[HISTORY: Adopted as Chapter 457, Volume
60, of the Laws of Delaware (formerly House Bill No. 569). Amendments
noted where applicable.]
The inhabitants of the Town of Millsboro within
the corporate limits as hereinafter defined in this Charter or as
extended as hereinafter provided are hereby declared to be a body
politic incorporated in law and equity and shall be able and capable
to sue and be sued, plead and be impleaded, answer and be answered,
defend and be defended in all courts of judicature whatsoever by the
corporate name of the "Town of Millsboro."
The present boundaries and limits of the Town
of Millsboro are hereby established and declared to be, as follows:
Beginning at a point on the northerly edge of
Millsboro Mill Pond, on a line of the American Legion west property
line projected across the pond; thence S 231/2° W 606 feet to
a point in the south right-of-way of State Street; thence, south 55°
18' W 1,232 feet to a point which is 150 feet distant from the north
right-of-way of Monroe Street; thence parallel to Monroe Street and
150 feet from north right-of-way N 61° 5' W 277 feet and N 51°
10' W 1,220 feet, crossing highway R 82 to a point 500 feet west of
the west right-of-way measured at a right angle therefrom; thence,
parallel to the west right-of-way of R 82 and 500 feet therefrom S
4° W 580 feet to center of R 82A; S 2° 45' W 800 feet and
S 0° 55' W 2,130 feet to the center of R 24; thence, continuing
with R 82, now a thirty-foot county road and 515 feet W of right-of-way
line S 0° 15' W 500 feet and S 2° E 875 feet to a point in
the center line of Route 339 projected to this point; thence, S 50°
E to the run of Iron Branch; thence, with the run of Iron Branch crossing
R 113 to the center of highway R 334-A (Mitchell Street extended);
thence with center line of Street N 22° 45' E 2,160 feet to the
Tiger Valley Ditch; thence southeasterly and northeasterly with the
Tiger Valley Ditch around the cemetery to the southerly edge of highway
R 331 (State Street extended); thence, with southerly edge of State
Street northeasterly 1,219 feet; thence N 29° 15' E 462 feet to
a monument at southwest corner of Houston Street; thence with southerly
line of Houston Street S 62° 30' E. 310 feet to the edge of Indian
River; thence at a right angle N 27° 30' E across Indian River
to the north edge of the river; thence with the north edge of Indian
River and of the Millsboro Mill Pond to the place of beginning.
In the event it becomes feasible and necessary
in the future for the Town to enlarge its then existing limits and
territory, such annexation accomplished pursuant to the following
procedures shall be lawful:
3.1
Initiation of annexation proceedings when all owners
petition.
3.1.1.
The written Petition, by all of the property owners
of a territory contiguous to the then existing corporate limits and
territory of the Town, with the signature of each such Petitioner
duly acknowledged, presented to the Council shall include a description
of the territory requested to be annexed, the reasons for the requested
annexation, and the zoning designation to be applied.
3.1.2.
The Mayor shall, by Resolution, appoint a Committee
composed of not less than three of the members of the Council to investigate
the possibility of annexation and the appropriateness of the zoning
designation.
3.1.3.
Not later than 90 days following its appointment by
the Mayor, as aforesaid, the Committee shalt submit a written report
containing its findings and conclusions to the Town Council. The report
so submitted shall include the advantages and disadvantages of the
proposed annexation both to the Town and to the territory proposed
to be annexed, shall contain the recommendation of the Committee whether
or not to proceed with the proposed annexation, and the reasons therefor,
as well as its recommendation for zoning.
3.1.4.
In the event that the Committee appointed by the Mayor
concludes that the proposed annexation is advantageous both to the
Town and to the territory proposed to be annexed, the Town Council
may then pass a second Resolution fixing a time and place for a public
hearing on the subject of the proposed zoning to be applied to the
property proposed for annexation.
3.1.5.
Following the public hearing, the Town Council may
then pass a third Resolution annexing such territory to the Town and
designating the zoning district of said territory. Such Resolution
shall be passed by the affirmative vote of a majority of all the members
of Town Council.
3.1.6.
In the event that the Committee appointed by the Mayor
concludes that the proposed annexation is disadvantageous either to
the Town or to the territory proposed to be annexed, the procedure
to be followed shall be the same as hereinafter provided as if the
annexation were proposed by five or more property owners but less
than all the property owners of a territory contiguous to the then
limits and territory of the Town.
3.2
Fewer than all property owners petition. If five or
more property owners but less than all of the property owners of a
territory contiguous to the then limits and territory of the Town
by written Petition with the signature of each such Petitioner duly
acknowledged shall request the Town Council to annex that certain
territory in which they own property, the Petition presented to the
Town Council shall include a description of the territory requested
to be annexed, the reasons for the requested annexation, and the zoning
designation or designations to be applied.
3.2.1.
The Mayor shall, by Resolution, appoint a Committee
composed of not less than three of the members of the Council to investigate
the possibility of annexation.
3.2.2.
In the alternative, the Town Council, by a majority
vote of the elected members thereof, may, by resolution, propose that
a committee composed of not less than three of the members of the
Town Council be appointed to investigate the possibility of annexing
any certain territory contiguous to the then limits and territory
of the Town of Millsboro.
3.2.3.
Not later than 90 days following its appointment by
the Mayor or Town Council, as aforesaid, the Committee shall submit
a written Report containing its findings and conclusions to the Mayor
and the Council. The Report so submitted shall include the advantages
and disadvantages of the proposed annexation both to the Town and
to the territory proposed to be annexed, shall contain the recommendation
of the Committee whether or not to proceed with the proposed annexation,
and the reasons therefor, as well as its recommendation for zoning.
3.2.4.
In the event that the Committee appointed by the Mayor
or Town Council concludes that the proposed annexation is advantageous
both to the Town and to the territory proposed to be annexed, within
60 days after receiving a report, a second Resolution shall propose
to the property owners and residents of both the Town and the territory
proposed to be annexed that the Town proposes to annex certain territory
contiguous to its then limits and territory. The second 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 and zoning.
3.2.5.
In the event that the Committee appointed by the Mayor
or Town Council concludes that the proposed annexation is disadvantageous
either to the Town or to the territory proposed to be annexed, the
Resolution proposing annexation to the property owners and residents
shall require the affirmative vote of 3/4 of all the members of the
Mayor and Council. If the Resolution shall fail to receive the affirmative
vote of 3/4 of the members of the Town Council, the territory proposed
to be annexed shall not again be considered for annexation for a period
of at least one year from the date that the Resolution failed to receive
the required affirmative vote.
3.2.6.
The said second Resolution adopted by the Town Council
setting forth the above information shall be printed in a newspaper
having a general circulation in the Town at least 15 days prior to
the date set for the public hearing, or, at the discretion of the
Town Council, the said Resolution shall be posted in four public places
both in the Town and in the territory proposed to be annexed.
3.2.7.
Following the public hearing, but in no event later
than 45 days thereafter, a third Resolution, adopted by a majority
of the members of the Town Council, shall order a Special Election
to be held not less than 30 nor more than 90 days after the said public
hearing on the subject of the proposed annexation. Passage of this
Resolution shall ipso facto be considered the determination of the
Council to proceed with the matter of the proposed annexation.
3.2.8.
The notice of the time and place of said Special Election
shall be printed within 30 days immediately preceding the date of
this Special Election in at least two issues of one newspaper having
a general circulation in the Town, or, in the discretion of the Town
Council, the said notice may be posted in four public places, both
in the Town and in the territory proposed to be annexed at least 15
days prior to the date set for the said Special Election.
3.2.9.
At the Special Election, every property owner, whether
an individual, partnership, corporation or other entity, both in the
Town and in the territory proposed to be annexed shall have one vote.
Every resident of either the Town or of the territory proposed to
be annexed over the age of 18 years who is not a property owner shall
have one vote. In the case of property owned by more than one person,
firm, corporation, other entity or any combination thereof whether
as tenants in common, joint tenants or as tenants by the entireties,
each such joint owner shall have one vote.
|
In the event that a person owns property or
has an ownership interest in property both in the Town and in the
territory proposed to be annexed and resides in either place, he or
she may vote only where he or she resides. In the event that a person
owns property both in the Town and in the territory proposed to be
annexed but does not reside in either place, he or she may vote only
in the Town and not in the territory proposed to annexed. Property
owners whose property is exempt from taxation or is not assessed for
taxation shall not be entitled to vote. The books and records of the
Town, in the case of property owners and residents of the Town, and
the books and records of the Board of Assessment of Sussex County,
in the case of property owners and residents of the territory proposed
to be annexed, shall be conclusive evidence of the right of such property
owners and residents to vote at the Special Election.
|
3.2.10.
In the event that an individual on behalf of
a partnership, corporation, or other entity holds an unrevoked Power
of Attorney duly executed and acknowledged specifically authorizing
the said individual to vote at the said Special Election, a duly authenticated
copy of the Power of Attorney shall be filed in the Office of the
Town. Said Power of Attorney so filed shall constitute conclusive
evidence of the right of said person to vote in the Special Election.
3.2.11.
The Town Council shall cause voting machines
to be used in the Special Election, the form of ballot to be printed
as follows:
|
[ ]
|
For the proposed annexation
| |
|
[ ]
|
Against the proposed annexation
|
3.2.12.
The Mayor shall appoint three persons to act
as a Board of Special Election, at least one of whom shall own property
in the Town and at least one of whom shall own property in the property
proposed to be annexed. One of the said persons so appointed shall
be designated the Presiding Officer. Voting shall be conducted in
a public place as designated by the Resolution calling the Special
Election. The Board of Special Election shall have available, clearly
marked, two voting machines. All votes cast by those persons, partnerships,
corporations or other entities authorized to vote as residents or
property owners in the territory proposed to be annexed shall be accomplished
on one such voting machine and all ballots cast by those persons,
partnerships, or corporations who are authorized to vote as residents
or property owners of the Town shall be accomplished on the other
such voting machine. The polling place shall be open from 1:00 p.m.,
prevailing time until 7:00 p.m., prevailing time, on the date set
for the Special Election. All persons in the polling place at the
time of the closing of the polls shall be permitted to vote, even
though such votes are not cast until after the time for the closing
of the polls.
3.2.13.
Immediately upon the closing of the polling
place, the Board of Special Election shall count the ballots for and
against the proposed annexation and shall announce the result thereof;
the Board of Special Election shall make a Certificate under their
hands of the votes cast for and against the proposed annexation and
the number of void votes and shall deliver the same to the Town Council.
Said Certificate shall be filed with the papers of the Council.
3.2.14.
In order for the territory proposed to be annexed
to be considered annexed, a majority of the votes cast both from the
Town and from the territory proposed to be annexed must have been
cast in favor of the proposed annexation. In the event that the Special
Election results in an unfavorable vote for annexation, no part of
the territory considered at the Special Election for annexation shall
again be considered for annexation for a period of at least one year
from the date of said Special Election. if a favorable vote for annexation
shall have been cast, the Town Council shall cause a description and
a plot of the territory so annexed to be recorded in the Office of
the Recorder of Deeds, in and for Sussex County, but in no event shall
said recordation be completed more than 90 days following the date
of the said Special Election. The territory considered for annexation
shall be considered to be a part of the Town from the time of recordation.
The failure to record the description or the plot within the specified
time shall not make the annexation invalid, but such annexation shall
be deemed to be effective at the expiration of the ninety-day period
from the date of the favorable Special Election.
