newspaper so selected by The Commissioners
of Rehoboth Beach. Further, in any such event, any notice published
in the newspaper so selected by The Commissioners of Rehoboth Beach,
as aforesaid, conclusively shall be deemed to have been published
in full compliance of this Act and/or any ordinance, rules, regulation
or resolution adopted in pursuance thereof in respect of the publication
of such notice in a newspaper, notwithstanding anything hereinbefore
or hereinafter contained to the contrary.
b.Â
Excepting
as may be herein provided expressly to the contrary, every and all
Sections or parts of Sections of this Act shall become effective immediately
upon its approval.
c.Â
The
authority vested in The Commissioners of Rehoboth Beach and the taxables
of the City of Rehoboth Beach by Section 1 of this Act shall apply
with equal force and effect to all loans which may be required to
raise funds necessary to replace and/or repair all such public property
or estate as might have been so destroyed or damaged at a time or
times preceding the enactment and approval of this Act as well as
at a time or times after the date of the enactment and approval hereof.
d.Â
All
acts or parts of Act inconsistent with or in conflict with the provisions
of this Act are hereby repealed to the extent of such inconsistency
only.
e.Â
If
any part of this Act shall be held invalid or unconstitutional, such
holding shall not be deemed to invalidate the remaining provisions
hereof.
f.Â
This
Act shall be taken as and deemed to be a public act of the State of
Delaware.
All powers conferred upon or vested in the City of Rehoboth
Beach or The Commissioners of Rehoboth Beach by any Act or Law of
the State of Delaware not in conflict with the provisions of this
Charter, are hereby expressly conferred upon and vested in the City
of Rehoboth Beach and/or The Commissioners of Rehoboth Beach precisely
as if each of said powers was expressly repeated in this Charter.
All ordinances adopted by The Commissioners of Rehoboth Beach
and in force at the time of the approval, acceptance and going into
effect of this Charter are continued in Force until the same or any
of them, shall be repealed, modified or altered by The Commissioners
of Rehoboth Beach under the provisions of this Charter.
All the acts and doings of The Commissioners of Rehoboth Beach
or of any official of the City of Rehoboth Beach which shall have
been lawfully done or performed under the provisions of any Law of
this State or of any ordinance of The Commissioners of Rehoboth Beach,
prior to the approval, acceptance and going into effect of this Charter,
are hereby ratified and confirmed, unless otherwise provided herein.
All taxes, assessments, license fees, penalties, fines, forfeitures
due The Commissioners of Rehoboth Beach or The City of Rehoboth Beach
shall be due the City of Rehoboth Beach or The Commissioners of Rehoboth
Beach, and all debts due from the City or The Commissioners shall
remain unimpaired until paid by the City of Rehoboth Beach or The
Commissioners of Rehoboth Beach.
All powers granted by this Charter in respect to the collection
of taxes, license fees, assessments or other charges shall be deemed
to apply and extend to all unpaid taxes, license fees, assessments
or other charges heretofore lawfully imposed by The Commissioners
of Rehoboth Beach.
The Bonds given by or on account of any official of the City
of Rehoboth Beach shall not be impaired or affected by the provisions
of this Charter.
All Acts or parts of Acts inconsistent with or in conflict with
the provisions of this Charter are hereby repealed.
If any part of this Charter shall be held to be unconstitutional,
such holding shall not be deemed to invalidate the remaining provisions
of this Charter.
The Charter shall be taken as and deemed to be a Public Act
of the State of Delaware.
Approved December 20, 1963.