3.3
Annexation Agreement.
3.3.1.
Notwithstanding any provision herein to the contrary,
where, pursuant to this § 3 of this Charter, annexation
proceedings are initiated by a property owner(s) holding record title
to real property in territory contiguous to the then existing corporate
limits of the Town, such petition may be made contingent upon an annexation
agreement with the Town which agreement may address any matters which
would be relevant to the subject lands, if annexed. By way of example
and not in limitation, such agreement may address zoning, subdivision
approval, tax relief, public utilities, and public improvements. In
the event the Town Council approves such an agreement and votes to
accept a petition under this § 3 of this Charter, such Annexation
Agreement shall be deemed a material part of the annexation and shall
be included in all subsequent steps of the annexation procedure; that
is, (1) the resolutions and notices adopted by the Town Council shall
recite that the proposed annexation includes and is subject to an
annexation agreement, shall briefly summarize its terms, and shall
state that copies of the Agreement are available upon request at the
Town Hall; (2) if the results of the election are favorable to the
proposed annexation as provided by § 3.2.14 of this Charter,
the resolution annexing the territory shall recite that the annexation
is subject to an annexation agreement and shall incorporate the terms
of such agreement by specific reference; and the parties shall be
bound to honor the provisions of such agreement unless released therefrom
by the other party.
3.3.2.
Provided, further, that no agreement made at the time of annexation under this § 3.3 shall extend beyond seven years from the date the property is annexed into the Town; and such agreements shall be null and void, and unenforceable after the expiration of seven years.
3.3.3.
An annexation agreement may be modified or amended by mutual agreement of the petitioner and the Town Council at any time prior to the resolution ordering the special election pursuant to § 3.2.7 of this Charter, but any material modification or amendment shall be deemed to be the withdrawal of the original petition and the filing of a new petition under § 3.1. or § 3.2.
3.4
Additional Annexation Procedures.
3.4.1.
If the territory proposed to be annexed includes only
territory which is exempt from taxation, which is owned by the State
of Delaware, or which is not assessed on the books of the Board of
Assessment of Sussex County, no election shall be necessary and the
Town Council may proceed to annex such territory by (1) receiving
a certified copy of a Resolution requesting such annexation if such
property is owned by a corporation; (2) by a written Petition with
the signature of each such Petitioner duly acknowledged if such property
is owned by an individual, requesting the Town Council to annex that
certain territory in which they own property; or (3) by resolution
of the Town Council.
3.4.2.
The certified copy of the Resolution or the Petition
shall include a description of the territory requested to be annexed,
the zoning designation to be applied, and the reasons for the requested
annexation.
3.4.3.
Upon receipt of the certified copy of the Resolution
or the Petition, the Mayor shall, by resolution, appoint a committee
composed of not less than three of the members of the Council to investigate
the possibility of annexation.
3.4.4.
Not later than 90 days following its appointment by
the Mayor, as aforesaid, the Committee shall submit a written report
containing its findings and conclusions to the Town Council. The report
so submitted shall include the advantages and disadvantages of the
proposed annexation both to the Town and to the territory proposed
to be annexed and shall contain the recommendation of the Committee
whether or not to proceed with the proposed annexation and the reasons
therefor as well as its recommendation for zoning.
3.4.5.
In the event that the Committee appointed by the Mayor
concludes that the proposed annexation is advantageous both to the
Town and to the territory proposed to be annexed, the Town Council
may then pass a second Resolution fixing a time and place for a public
hearing on the subject of the proposed zoning to be applied to the
property proposed for annexation. Such Resolution, to be effective,
shall be passed by the affirmative vote of a majority of all the members
of the Town Council.
3.4.6.
Following the public hearing, the Town Council may
then pass a third Resolution annexing such territory to the Town and
designating the zoning district of said territory. Such Resolution
shall be passed by the affirmative vote of a majority of all the members
of Town Council.
3.4.7.
If the Resolution fails to receive the required number
of votes, no part of the territory proposed for annexation shall again
be proposed for annexation for a period of at least one year from
the date that the Resolution failed to receive the required votes.
3.4.8.
If the Resolution receives the required number of
votes, the Town Council shall cause a description and a plot of the
territory so annexed to be recorded in the Office of the Recorder
of Deeds, in and for Sussex County, and in no event shall such recordation
be completed more than 90 days following the passage of the Resolution.
The territory considered for annexation shall be considered to be
a part of the Town from the time of recordation. The failure of the
Town Council 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-day
period from the date of the passage of the Resolution.
3.5
Highways, Streets, Roads and Alleys; Ponds, Canals,
Streams, and Other Waters. Contiguity with the Town's existing corporate
limits, or with other territory which is itself contiguous with the
Town's existing corporate limits, shall not be deemed interrupted
by the existence of any highway, street, road, alley, pond, canal,
stream, or other body of water which passes through, or lies within
the territory to be annexed.
3.6
Limitations. No action contesting the annexation of
any territory under this section shall be brought after the expiration
of 60 days from the publication of a notice in at least two newspapers,
both of general circulation in the Town and in the territory annexed,
which notice shall contain the following information:
3.6.1.
Notice that the Town has annexed such territory and
a description thereof.
3.6.2.
Notice that any person or other legal entity desiring
to challenge such annexation must bring his or her or its action within
60 days from the date of publication of such notice or forever be
barred from doing so.
3.6.3.
Such notice shall be in bold print or bordered in
black in such manner as to call attention thereto.
3.6.4.
In addition to publication as herein provided, the
Town Council shall cause a public notice, containing the information
set out in subsections § 3.4.3.1. and § 3.4.3.2.
above (using date of 'posting' for date of 'publication'), to be posted
in at least five public places in the Town and in at least one place,
viewable to the public, in the territory proposed to be annexed.
The government of the Town and the exercise
of all powers conferred by this Charter, except as otherwise provided
herein, shall be vested in the Town Council. The Town Council shall
be composed of seven members, each of whose terms shall be for a period
of three years, commencing at the annual meeting of the Town Council
following his election and continuing until his successor is duly
elected and qualified. Six members of the Town Council shall be nominated
and elected from the several districts in which they reside, and one
member shall be nominated and elected from the Town at large. One
of the members of the Town Council shall be elected President of the
Town Council and upon his election shall have the title of Mayor of
the Town of Millsboro and shall perform all duties prescribed herein
to be performed by the Mayor of the Town of Millsboro.
There are hereby created and established three
representative districts for the Town of Millsboro, as follows:
(a)
District One: the area located north of United States
Route 113 and east of Main Street to the Town limits.
(b)
District Two: the area located north of United States
Route 113 and west of Main Street to the Town limits.
(c)
District Three: the area located south of United States
Route 113 to the Town limits.
The qualifications for Town Councilman at the
time of his election shall be as follows:
Each candidate for Town Councilman shall be
nominated as follows:
(a)
Each candidate shall notify the Town Manager in writing
of his candidacy for the office of Town Councilman.
(b)
All such notifications of candidacy must be filed
in the Town Office during the regular business hours of the Town on
or before the close of business on the last Friday in the month of
May; and thereupon it shall be the duty of the Town Manager to have
a list of all candidates so filed with him printed in a newspaper
of general circulation in the Town of Millsboro at least five days
prior to the date of said annual municipal election next ensuing;
or, in the discretion of the Town Council, the Secretary may post
a list of names of all candidates designating the office sought by
each candidate in at least five public places in the Town, such public
places to be designated by the Town Council. One of said public places
shall be in the Town Hall of the Town of Millsboro.
(c)
In the event that the Town Manager is unable to act because of illness, absence or for any other reason whatsoever, the names of all candidates shall be filed with the Vice President of the Town Council who shall thereupon perform the duties required of the Town Manager in Subsection (b) of this section.
The procedure for holding the annual municipal
election shall be as follows:
(a)
The annual municipal election shall be held at a place
designated by the Town Council within the corporate limits of the
Town of Millsboro on the second Saturday in June of each and every
year from 1:00 p.m., prevailing time, until 7:00 p.m., prevailing
time, the first said annual municipal election to be held pursuant
to this Charter to be held on the second Saturday in June, A.D. 1977.
(b)
At the annual municipal election to be held on the
second Saturday in June, A.D. 1977, one Councilman from the First
District and one Councilman from the Second District shall be elected.
Each of the Councilmen who are elected shall serve for a term of three
years, or until his successor has been duly elected and qualified.
(c)
At the annual municipal election to be held on the
second Saturday in June, A.D. 1978, one Councilman shall be elected
from the Second District, one Councilman from the Third District,
and one Councilman at large who may reside in any district. Each of
the Councilmen so elected shall serve for a period of three years
or until his successor has been duly elected and qualified.
(d)
At the annual municipal election to be held on the
second Saturday in June, A.D. 1979, there shall be elected from the
First District one Councilman and from the Third District one Councilman,
each of whom shall hold office for a period of three years or until
his successor is duly elected and qualified.
(e)
Thereafter, at each annual municipal election, there
shall be elected two Councilmen who shall serve for a term of three
years, or until their successors have been duly elected and qualified,
except at the annual municipal election in the year when the Councilman
at large is to be elected, at which time there will be three Councilman
elected.
(f)
The members of the Commissioners of Millsboro who
hold office at the time of passage of this Act shall continue to hold
office as members of the Town Council of the Town of Millsboro until
their respective successors have been duly elected and qualified.
(g)
The annual municipal election shall be conducted by
a Board of Election consisting of an inspector and two judges appointed
by the Mayor of the Town of Millsboro with the concurrence of a majority
of the members of the Town Council not later than the last regular
meeting of the Town Council prior to the date of the annual municipal
election. The Board of Election shall determine who is and who is
not lawfully entitled to vote thereat, take reasonable steps to see
that the law pertaining to the annual municipal election receives
compliance and for the purpose of counting the votes and certifying
the result to the Town Council. If any of the officers so chosen and
designated to conduct the annual municipal election shall not be present
at the polling place at the time designated for the holding of the
annual municipal election, it shall be lawful for the qualified voters
present at the polling place at the time of holding said annual municipal
election to elect from among their own number a person to fill each
vacancy in such Board of Election caused by the absence of any member
of the Board of Election. The Board of Election shall keep a list
of all persons who voted at such annual municipal election.
(h)
At such annual municipal election, every person, male
or female, who shall have attained the age of 18 years on the date
of said annual municipal election and who shall be a bona fide resident
of the Town of Millsboro shall have one vote.
(i)
The Town Council may, by ordinance, provide for any
qualified voter to cast an absentee ballot if such person is unable
to appear and cast his or her ballot.
(j)
In the event that no person files or is nominated
for office for which an election is to be held within the time set
forth in § 7 of this Charter, the incumbent shall be deemed
to be reelected for a full term, and it shall not be necessary to
have an election.
(k)
In the event that only one person files or is nominated
for office for which an election is to be held within the time set
forth in § 7 of this Charter, the person who files or who
is nominated shall be deemed to be elected for a full term, and it
shall not be necessary to have an election.
(a)
Before entering upon the duties of their respective
offices, the Councilmen Elect shall be sworn by a notary public to
perform faithfully and impartially the duties of their respective
offices with fidelity. At the first regular meeting following the
annual municipal election, the Town Council shall meet at the Council
Chamber, and the newly elected officers shall assume the duties of
office, being first duly sworn or affirmed to perform their duties
with fidelity, as aforesaid.
(b)
At the annual meeting held on the first regular meeting
following the annual municipal election, the Town Council shall organize
and elect a President and a Vice-President who shall hold office for
the term of one year or until their respective successors shall be
duly qualified and elected. The person elected as President of the
Town Council shall have the title of Mayor of the Town of Millsboro.
The Town Council shall likewise select a Secretary and a Treasurer
from their own number to serve until the first regular meeting after
the next annual municipal election.
The Town Council of the Town of Millsboro shall
hold one meeting in each month on the first Monday of the month. If
the first Monday of the month shall be a legal holiday, the monthly
meeting of the Town Council of the Town of Millsboro shall be held
on the next succeeding regular business day.
|
(71 Del. Laws, c. 41, § 2)
|
A majority of the members elected to the Town
Council shall constitute a quorum at any regular or special meeting,
but a lesser number may adjourn from time to time and may compel the
attendance of absent members in such manner and under such penalties
as may be prescribed by ordinance.
The Council shall determine its own rules and
order of business and shall keep a journal of its proceedings and
the yeas and nays shall be taken upon the passage of every ordinance
and resolution and shall be entered in the journal with the text of
the ordinance or resolution.
If any vacancy shall occur in the office of
Councilman by death, resignation, loss of residence in the district
which the Councilman represents, loss of residence in the Town of
Millsboro, refusal to serve, or otherwise, the same may be filled
by a majority vote of the remaining members of the Town Council, the
person or persons so chosen to fill such vacancy shall be qualified
as in the case of newly elected members and shall hold office for
the remainder of the unexpired term.
If any Councilman, during his term of office,
shall be found guilty of any crime or misdemeanor and sentenced to
imprisonment for any term whatever, or shall for any reason cease
to be a resident of the district which he represents in the case of
those members of Council elected from a particular district or shall
for any reason cease to be a resident of the Town, he shall forthwith
be disqualified to act as a member of Council, and his office shall
be deemed vacant and shall be filled by the Town Council, as aforesaid.
(a)
It shall be unlawful for the Town Council to make
or enter into any contract in excess of $500 for materials, supplies,
services, work or labor, for the benefit and use of the Town of Millsboro,
with any member of the Town Council or with any partnership in which
any member of the Town Council is a general partner, or with any corporation
in which any member of the Town Council is a director or controlling
stockholder or any firm or company which any member of the Town Council
is pecuniarily interested, provided that if all the elected members
of the Town Council shall vote to enter into such contract, then the
Town may enter into such a contract. Any such contract executed without
such unanimous vote shall be absolutely null and void.
(b)
All contracts for the purpose of materials or for the furnishing
of services authorized or permitted by this Charter must be accomplished
by competitive bidding and the awarding of contracts to the lowest
responsible and responsive bidder.
(c)
Notwithstanding Subsection (b) of this section, a contract may be awarded to a bidder other than the lowest responsible and responsive bidder if, in the opinion of the Town Council, the interests of the Town are better served by awarding the contract to another bidder. The Town Council may make an award under this subsection only if the Council makes a written determination of the award, describing the reasons why the award better serves the interest of the Town. Reasons for making an award under this section include unsatisfactory performance on any previous awarded contract by the rejected bidder.
(d)
Determination of a responsive and responsible bidder.
(1)
The Town Council shall determine that a bidder is responsive before
awarding a contract to the bidder. A responsive bid must conform in
all material aspects to the requirements and criteria set forth in
the contract plans and specifications.
(2)
The Town Council shall determine that each bidder on any contract
is responsible before awarding the contract. The following factors
are to be considered in determining if a bidder is responsible:
a.
The bidder's financial, physical, personnel, or other resources,
including subcontracts and the availability of the bidder's representative
to call on and consult with the Town.
b.
The bidder's record of performance and integrity.
c.
Whether the bidder is qualified legally to contract with the Town.
d.
Whether the bidder supplied all necessary information concerning
its responsiveness.
e.
Any other specific criteria for a particular procurement, which the
Town may establish. The criteria must be set forth in the invitation
to bid and be otherwise in conformity with state or federal law.
(e)
The Town Council may reject all bids on any contract before the award
of the contact for any reason it believes to be in the best interest
of the Town.
(f)
Competitive bidding is not required in any of the following circumstances:
(1)
The aggregate amount involved is not more than $50,000.
(2)
The purchase or contract is for personal or professional services.
(3)
The purchase or contract is for any service rendered by a university,
college or other educational institution.
(4)
The purchase or contract is for any service to be rendered by the
State of Delaware or any political subdivision.
(5)
The purchase or contract is for property or services for which it
is impracticable to obtain competition.
(6)
The public exigency, as determined by the Town Council, will not
permit the delay incident to advertising.
(7)
The materials to be purchased are to be used to complete a project
under the supervision of the Town Manager.
(8)
The purchase or contract is for property or services for which the
Town Council determines the price received after competitive bidding
is unreasonable as to all or part of the requirement or not independently
reached in open competition.
(9)
A public emergency as determined by the Town Council exists.
(g)
Notwithstanding Subsections (a) through (f) of this section, and without complying with the competitive bidding procedure of this section, the Town Council may enter into any contract necessary or desired in connection with a special development district or tax increment financing district created or designated by the Town Council under § 34B of this Charter except a contract in which the Town Council is directly contracting for the procurement of the labor or material for public improvements for the benefit of such district, provided that the foregoing exception does not apply to development or similar type contracts between the Town Council and an owner of real property in such district when the contract is generally for the transfer by the owner to the Town Council of the work performed and the cost of labor or material provided by such owner for the benefit of such district.
(a)
The President of the Town Council shall preside at
all meetings thereat and shall vote on all matters brought before
the Town Council for a vote. He shall appoint all committees, receive
complaints of nuisances and other complaints of citizens concerning
violations of law and ordinances. He shall present a report of complaints
and nuisances and violations of law and ordinances to the Town Council
at the first regular meeting after receiving such complaints. He may
require the Alderman or the Assistant Alderman, as hereinafter provided
for in this Act, to proceed upon such infractions or violations of
law and ordinances immediately in the event that he deems such action
to be required. The President of the Town Council shall perform such
other duties and have such other powers as the Town Council shall
determine not in conflict with the provisions of this Charter. The
Mayor shall be empowered to act on behalf of the Town, without prior
Town Council approval, in the event of a sudden emergency requiring
prompt action, in order to protect the public health, safety and welfare
of the Town, its inhabitants and property owners. A "sudden emergency,"
for purposes of this section, shall include, by way of example and
not limitation, a major fire or conflagration, significant flooding
or serious storm threatening significant damage, a civic disturbance
or a toxic spill. A sudden emergency shall also include any emergency
situation as declared by any county, state or federal agency having
jurisdiction over the Town where the scope of the emergency so declared
includes the Town.
(b)
The President of the Town Council, within 30 days
following his election, may appoint, by and with the advice and consent
of a majority of the elected members of the Town Council, two suitable
persons who shall be qualified voters of the Town of Millsboro to
act as Alderman and Assistant Alderman. Both the Alderman and the
Assistant Alderman shall hold office until each successor shall be
duly appointed and chosen.
(c)
The President of the Town Council may, for any reasonable
cause, by and with the consent and upon the address of a majority
of all the members of the Town Council, remove from office any person
appointed by him or any of his predecessors. The person against whom
the Council may be about to proceed shall receive five days' written
notice thereof, accompanied by a statement of the cause alleged for
the removal and shall be accorded a full and fair hearing, if such
a request is received by the President of the Town Council by certified
mail with return receipt requested within 10 days following the date
that notice of removal is received by such person.
(d)
The President of the Town Council may appoint such
other committees as he deems necessary for the proper administration
of the Town of Millsboro or the Council may, by resolution, authorize
the President of the Town Council to appoint certain committees which
are deemed necessary to carry out the provisions of this Act.
(e)
It shall be the duty of the Vice President of the
Town Council, in the absence of the President, to preside at all meetings
of the Town Council in the event of absence of the President and perform
such other duties and to have such other powers of the President as
are prescribed by the Charter of the Town of Millsboro or by any ordinance
of the Town Council.
|
(70 Del. Laws, c. 443, § 14)
|
(a)
The Secretary shall have charge and custody of books,
journals, records, papers and other effects of the Town and shall
keep the same in a safe and secure place. He shall keep a full and
complete record of all the transactions in the Town of Millsboro.
He shall be a voting 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 Town Council of the Town of Millsboro. He shall file
and keep in a safe place the Seal of the Town of Millsboro and all
papers and documents arising out of the proceedings of the Town Council
of the Town of Millsboro relative to the affairs of the Town. He shall
deliver the same to his successor in office. He shall attest the Seal
of the Town of Millsboro when authorized by the Town Council and shall
perform such other duties and have such other powers as may be prescribed
by ordinance.
(b)
All books, records and journals of the Town of Millsboro
in the custody of the Secretary may, in the presence of the Mayor,
Secretary, Assistant Secretary or any member of the Town Council of
the Town of Millsboro, be inspected by any voter of the Town desiring
legitimate information at any time, or times, as may be convenient
and will not interfere with the regular routine of the business of
the Town.
(c)
All books, records, papers and documents in the custody
of the Secretary shall be open for inspection by members of the Town
Council of the Town of Millsboro.
(a)
The Treasurer shall be the custodian of all the funds
of the Town. He shall deposit, or cause to be deposited, such funds
in such banking institutions as may be prescribed by the Town Council.
The Treasurer, together with such other members of the Town Council
as shall be authorized by resolution of the Town Council, shall be
authorized to execute checks, but no funds shall be paid out except
as authorized by the Town Council.
(b)
The Treasurer shall keep a true, accurate and detailed
account of all funds received and of all funds paid out by the Treasurer.
The Treasurer shall preserve all vouchers for moneys paid out, and
the books and records shall, at all times, be open to inspection by
any member of the Town Council. The Treasurer shall make a report
at each regular meeting of the Town Council and at such other times
as may be required by the Town Council. All such reports shall be
a part of the minutes of the Town Council.
(c)
The Treasurer shall file with the Town of Millsboro
a bond with corporate surety approved by the Town Council in a sum
not less than $25,000, the premium for said bond to be paid by the
Town Council. The bond shall be conditioned upon the faithful performance
by the Treasurer of his duties of office and the restoration to the
Town in the case of his death, resignation or removal from office
of all books, papers, vouchers, funds and other property of whatever
kind in his possession belonging to the Town of Millsboro.
(d)
Annually each year and not later than 60 days prior
to the beginning of the next fiscal year, the Treasurer shall prepare
a rough draft of a Town Budget. From this rough draft, the Town Council
shall prepare the Town Budget.
(a)
The Mayor may appoint some suitable person to act
as Alderman and may appoint some suitable person to act as Assistant
Alderman; such persons shall be members in good standing of the Bar
of the State of Delaware and shall meet the standards established
for magistrates and justices of the peace for the State of Delaware.
Any person appointed by the Mayor to serve as Alderman or Assistant
Alderman shall be at least 21 years of age, shall be of good character
and reputation and shall be a resident of the Town of Millsboro and
shall not be a member of the Town Council of the Town of Millsboro.
Any person appointed by the Mayor to serve as Alderman or Assistant
Alderman shall be appointed for an indefinite term, and any such appointment
shall be confirmed by a majority of all members of the Town Council
of the Town of Millsboro. Either the Alderman or the Assistant Alderman
may be removed from office at any time, with or without cause, by
the affirmative vote of 2/3 of all the elected members of the Town
Council of the Town of Millsboro.
(b)
Before entering upon the duties of his office, the
person appointed by the Mayor to serve as Alderman and the person
appointed by the Mayor to serve as Assistant Alderman shall be sworn
or affirmed by the Mayor to perform the duties of his office honestly,
faithfully and diligently and to uphold and enforce the Charter of
the Town of Millsboro and ordinances duly enacted by the Town Council
of the Town of Millsboro and to carry into effect all orders of the
Town Council of the Town of Millsboro made pursuant to any law of
this state. The Assistant Alderman shall perform the functions of
the Alderman if the Alderman is unavailable and at such other times
as may be designated by the Mayor. During such periods the Assistant
Alderman shall have all the powers and duties of the Alderman.
(c)
The Town Council 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 the Assistant
Alderman shall each record all official acts and proceedings in the
Alderman's Docket.
(d)
The Alderman and the Assistant Alderman shall have
jurisdiction and cognizance of all breaches of the peace and other
offenses committed within the corporate limits of the Town of Millsboro
so far as to arrest and hold for bail or fine and imprison offenders
for any offense, penalty or forfeiture prescribed by the Charter of
the Town of Millsboro and any ordinance enacted thereunder; of all
neglects, omissions or defaults of any officer, agent or employee
of the Town; provided, however, that neither the Alderman nor the
Assistant Alderman shall impose any fine in excess of $500 nor imprison
any offender for more than 60 days, or both, except as otherwise provided
in the Charter of the Town of Millsboro. The Alderman and the 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 or resolution of the Town Council of the Town
of Millsboro; provided, however, that no costs shall be imposed which
is in excess of that which may be imposed by a Justice of the Peace
for like service.
(e)
The Alderman and the Assistant Alderman shall prepare
and submit a monthly report to the Town Council reporting all fines
and penalties imposed during the preceding calendar month and shall
pay to the Treasurer of the Town all such fines and penalties.
(f)
The Alderman and the Assistant Alderman shall receive
such salary as may be fixed from time to time by resolution of the
Town Council.
(g)
If any Alderman or Assistant Alderman shall be removed
from office as hereinbefore provided, he shall deliver to the Town
Manager, within two days after his removal from office, all the books
and papers belonging to his office and pay over to the Town Manager
all moneys in his hands within five days after receiving the notice
of his removal from office. Immediately after the receipt of the books
and papers belonging to the office of either the Alderman or the Assistant
Alderman, the Town Manager shall require the auditor of the Town,
appointed as hereinafter provided, to make an audit of the books and
papers of the official so removed from the office. Upon the neglect
or failure to deliver all the books and papers to the Town Manager
within the time specified by this Charter, or to pay over all of the
moneys to the Town Manager within the time specified, the Alderman
or Assistant Alderman, so removed, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not less than $25 nor more
than $100 for each day that he fails to deliver the books and papers
to the Town Manager or to pay over all moneys to the Town Manager.
|
(71 Del. Laws, c. 41, § 3)
|
(a)
The Town Council of the Town of Millsboro may appoint
a Town Manager who shall be chief administrative officer of the Town.
(b)
The Town Council of the Town of Millsboro shall impose
such qualifications for Town Manager as may be deemed necessary; provided,
however, that no person holding the office of Town Councilman shall
be chosen to be Town Manager during his or her term of office as Councilman.
(c)
The Town Manager shall hold office for an indefinite
term and may be removed by a majority vote of the Town Council of
the Town of Millsboro. At least 30 days before such removal shall
become effective, the Town Council shall, by a majority vote of all
the elected members thereof, adopt a preliminary resolution stating
the reasons for his or her removal. The Manager may reply in writing
and may request a public hearing which shall be held not earlier than
20 days but not later than 30 days after the filing of such request.
After such public hearing, if one be requested, and after full consideration,
the Town Council, by a majority vote of all the elected members thereof,
may adopt a final resolution of removal. By the preliminary resolution,
the Town Council may suspend the Town Manager from duty but shall
in any case call to be paid him or her forthwith any unpaid balance
of his or her salary and his or her salary for the next three calendar
months following the adoption of the preliminary resolution.
(d)
In case of the absence or disability of the Town Manager,
the Town Council may designate some qualified person who may be an
elected or appointed official of the Town of Millsboro to perform
the duties of such office during his absence or disability. The compensation
which the Town Manager shall receive for the performance of his or
her duties shall be fixed by the Town Council of the Town of Millsboro.
(e)
The Town Manager shall be responsible to the Town
Council of Millsboro for the proper administration of the affairs
of the Town placed in his or her charge and to that end, he or she
shall have the power to make such appointments and to hire such employees
at such compensations as the Town Council, by resolution, shall determine,
subject to such rules and regulations as may be adopted by the Town
Council. All employees shall be hired for an indefinite term and may
be removed by the Town Manager at any time unless otherwise provided
by resolution of Council. He or she shall exercise his or her sole
discretion in the appointment or hiring of any such employees. The
Town Manager shall be the sole judge of the competence or incompetence
of any such person so appointed or hired by him. The Town Council
of the Town of Millsboro shall sit as a Board of Appeal for the protection
of Town employees at those times when the majority of all the Commissioners
are agreed that a review of the action of the Town Manager would be
in the best interests of the Town of Millsboro. The decision of the
Town Council in such case shall be final and conclusive.
(f)
It is the intention of this Charter that, in the performance
of his or her duties, and in the exercise of his or her powers, the
Town Manager shall not be influenced by any matters whatsoever of
a political or fractional nature. It is the intention of this Charter
that the Town Manager shall be guided solely by matters of expediency
and efficiency in the administration of the affairs of the Town placed
in his or her charge. Except for purposes of inquiry, the Town Council
shall deal with that portion of the administrative service for which
the Town Manager is responsible solely through the Town Manager.
(g)
It shall be the duty of the Town Manager to supervise
the administration of the affairs of the Town under his or her charge
and to make such reports to the Town Council as are required by the
Town Council. He or she shall make such recommendations to the Town
Council concerning the affairs of the Town as may seem to him or her
desirable. He or she shall keep the Town Council advised of the financial
condition and future needs of the Town. He or she shall prepare and
submit to the Town Council at the regular monthly meeting of each
and every month a true, accurate and detailed account of all the moneys
collected or received by him or her in the performance of his or her
duties and shall promptly turn the same over to the Town Council.
(h)
In conjunction with the Mayor and the Town Council
of Millsboro, he or she shall sign warrants pursuant to appropriations
or resolutions theretofore made for the Town Council. He or she shall
prepare and submit to the Town Council such reports as may be required
by the Town Council. He or she shall perform such other duties as
may be prescribed by this Charter or required of him or her by ordinance
or resolution of the Town Council.
(i)
The Town Manager and such other officers of the Town
as may be designated by vote of the Town Council shall be entitled
to seats in the meetings of the Town Council, but shall not vote therein.
(j)
The Town Manager shall have charge and supervision
of the streets, gutters, curbs, sidewalks, boardwalks, jetties, piers,
parks and other administrative affairs of the Town and all work relating
thereto. He or she shall have charge of and shall collect all taxes,
assessments, rentals, license fees or other charges due the Town.
He or she shall have charge of the administration of all provisions
of this Charter and ordinances and resolutions of the Town Council
relating to the affairs of the Town when not otherwise provided for
by this Charter or by any ordinance or resolution of the Town Council.
He or she shall pay over to the Town Treasurer at least monthly, as
hereinbefore provided, and oftener if required by the Town Council,
all moneys received or collected by him or her and by any employee
under his or her supervision.
(k)
He or she shall keep a full and strict account of
all moneys received and all disbursements made by him or her and such
accounts shall, at all times, be open to inspection to the Town Council.
(l)
He or she shall give to the Town of Millsboro a bond,
if required by the Town Council, in such sum and in form with security
satisfactory to the Town Council for the faithful performance of the
duties of his or her office and the restoration to the Town of Millsboro,
in case of his or her death, resignation or removal from office all
books, papers, vouchers, money and other property of whatever kind
in his or her possession belonging to the Town.
(m)
In the event of a vacancy in the office of the Town
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 or her 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.
(n)
Upon the death, resignation or removal from office
of the Town Manager, the Town Council shall appoint some suitable
person, who may be an elected or appointed official of the Town of
Millsboro, to perform the duties of Town Manager; provided, however,
that such person shall not serve for a period exceeding 90 days from
the date of his or her appointment.
The Mayor of the Town of Millsboro, with the
advice and consent of a majority of the elected members of the Town
Council, shall select and appoint a Town Solicitor for an indefinite
term who shall be removable at the pleasure of the Town Council of
the Town of Millsboro either with or without due cause stated. The
Town Solicitor shall be a member in good standing of the Bar of the
State of Delaware, with offices in Sussex County. It shall be his
duty to give legal advice to the Town Council and other officers of
the Town and to perform other legal services as may be required of
him by the Town Council.
(a)
The Town Council may provide for a Board of Health.
If it is established, the Board of Health shall consist of four members,
one of whom may be a practicing physician. The Board shall be appointed
by the Mayor of the Town of Millsboro, with the advice and consent
of a majority of the elected members of the Town Council at the annual
meeting hereinbefore provided, and shall serve for one year or until
their successors are duly appointed and qualified. The Board of Health
shall have cognizance of and interest in the life and health of the
people of the Town. The Board shall report to the Town Council in
writing whatever is deemed by the Board to be injurious to the health
of the people of the Town and shall make recommendations to the Town
Council concerning whatever may contribute to the health and sanitation
of the citizens of the Town of Millsboro. The Board shall organize
by the election of a Chairman and Secretary within 10 days after notice
of their appointment and shall keep a record of their proceedings
and acts. The Secretary shall be the executive officer of the Board.
(b)
The Secretary of the Board may be allowed a reasonable
annual compensation for his services, which shall be determined by
the Town Council, and no other compensation shall be paid to the Secretary
for his services as such. The Secretary may or may not be a member
of the Board of Health appointed by the Mayor, but he shall be a resident
of the Town of Millsboro.
(c)
The Board of Health shall have the power to recommend
the adoption of ordinances relating to the health of the population
of the Town or to prevent the introduction or spread of infectious
or contagious diseases or nuisances affecting the same and such ordinances,
when adopted by the Town Council, shall extend to an area outside
the Town limits for a distance of one mile.
(a)
The Town Council shall, from time to time, make such
rules and regulations as may be necessary for the organization, government
and control of the police force. The police force shall preserve peace
and order and shall compel obedience within the Town limits to the
ordinances of the Town and the laws of the State of Delaware. The
police force shall have such other duties as the Town Council shall,
from time to time, prescribe. The Chief of Police and the members
of the police force shall be subject to the direction of the Town
Manager acting in behalf of the Town Council.
(b)
Each member of the police force shall have police
powers similar to those of constables and shall be conservators of
the peace throughout the Town of Millsboro, and they shall suppress
all acts of violence and enforce all laws relating to the safety and
persons and property. They shall compel the enforcement of all laws
enacted by the Town Council of the Town of Millsboro. In the case
of a pursuit of an offender, the power and authority of the police
force shall extend outside the territorial limitations of the Town
of Millsboro.
(c)
Every person sentenced to imprisonment by the Alderman
or the Assistant Alderman or a Justice of the Peace, as the case may
be, shall be delivered by a member of the police force to the correctional
institution located in Sussex County to be there imprisoned for the
term of his sentence.
(d)
In the case of an arrest at any time when the Alderman
or the Assistant Alderman of the Town of Millsboro shall not be available
or if no such Alderman or Assistant Alderman has been appointed, the
person arrested may be taken before the nearest Justice of the Peace
with offices in Sussex County who shall hear and determine the charge,
and who, in such case, is vested with all the authority and powers
granted by this Charter under the Alderman or the Assistant Alderman.
In the case of an arrest at a time when the Alderman or the Assistant
Alderman or the Justice of the Peace shall not be available to hear
and determine the charge, the person arrested may be delivered to
the correctional institution located in Sussex County for imprisonment
until such reasonable time thereafter as shall enable the Alderman
or Assistant Alderman or the Justice of the Peace to hear and determine
the charge against such person.
(e)
It shall be the duty of the police force to suppress
riotous, disorderly or turbulent assemblages of persons in the streets
of the Town or the noisy conduct of any person in the same, and upon
the view of the above or upon view of the violation of any ordinance
of the Town relating to peace and good order thereof, the police force
shall have the right and power to arrest without warrant.
At the annual meeting hereinbefore provided,
the Mayor, with the advice and consent of a majority of the elected
members of the Town Council, shall appoint an accountant to be the
auditor of accounts of the Town of Millsboro. It shall be the duty
of the auditor to audit the accounts of the Town and all its officers
whose duty involves the collection, custody and payment of moneys
to the Town. The auditor shall audit the books of the Alderman and
the Assistant Alderman of the Town of Millsboro, the records of all
fines, penalties, costs imposed or collected by him pursuant to any
judgment, order or decree made. The auditor shall, by the date of
the January regular Council meeting following the end of the fiscal
year, annually make and deliver a detailed report of any and all accounts,
records and books by them examined and audited which report under
his hand and seal shall be printed in a newspaper having a general
circulation in the Town in the issue immediately preceding the annual
report. The auditor, in the performance of his duties, shall have
access to all records and accounts of the offices of the Town Council,
and he is hereby authorized and empowered to employ such clerks as
in his judgment may be necessary in the proper performance of his
duties.
(83 Del. Laws, c. 496, § 1)
(a)
The Board of Assessment shall be appointed by the
Mayor of the Town of Millsboro, with the advice and consent of a majority
of the elected members of the Town Council, for an indefinite term.
The Board of Assessment shall consist of three members, all of whom
shall be over the age of 21 years, bona fide residents of the Town
of Millsboro and freeholders of the Town.
(b)
They shall be sworn or affirmed by the Mayor of the
Town of Millsboro or by a notary public to perform their duties with
fidelity and without favor. It shall be their duty to make a fair
and impartial assessment of property and persons subject to taxation
situate within the corporate limits of the Town and to perform such
other duties and reference thereto as shall be prescribed from time
to time by the Town Council of the Town of Millsboro. Compensation
to be by them received for the performance of their duties in the
hiring of employees to assist them in the performance of their duties
shall be fixed by and subject to the approval of the Town Council
of the Town of Millsboro.
(c)
In making such assessment, the rules and exemptions
now applicable by law to the making of the assessment for Sussex County
of persons and property shall be applicable insofar as consistent
with the provisions of this Charter.
The Board of Assessment shall, within 90 days
prior to the beginning of the next fiscal year, make a just, true
and impartial annual valuation or assessment of all real estate and
improvements located thereon located within the Town of Millsboro.
All real estate 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. 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, however,
that 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, in and for Sussex County. The Board of Assessment
shall also make a personal assessment of all male and female citizens
of the Town above the age of 18 years, whether an owner of real estate
or not; said personal assessment shall be determined by the Town Council
and certified to the Board of Assessment. Said personal assessment
or per capita tax shall be in addition to the assessment levied on
real estate owned or assessed by any person or persons whomsoever.
(a)
The Board of Assessment, after making such annual
assessment, shall, at least 90 days prior to the end of the fiscal
year, deliver to the Town Council of the Town of Millsboro a list
containing the names of all persons assessed and the amount of assessment
against each. They shall also deliver at such time as many copies
of said list as the Town Council shall direct.
(b)
The annual assessment shall distinguish the real and
personal assessment of each person and shall also be arranged so that
the land, the improvements thereon and the per capita assessment shall
appear in separate columns or spaces. In making this assessment, the
Board shall make its valuation accordingly.
(c)
The real property of the several members of the Board
of Assessment shall be assessed by the Town Council of the Town of
Millsboro.
(d)
Immediately upon receiving the annual assessment list
from the Board of Assessment, the Town Council of the Town of Millsboro
shall cause a full and complete copy of the same, containing the amount
assessed to each taxable to be hung in a public place in the Town
of Millsboro and there it shall remain for a period of at least 10
days for the information of and examination by all concerned. Appended
thereto and also in five or more public places in said Town shall
be posted notices advertising to all concerned that, upon a certain
day mentioned therein and not earlier than 10 days after the date
of posting of the true and correct copy of the annual assessment list
and notices that, at the next regular meeting of the Town Council,
the Town Council will hold a court of appeals at which time and place
they shall hear appeals from said annual assessment. The decision
of the Town Council sitting as the Board of Appeals shall be final
and conclusive, and said Town Council shall revise and complete said
assessment at this sitting. No member of the Town Council shall sit
upon his own appeal but the same shall be heard and determined by
the other Councilmen.
(e)
All the members of the Board of Assessment shall be
present on the day fixed for hearing appeals and shall furnish to
the Town Council such information and answer such questions as the
Town Council may require in respect to any assessment for which an
appeal has been taken. The Town Council shall have the authority to
enforce the attendance of the Board of Assessment by appropriate process.
(a)
In addition to the annual assessment provided for
in § 26 of this Charter, the Board of Assessment may, at
its option, prepare a quarterly supplemental assessment list for any
of the following purposes:
(1)
Adding property which was not included on the last
annual assessment.
(2)
Increasing the assessed value of property which was
included in the last assessment.
(3)
Correcting errors on the prior annual assessment.
(4)
Revising or modifying any exception from taxation
applicable to property within the Town.
(b)
The supplemental assessment list shall be prepared
quarterly by the Board of Assessment and such supplemental assessments
shall be certified to the Town Council on July 1, October 1, and January
1 of each fiscal year.
(c)
On the date of certification of the supplemental assessment
list of the Town Council by the Board of Assessment, each property
owner shall be liable for the payment of real estate taxes equal to
the assessed value of the property multiplied by the tax rate for
the then-current fiscal year applicable to the property reduced by
25% when the property is listed on the second supplemental assessment
list, 50% when the property is listed on the third supplemental assessment
list and by 75% when property is listed on the fourth supplemental
assessment list, and the amount of such tax, together with any interest,
penalty and collection charge shall be a lien for a period of 10 years,
and such lien shall have preference and priority to all other created
liens on real estate or upon improvements located on land under lease
as prescribed in the Charter or suffered by said property owner although
such lien or liens be of a date prior to the time of the attaching
of such lien for taxes.
(d)
Whenever the Board of Assessment places a property
on a supplemental assessment list, he shall deposit notice thereof
in the regular mail addressed to the owner of the property affected
thereby at the address shown on the assessment list, or if the address
of such owner does not appear on the assessment list, then to the
person occupying the property, or if there is no apparent occupant,
such notice shall be posted on the property. Such notice shall be
given no later than the date on which the supplemental list on which
the property appears is certified to the Town Council by the Board
of Assessment. The certification by the Board of Assessment that the
notice required by this subsection was mailed or posted, as the case
may be, shall be conclusive evidence of notice to the property owner.
(e)
The Board of Assessment shall publish a notice of
the place or places where the supplemental assessment list may be
inspected, together with a notice of the time and place of the Town
by the Town Council to hear appeals. The notice shall also state the
time and place for filing written notices of appeal with the Town
Council. Such notice shall appear at least once a week for two consecutive
weeks in a newspaper of general circulation in the Town.
(f)
Within 20 days from the date on which the notice of
supplemental assessment is sent by the Board of Assessment, the property
owner may appeal the supplemental assessment to the Town Council.
The Town Council shall establish a time for such hearing to be held
within 20 days after the date of receipt of said written notice of
appeal. Pending determination of the appeal, the property owner may
either pay the tax imposed by the supplemental assessment and if on
appeal the assessment is reduced, the property owner shall be entitled
to a refund of the taxes which he has overpaid, plus interest thereon
at the rate of 1% per month for each month or fraction thereof following
the date of payment, or the property owner may decline to pay the
tax imposed by the supplemental assessment, in which case interest
and penalties shall accrue at the rate of 11/2% per month for each
month or fraction thereof that the taxes remain unpaid from the date
expiration of 30 days following the mailing of the notice required
by this section.
(g)
In the collection of all taxes imposed by the supplemental
assessment list, the Town Clerk shall deduct 4% from the amount of
taxes assessed against the real property of any property owner if
the property is listed on the second supplemental assessment list,
a credit of 21/2% if property is listed on the third supplemental
assessment list, and a credit of 2% if the property is listed on the
fourth supplemental assessment list and is paid within 30 days following
the date of mailing of the notice by the Board of Assessment to the
owner of the property.
(a)
The Town Council of the Town of Millsboro, in addition
to all other powers conferred upon it by this Act, shall have the
power and authority by ordinance or ordinances to levy, assess and
collect or provide for the levying, assessment and collection of such
taxes as shall be determined by the Town Council to be paid by the
transferor or transferee upon the transfer of real property or any
interest in real property situate within the corporate limits of the
Town of Millsboro, regardless of where the instruments making the
transfers are made, executed or delivered or where the actual settlements
on such transfers occur; provided, however, that no tax shall be levied
upon an organization exempted from ad valorem real estate taxes.
(b)
No ordinance or ordinances providing for a tax on
the transfer of real property or any interest in real property authorized
under this section shall become effective unless it receives an affirmative
vote of 2/3 of all the elected members of the Town Council of the
Town of Millsboro. If the taxing power authority granted under this
section shall be exercised by way of a stamp affixed to a document
presented for recording, the Recorder of Deeds, in and for Sussex
County, shall not receive for record any document subject to such
tax unless such stamps are affixed thereto.
(c)
The Town Council of the Town of Millsboro may adopt
an ordinance or ordinances to provide for the effective administration
and regulation of any tax adopted pursuant to the provisions of this
section.
(d)
No tax levied under this section shall exceed 1% of
the sale price (including the value of any assumed mortgage or mortgages)
or of the fair market value of the real property so transferred; and
provided, however, that no tax shall be imposed upon an organization
which is exempted from ad valorem taxes. The provisions of §§ 5401
and 5403, Chapter 54, Title 30, Del. C. shall be applicable to any
realty transfer tax imposed pursuant to this Act.
(e)
The Town Council may provide by ordinance for the
collection of such tax by the Recorder of Deeds, in and for Sussex
County, or such other agent as may be appointed by the Town Council
and shall prescribe in such ordinance the charge that will be paid
for such collection of such realty transfer tax authorized by this
section.
(a)
At the last regular meeting in the fiscal year, after
having revised and completed the assessment, the Town Council shall
determine, in its best judgment and knowledge, the total amount necessary
to be raised by the Town to meet the fixed and anticipated expenses
and obligations of the Town, including reasonable and appropriate
reserves, for the then-current fiscal year as set forth in the Town
Budget for such year, plus a reasonable amount to cover unanticipated
expenses and emergencies.
(b)
The Town Council should then proceed to determine,
in its sole discretion, from which sources of the authorized revenues
of the Town 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. They shall
then proceed to determine, assess, fix and/or levy as follows:
(1)
The rate of tax on real estate, including improvements
thereon, per $100 of the assessed value; and/or
(2)
The amount of personal or per capita tax upon each
citizen of the Town over the age of 18 years; and/or
(3)
The rate of tax upon all poles, construction, erections,
wires and appliances more particularly mentioned, or intended so to
be in § 30 of this Charter, as amended; and/or
(4)
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 § 30
of this Charter, as amended; and/or
(5)
The several rates to be charged for furnishing water
service, sewer service, electric service, gas service, front footage
assessment; and/or
(6)
The fees or rates to be charged in respect to any
other authorized source of revenue sufficient in their judgment and
estimation to realize the amount to be raised from each such source
determined by them to be used as foresaid; provided, however, that
sources (4), (5) and (6) aforementioned may be determined, fixed,
assessed, levied and/or altered or changed upon other than a fiscal-year
basis and that any regular or special meeting of the Town Council
as the Town Council, in its own proper discretion, shall determine.
(c)
Immediately after the last regular meeting prior to
the end of the fiscal year of each and every year, the Town Council
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), (2) and (3) above-mentioned. This list shall be
known as the "Annual Tax List of the Town of Millsboro." In addition
to the information contained in the assessment list, it shall also
contain information as to the rate of tax upon real estate for each
$100 of assessed valuation thereof.
(d)
The Town Council shall cause to be delivered to the
Town Manager a duplicate of said Annual Tax List, and the Town Manager
shall immediately proceed to collect the same as hereinafter provided.
(e)
Nothing contained in this Charter shall be construed
to affect or impair in any way the validity of any tax, fee, assessment
or other charge lawfully levied, assessed or due the Town of Millsboro
under existing laws in reference to said Town, and the same are hereby
declared to be valid, binding and vested in the Town of Millsboro
created hereby.
(a)
The Town Manager, as soon as the Town Council shall
have placed in his hands a duplicate Annual Tax List, shall proceed
at once to collect the taxes on said duplicate list.
(b)
All taxes so laid or imposed by the Town of Millsboro
in such Annual Tax List shall be and constitute a lien upon all the
real estate of the taxable for a period of 10 years against or upon
whom such taxes are laid or imposed, of which such taxable was seized
or possessed at any time after such taxes shall have been levied and
imposed that is situate within the Town of Millsboro. Such lien shall
have preference and priority to all other liens on such real estate,
as aforesaid, created or suffered by said taxable, although such lien
or liens be of a time and date prior to the time of the attaching
of such lien for taxes.
(c)
All taxes, when and as collected by the Town Manager,
shall be paid to the Town of Millsboro, and all taxes shall be due
and payable at and from the time of the delivery of the Annual Tax
List to the Town Manager.
(d)
All taxes shall be payable at the Town Office of the
Town of Millsboro during the regular business hours of that office.
(e)
In the collection of said taxes, all taxes paid after
the expiration of 90 days from the beginning of the fiscal year shall
be delinquent. On all taxes paid on or after the expiration of 90
days next succeeding the delivery of the duplicate Annual Tax List
to the Town Manager, there shall be added interest at the rate of
0.5% per month and an additional sum of 1% per month as a penalty
for each month or fraction thereof such taxes shall remain unpaid,
and said penalty shall be collected in the same manner as the original
amount of the tax. On all taxes paid on or after the expiration of
90 days next succeeding the delivery of the duplicate Annual Tax List
to the Town Manager, there shall be added interest at the rate of
0.5% per month and an additional sum of 1% per month as a penalty
for each month or fraction thereof such taxes shall remain unpaid,
and said penalties shall be collected in the same manner as the original
amount of the tax. The Town Council shall have the power to make just
allowances for delinquencies in the collection of taxes. All taxes
unpaid after the expiration of 90 days from the beginning of the fiscal
year of the Town of Millsboro shall be considered delinquent. In effecting
a collection of any delinquent tax, the Town Council may impose a
collection charge not to exceed 18% of the amount of the tax and any
interest or penalty imposed thereon.
(f)
At the annual meeting of the Town Council of each
year, the Town Manager shall account to the Town Council for all taxes
and sewer rentals collected by him during the year and shall be liable
on his bond for failure to account for any uncollected taxes or sewer
rentals, unless he can show to the satisfaction of the Town Council
that all remedies permitted for the collection of said taxes were
pursued without result or, if not pursued, the remedies would have
been without avail.
(g)
The Town Manager, when any tax has become delinquent,
may, in the name of the Town of Millsboro, institute suit before any
Justice of the Peace or in the Court of Common Pleas of the State
of Delaware, in and for Sussex County, or in the Superior Court of
the State of Delaware, in and for Sussex County, for the recovery
of the unpaid tax in an action of debt, and upon judgment obtained,
may sue out writs of execution as in case of other judgments recovered
before a Justice of the Peace or in the Court of Common Pleas or in
the Superior Court, as the case may be.
(h)
However, should the Town Manager so elect, he is empowered
to sell the lands and tenements of the delinquent taxpayer or the
lands and tenements of a delinquent taxpayer alienated subsequent
to the levy of the tax by the following procedure:
(1)
The Town Manager shall present in the name of the
Town of Millsboro to the Superior Court of the State of Delaware,
in and for Sussex County, a petition in which shall be stated:
(A)
The name of the taxable.
(B)
The year for which the tax was levied.
(C)
The rate of tax.
(D)
The total amount due.
(E)
The date from which interest and the penalty
for nonpayment shall commence and the rate of such interest and penalty
and any collection charge permitted.
(F)
A reasonable, precise description of the lands
and tenements proposed to be sold.
(G)
A statement that the bill of said tax has been
mailed to the taxable at his last known post office address with return
receipt requested by certified mail and postage prepaid.
(H)
That it has been found impractical to attempt
to collect said tax by any other remedy hereinbefore provided. The
petition shall be signed by the Town Manager and shall be verified
before a notary public.
(2)
At least 10 days prior to the filing of any such petition
as described herein, the Town 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 interest, penalties, collection
charges, and costs then due thereon, together with a notice to the
delinquent taxpayer that he shall proceed to sell the lands and tenements
of the taxpayer for the payment of the tax. The Town 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, it shall be sufficient for the Town Manager to file with
said petition the evidence that such statement has been mailed in
accordance with this subsection and has been returned.
(3)
Upon the filing of the petition, the prothonotary
shall record the same in a properly indexed record of the Superior
Court, in and for Sussex County, and shall endorse upon said record
of said petition the following: "This petition, filed the ________
day of ______________, A.D. ___________, and the Town Manager of the
Town of Millsboro is hereby authorized to proceed to sell the lands
and tenements herein mentioned or a sufficient part thereof as may
be necessary for the payment of the amount due." This endorsement
shall be signed by the prothonotary.
(4)
Any sales of lands and tenements of a delinquent taxpayer
shall be advertised in five public places in the Town of Millsboro,
one of said public places shall be the Town Office and by printing
the notice of said sale at least one time in a newspaper of general
circulation in the Town. The notice shall contain the day, hour, place
of sale and a short description of the premises sufficient to identify
the same. The handbills shall be posted at least 10 days before the
day fixed for the sale and the newspaper advertisement shall be published
at least one week before the day of the sale.
(5)
Each sale of lands and tenements shall be returned
to the Superior Court of the State of Delaware, in and for Sussex
County, at the next term thereof following the sale, and the Court
shall inquire into the circumstances and either approve or set aside
the sale. If the sale be approved, the Town 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; if the sale
be set aside, the Superior Court may order another sale and so on
until the tax be collected. The petition, return and deed shall be
presumptive evidence of the regularity of the proceeding.
(6)
No sale shall be approved by the Superior Court if
the owner be ready at court to pay the taxes, penalty, collection
fees and costs, no deed shall be made until the expiration of one
year from the date of the sale within which time the owner, his heirs,
executors 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 and 20% interest thereon and the
expense of having the deed prepared.
(7)
After satisfying the tax due and the costs of expense
of sale from the proceeds of sale, the amount remaining shall be paid
to the owner of the land, upon the refusal of said owner to accept
said residue, or if the owner is unknown or cannot be found, the amount
remaining shall be deposited in some bank in the Town of Millsboro,
either to the credit of the owner or in a manner in which the fund
may be identified.
(8)
In the sale of lands for payment of delinquent taxes,
the costs shall be allowed to be deducted from the proceeds of the
sale or chargeable against the owner, as the case may be, including
but not limited to charges of the prothonotary, Town of Millsboro,
cost of printing and posting handbills, the publication of the advertisement
of sale in one or more newspapers, the auctioneer's fee and attorney's
fees incurred by the Town of Millsboro. The costs of the deed will
not be chargeable as costs, but shall be paid by the purchaser of
the property of the delinquent taxpayer. The total of any Delaware
and municipal transfer tax shall be paid by the purchaser of said
lands at the tax sale.
(9)
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.
(10)
If any person is assessed for several parcels of land
and tenements in the same assessment in the Town of Millsboro, the
total of said taxes may be collected from the sale of any part or
portion of said lands and tenements, provided that the land alienated
by the delinquent taxpayer shall not be sold until other property
of the taxpayer shall have been disposed of and there still remains
a delinquency.
(11)
In the event of death, resignation or removal from
office of the Town Manager of the Town of Millsboro before the proceedings
for the sale of lands shall have been completed, his successor in
office shall succeed to all of his powers, rights and duties in respect
to said sale. In the event of the death of the purchaser of said sale
prior to his receiving a deed for the property purchased thereat,
the person having right under him 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 Town Manager to execute
and acknowledge a deed conveying to the petitioner the premises so
sold or a just portion thereof; and thereupon the court may make such
order touching the conveyance of the premises as shall be according
to justice and equity.
(12)
The Town Manager shall have the same right to require
the aid or assistance of any person or persons in the performance
of his duty of sale which the Sheriff of Sussex County now has by
law or may hereafter have.
(i)
n addition to all of the remedies, methods and authorities
for the collection of taxes, the Tax Collector shall have the same
rights in the collection of taxes as the Tax Collector or Receiver
of Taxes as Sussex County now has by law or may hereafter have, including
the monition method for the collection of such taxes.
(a)
The fiscal year for the Town of Millsboro shall be
as determined by resolution of the Town Council.
(b)
Annually each year and not later than 60 days prior
to the beginning of the next fiscal year, the Town Manager shall prepare
a rough draft of the Town Budget. From this rough draft, the Town
Council shall not later than the regular meeting following the presentation
of the rough draft prepared of the Town Budget, containing the financial
plan for conducting the affairs of the Town for the ensuing fiscal
year.
(c)
The budget shall contain the following information:
(1)
A detailed estimate showing the expense of conducting
each department and office of the Town for the ensuing fiscal year.
(2)
The value of supplies and materials on hand, together
with the nature and kind of machinery or other implements and the
condition thereof.
(3)
The amount of the debt of the Town, together with
the schedule of maturities of bond issues.
(4)
An itemized statement of all other estimated expenses
to be incurred in the affairs of the Town for the ensuing fiscal year.
(5)
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)
An estimate of the amount of money to be received
from taxes, water rents, sewer service charges, front foot assessments,
license fees and all other anticipated income of the Town from any
source or sources whatsoever.
(a)
Not by way of limitation upon the power vested in
the Town Council of the Town of Millsboro to exercise all powers delegated
by this Charter to the municipal corporation or to the Town Council
except as may expressly appear herein to the contrary, but, rather
by way of enumeration and for purposes of clarity, the Town Council
is vested by this Charter with the following powers, to be exercised
by the Town Council in the interest of good government and the safety,
health, and public welfare of the Town, its inhabitants and affairs,
that is to say:
(1)
To prevent vice, drunkenness and immorality.
(2)
To provide for and preserve the health, peace, safety,
cleanliness, ornament, good order and public welfare of the Town and
its inhabitants.
(3)
To prohibit all gaming and fraudulent devices.
(4)
To prohibit, restrain, license or regulate all public
sports, exhibitions, shows, parades, productions, circuses or other
public performances, amusements and games.
(5)
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, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline
or portion thereof, or any new or present sidewalk, curb, or gutter
or portion thereof in the Town; to specify the grade thereof, the
materials to be used in the doing thereof and the manner in which
the same shall be done; to enter into contracts or agreements for
the doing thereof, including contracts or agreements with the State
of Delaware for the permanent maintenance, repair and upkeep of any
street, lane, alley, roadway or other public thoroughfare within the
Town.
(6)
To regulate or control the observance of the Sabbath
Day.
(7)
To establish and regulate pounds and to restrain,
prohibit and impound any domestic or wild animal, beast, bird or fowl
running at large and to authorize the destruction of the same.
(8)
To locate, regulate, license, restrain or require
the removal of slaughterhouses, wash houses, laundries, canning establishments,
phosphate, fish, fertilizer and manure plants or establishments, swine
pens, privies, water closets in any businesses or buildings or conditions
detrimental to the public health or constituting a public nuisance
or of an offensive or a noxious nature.
(9)
To enforce the removal of ice, snow or dirt or other
foreign substance from sidewalks and gutters by owners or abutting
owners.
(10)
To prohibit, remove or regulate the erection of any
stoop, step, platform, bay window, cellar, 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
Town.
(11)
To define, prevent, abate or remove nuisances, obstructions
or any other condition detrimental to the public safety, health or
welfare.
(12)
To provide an ample supply of pure water for the Town
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 or about the collection, storage, purification, conveyance
or distribution or sale of water; to regulate and prescribe for what
public or private purposes the water furnished by the Town of Millsboro
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 willful or negligent injury,
or damage to or interference with the water system or the equipment
of the Town; to furnish or refuse to furnish water from the Town system
to places and properties outside the Town limits; and to contract
for and purchase water and distribute the same to users within or
without the Town with the same full powers as though such water had
been initially reduced to usefulness by the municipality itself.
(13)
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 Town; to regulate and prescribe for what private or public
uses or 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 willful
or negligent injury or damage to, or interference with said system,
plan or facilities; to furnish or refuse to furnish sewer disposal
service from the Town system to places and properties outside the
Town limits; in the interest of the public's health, to compel any
and all properties in the Town to be connected to the sewer system
of the Town; and to contract for and purchase sewer disposal service
and to resell the same to users within or without the Town with the
same full powers as though such service had been initially provided
by the facilities therefor of the Town itself.
(14)
To provide, construct, extend, maintain, manage and
control the 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 Town and for lighting the streets, highways,
lanes, alleys, watercourses, parks, lake, strands, sidewalks, crosswalks,
wharfs, docks, public buildings or other public places in the Town,
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 necessarily proper to light the Town,
and to furnish proper connections for electric current and gas to
the properties of the inhabitants of the Town who may desire the same;
to regulate and prescribe for what private or public purpose the current
or gas furnished by the Town may be used, the manner of its use, the
amount to be paid by the users thereof, the means whereby such amounts
are to be collected and the fines or penalties, or both, for any willful
or negligent injury or damage to or interference with the electric
or gas system or systems of the Town; to furnish or refuse to furnish
electric current or gas from the Town's system or systems, to places
and properties outside the Town limits; and to contract for and purchase
electric current or gas and distribute the same to users within or
without the Town with the same full powers as though such current
or gas had been initially reduced to usefulness by the Town itself.
(15)
To fully control within the Town the drainage of all
water and to that end to alter or change the course and direction
of any natural watercourse, runs or rivulet within the Town, to regulate,
maintain, clean and keep the same open, clean and unobstructed, and
to provide, construct, extend and maintain, manage and control a surface
water drainage system and facilities for the health, sanitation and
convenience of the inhabitants of the Town.
(16)
To provide, construct, extend, maintain, manage and
control jetties, bulkheads, embankments, flood gates, piers or fills
for the preservation of any strand or high land within the limits
of the Town and contiguous thereto to the end that the same may be
preserved and property protected that the general public might enjoy
the use thereof.
(17)
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 Town Council shall deem in the best interests
of the municipality, to use the present and future streets, highways,
lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks,
wharfs, docks and other public places of the Town for the purpose
of furnishing heat, light, power, gas, water, sewer, drainage, electric
current, telephone, telegraph, television, railroad, excepting railroads
or railways engaged in Interstate Commerce, bus, taxi or other transportation,
carrier or public service to the Town, unto the persons, firms or
corporations residing or located therein and for the purpose of transmitting
the same from or through the Town to points outside the limits thereof,
and for the purpose of erecting wharfs and piers and for the purpose
of vending any article or merchandise or service upon or from any
vehicle upon any 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)
To regulate and control the exercise of any license
or franchise mentioned in § 30 of this Charter, or intended
so to be.
(19)
To direct, regulate and control the planning, rearing,
treatment and preserving of ornamental shade trees in the streets,
avenues, highways, parks and grounds of the Town and to authorize
or prohibit the removal or destruction of said trees.
(20)
To direct the digging down, draining, filling up,
cleaning, cutting or fencing of lots, tracts, pieces or parcels of
ground in the Town which may be deemed dangerous or unwholesome or
necessary to carry out any improvements authorized by this Charter.
(21)
To provide for or regulate the numbering of houses
and lots on the streets and the naming of streets and avenues.
(22)
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 fires.
(23)
For the prevention of fire and the preservation of
the beauty of the Town, 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 granting of permits for the
same; to establish a building line for buildings to be erected; to
zone or district the Town and make particular provisions for particular
zones or districts with regard to building or building material; and
generally to exercise all powers and authorities vested in the legislative
body of cities and incorporated Towns under and by virtue of Chapter
3, Title 22, Del. C. of 1974, and all amendments heretofore or hereafter
adopted.
(24)
To acquire, build, erect and maintain a suitable place
as a lockup or jail for the Town which shall be used as a place of
detention for persons convicted of violation of law or ordinance,
or for 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,
beggars and vagrants, provided that any correctional institution located
in Sussex County may be used for any such purpose.
(25)
To acquire, build, erect and maintain buildings and
facilities necessary or required for housing and equipping the offices
of the Town.
(26)
To regulate or prevent the use of guns, air guns,
spring guns, pistols, sling shots, bean shooters and any other devices
for discharging missiles which may cause bodily injury or injury or
harm to property; and to regulate or prevent the use of fireworks,
bombs and detonating works of all kinds.
(27)
To provide for the punishment of a violation of any
ordinance of the Town by fine or imprisonment, or both, not exceeding
$1,000 or 60 days, or both.
(28)
To provide for the organization of a Fire Department
and the control and government thereof; to establish fire limits and
to do all things necessary for the prevention or extinguishment of
fires; and at the discretion of the Town Council, to contribute, donate
or give an amount or amounts not to exceed in the total during any
fiscal year 3% of the total taxes levied on real estate unto any volunteer
fire company or companies incorporated under the laws of the State
of Delaware, or any volunteer fire association or associations maintaining
and operating fire-fighting equipment and service to the Town, provided
that any such contribution, donation or gift may be made subject to
such conditions and stipulations as to the use thereof as the Town
Council shall deem advisable.
(29)
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 the
abatement of nuisances and the like, laying out and repairing sidewalks,
curbs or gutters or other charges due the Town and to sell the same.
(30)
To levy and collect taxes for any and all municipal
purposes upon all real estate and improvements located thereon; provided,
however, that there shall be no limitation upon the amount which may
be raised from the taxation of real estate for the payment of interest
on or principal of any bonded indebtedness whether hereinbefore or
hereinafter incurred.
(31)
To levy and collect a personal or per capita tax upon
all persons resident within the corporate limits of the Town of Millsboro
to be used for any and all municipal purposes.
(32)
To levy and collect taxes upon all telephone, telegraph,
power poles, pipelines, rail lines or other constructions or erections
of a like character, erected within the limits of the Town, 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 Town
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 provided for the collection
thereof set forth in § 27 of this Charter, the Town Council
shall have the authority to cause the same to be removed.
(33)
To license, tax and collect fees annually for any
and all municipal purposes (including the cost and expense of advertising
the Town) of such various amounts as the Town Council 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 contained
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 Town any
farm produce or products grown upon a farm owned by the vendor or
any member of his family with whom he resides.
(34)
To determine from which authorized source and in what
proportion taxes shall be levied and used each year to raise the revenue
or funds required to meet the general expenses of the Town and all
funding, amortization and interest requirements on its outstanding
bonds or other indebtedness.
(35)
To provide for the collection of and disbursement
of all moneys to which the Town may become entitled by law, including
licenses and fines where no provision for the collection and disbursement
thereof is otherwise provided in this Charter.
(36)
To borrow money in the name of the Town for any proper
municipal purpose and in order to secure the payment of the same to
issue bonds or other forms or kinds of certificate or certificates
of indebtedness, pledging the full faith and credit of the Town or
such other security or securities as the Town Council 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 Town shall be exempt from all state, county or municipal
taxes; provided, however, that in no event shall the indebtedness
of the Town for any and all purposes at any one time exceed in the
aggregate 25% of the assessed value of all real estate in the Town
subject to the assessment for the purpose of levying the annual tax
hereinbefore mentioned.
(37)
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 Town, by way of condemnation and eminent domain for any proper and lawful municipal purpose or whenever required properly to carry out, exercise or fulfill any power conferred upon or delegated to the Town of Millsboro by this Charter. Proceedings by way of condemnation in any case shall be as prescribed in Chapter 61, Title 10, Del. C. of 1974, as heretofore or hereafter amended.
(38)
To appropriate money to pay the debts, liabilities
and expenditures of the Town, or any part or item thereof, from any
fund applicable thereto, and to transfer temporarily money from one
fund to another fund of the Town in case of emergency.
(39)
To provide for the payment of any tax, fine, penalty,
license, forfeiture, assessment, fee, charge or other amount due the
Town by the performance of labor or service for the Town by any person
owing the same.
(40)
To inquire into and investigate the conduct of any
officer, agent or employee of the Town or any municipal affair and
for such purpose or purposes may subpoena witnesses, administer oaths
or affirmations, and compel the attendance of witnesses and the production
of books, papers or other evidence by subpoena.
(41)
To establish by ordinance duly adopted pursuant to
this Charter a pension plan or a health and welfare plan, or both,
for the employees of the Town under such terms and conditions as the
Town Council, in its discretion, may deem most appropriate; and provided,
further, that the method of funding may, if deemed desirable by the
Town Council, 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 elected members of the Town Council.
(42)
To borrow money in anticipation of revenues on the
full faith and credit of the Town of Millsboro sum or sums not exceeding
10% of the assessed valuation of all real estate in the Town in any
one year when, in the opinion of a majority of the Town Council of
the Town of Millsboro, the needs of the Town require it. Any sum so
borrowed shall be secured by promissory notes of the Town of Millsboro,
duly authorized by resolution adopted by the Town Council of the Town
of Millsboro, signed by the Mayor of the Town of Millsboro, and attested
by the Secretary of the Town Council with the Corporate Seal affixed;
and no officer or member of the Town Council shall be liable for the
payment of such note because it is signed by them as officers of the
Town and is authorized by the resolution of the Town Council; provided,
however, that the total sum outstanding at any one time shall not
exceed 10% of the assessed valuation of all real estate in the Town;
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 Town
and shall be completely repaid at any time, but must be completely
paid at the end of 10 fiscal years following the first fiscal year
when said sum or sums were borrowed, with interest thereon; and provided
that such ad valorem taxes shall be levied as is necessary to pay
the principal or the 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.
(43)
To make, adopt and establish all such ordinances,
regulations, rules and bylaws not contrary to the laws of this state
and the United States as the Town Council 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
Town, the protection and preservation of persons and property and
of the public health and welfare of the Town and its inhabitants;
provided, however, that any ordinance relating to the public health
of the Town 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 Town but as well to all areas and persons outside the Town
within one mile from said limits.
(44)
Notwithstanding any other provision of this Charter,
the Town Council is authorized to exempt from taxation any industry
which contemplates locating within said Town and is required to extend
water transmission lines or sewer collection or interceptor lines,
or any or all of them, to a maximum amount of 20% of the amount actually
expended for the extension of the said water and sewer lines, or both.
(45)
To provide for or continue a public library and, at
the discretion of the Town Council, to contribute, donate or give
unto any public library providing service to the Town funds or property;
provided that any such contribution, donation or gift may be subject
to such conditions and stipulations as to the use thereof as the Town
Council shall deem advisable.
(46)
To provide for the organization of an ambulance service
and/or emergency treatment service and the control and government
thereof; and at the discretion of the Town Council to contribute,
donate or give an amount or amounts not to exceed in the total during
any fiscal year 3% of the total taxes levied on real estate unto any
volunteer ambulance or emergency treatment service company or companies
incorporated under the laws of the State of Delaware, or any volunteer
ambulance association or associations maintaining and operating ambulance,
emergency treatment equipment and service to the Town, provided that
any such contribution, donation or gift may be made subject to such
conditions and stipulations as to the sum thereof as the Town Council
shall deem advisable.
(47)
To receive bequests, gifts and donations of all kinds
of property, real or personal, within or without the Town, in fee
simple or in trust for charitable or other purposes and to do all
acts necessary to carry out the purposes of such bequests, gifts and
donations with the power to manage, sell, lease or otherwise dispose
of the same.
(48)
In the event the Town brings any action at law (including
seeking the imposition of a fine or penalty, establishment of a lien
or the collection of an amount owed the Town in an action for debt)
or in equity, to enforce compliance with any Town ordinance, or correct
and abate any nuisance, the Town shall, if it is the prevailing party
in such action, be entitled to recover, as part of the judgement,
in addition to any other amount recovered, the Town's court costs
(including all filing fees, court reporting charges and expert witness
fees) and its reasonable attorney's fees.
(49)
To impose, upon new development or construction or
upon first-time occupancy of new construction, such "impact fees"
as are reasonably calculated to recover the cost of installing, enlarging,
improving, or expanding public or municipal improvements which have
a rational nexus to such new construction; and/or to contribute to
the costs of operations of those volunteer fire companies and/or ambulance/paramedic
companies providing services within the Town.
|
(65 Del. Laws, c. 412, § 1; 68 Del. Laws, c. 212, § 1; 69 Del. Laws, c. 51, § 1; 69 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 443, §§ 16 and 17; 71 Del. Laws, c. 268, § 1; 73 Del. Laws, c. 363, § 7; 73 Del. Laws, c. 400, § 1; 74 Del Laws, c. 244, § 1; 75 Del. Laws, c. 65, § 1; 75 Del. Laws, c. 35, § 1; 76 Del. Laws, c. 13, §§ 1 and 2)
|
(a)
The Town Council shall have the power and authority
to lay out, locate and open new streets or to widen and alter existing
streets or parts thereof and to vacate or abandon streets or parts
thereof, whenever the Town Council shall deem it for the best interest
of the Town.
(b)
The procedure to be used for any of those things heretofore
listed in this section shall be as follows:
(1)
Whenever five or more property owners in a portion
of the Town directly affected or abutting on the proposed street to
be opened, laid out, changed, altered, widened, vacated or closed
shall, by written petition with each signature duly acknowledged,
request the Town Council to lay out, locate or open a new street or
to widen or alter any existing street or any part thereof or to vacate
or abandon a street or any part thereof, the Mayor of the Town of
Millsboro shall appoint a committee composed of not less than three
of the elected members of the Town Council to investigate the possibility
of changing the structure of said streets in the Town. The petition
presented to the Council by the property owners shall include a description
of the property through which the proposed street shall be laid out
or description of the street on which any of the other actions heretofore
described shall take place and the reasons why the change in the structure
of the streets of the Town should be undertaken; or the Town Council,
by a majority vote of the elected members thereof may, by resolution,
propose that a committee composed of not less than three of its elected
members be appointed by the Mayor to investigate the possibility of
changing the street structure of the Town.
(2)
Not later than 90 days following its appointment,
the committee shall submit a report concerning its findings to the
Mayor and to the Town Council. The report shall contain the advantages
and disadvantages to the Town caused by the changes of the street
structure and shall contain the conclusion of said committee either
recommending or disapproving the change of said street structure.
If the report of the committee appointed by the Mayor recommends changing
the existing street structure of the Town of Millsboro, the Council,
by resolution passed by a majority of the elected members of the Town
Council concurring therein, shall propose to the property owners and
citizens of the Town that the Council proposes to change the street
structure by opening a new street or by doing any of those things
hereinbefore described to the existing street structure of the Town.
If the report of the committee appointed by the Mayor is not in favor
of changing the existing street structure of the Town of Millsboro,
the resolution proposing the change in the street structure to the
property owners and citizens of the Town of Millsboro shall be passed
by a majority of 3/4 of the elected members of the Town Council. The
resolution shall contain a description of the proposed change and
shall affix a time and place for a public hearing on the matter of
changing the street structure. The resolution adopted by the Town
Council shall be printed in a newspaper having a general circulation
in the Town of Millsboro or, in the discretion of the Town Council,
the resolution shall be posted in five public places in the Town for
at least one week before the time set for the public hearing. The
notice shall be published at least one week prior to the date set
for said public hearing. The resolution shall also state the hour
and place where and when the Town Council shall sit to hear objections
and to award just and reasonable compensation to anyone who will be
deprived of property by the proposed change in the existing street
structure of the Town.
(3)
Whenever the Town Council shall have determined to
locate or lay out or widen any street, lane or alley and shall have
affixed compensation therefor, it shall be the duty of the Town Council
immediately after the survey and location of said street, lane or
alley, to notify by certified mail with return receipt requested and
postage prepaid the owner or owners of the real estate through or
over whom such street, lane or alley may run of their determination
to open or widen the same and to furnish a general description or
location thereof; also the amount of compensation or damages allowed
to reach such property owner, and if such owner be not a resident
of the Town, to notify the holder or tenant of said real estate and
the owner of such property if his address be known; that there be
no holder or tenant resident in said Town and the address of the owner
be unknown or if there is a holder or tenant and the address of the
owner is unknown, said notice may be affixed to any part of the premises.
If the owner be dissatisfied with the amount of compensation or damages
allowed by the Town, as aforesaid, said property owner may, within
10 days after such notice, as aforesaid, was posted or mailed, appeal
from written notice of assessment or compensation or damages by serving
written notice by certified mail with return receipt requested and
postage prepaid on the Mayor of the Town to the effect that he or
she is dissatisfied with the amount of such compensation or damages,
and that it is his or her intention to make written application to
one of the Judges of the Superior Court of the State of Delaware,
in and for Sussex County, for the appointment of a commission to hear
and determine the matter in controversy; and in order to prosecute
said appeal, such owner shall, within 15 days after serving said notice
upon the Mayor as aforesaid, make written application to said Judge
of the Superior Court of the State of Delaware, in and for Sussex
County, for the appointment of such a commission; and thereupon said
Judge shall issue and appoint a commission directed to five freeholders
of said county, three of whom shall be residents of the Town of Millsboro,
and two of whom shall be nonresidents of said Town, requiring them
to assess the damages which the owner of the real estate through or
over which said street, lane or alley shall pass or who shall have
suffered damage because of any other action taken by the Town pursuant
to the provisions hereof and who shall have notified said Town Council
of their intention to appeal may incur by reason thereof and to make
a return of their proceeding to said Judge at the time therein appointed.
(4)
The freeholders named in such commission, being first
duly sworn or affirmed, shall view the premises and may, or a majority
of them, shall assess the damages, as aforesaid, and shall make return
in writing of their proceedings to said Judge who shall deliver and
return to the Town Council which shall be final and conclusive. Said
Judge shall have the power to fill any vacancy in the commission.
The amount of damages being so ascertained, the Town Council may pay
or tender the same to the person or persons entitled thereto within
30 days after the same shall be finally ascertained or if the person
or persons so entitled reside out of or are absent from the Town during
the said period of 30 days, then the same shall be deposited to his
or her credit in the banking institution as may be described by the
Town Council, which institution shall be licensed in the State of
Delaware and insured by the Federal Deposit Insurance Corporation
or its successor, with offices in Georgetown, Sussex County, Delaware,
within said time, and thereupon said property or lands may be taken
or occupied for the use as aforesaid.
(5)
If the ascertainment and assessment of damages by
the freeholders appointed by the Judge, as aforesaid, shall be increased,
the cost of the appeal shall be paid by the Town out of any money
in the hands of the Town Manager belonging to the Town, but if said
damages shall not be increased, the cost of the appeal shall be paid
by the party appealing. Said freeholder members of the commission
shall receive and be entitled for each day's actual service or of
any part of a day the sum of $5. After the damage shall be fixed and
ascertained by the freeholders, the Town Council shall have the option
to pay the damages assessed within the time aforesaid, and to proceed
with said improvements or, upon the payment of the costs only, may
abandon the proposed improvements. In the event that either party
feels that the damages assessed are not just as being excessive or
inadequate, an appeal may then be prosecuted at the Supreme Court
of the State of Delaware.
(a)
Whenever the Town Council shall have determined that
any paving, graveling, curbing or any or all of them shall be done,
it shall cause a notice to be sent to the owner or owners along or
in front of whose premises the same is to be done, particularly designating
the nature and character thereof, and thereupon it shall be the duty
of such owner or owners to cause such paving, graveling and/or curbing,
or any of them, to be done in conformity with said notice. In the
event that any owner or owners neglect to comply with said notice
for the space of 30 days, said Town Council may proceed to have the
same done, and when done, the Town Manager shall, as soon as convenient
thereafter, present to the owner or owners of such lands a bill showing
expenses of such paving, graveling and curbing, or any of them. If
such owner or owners be not resident in the Town of Millsboro, such
bills shall be sent by certified mail with postage prepaid or to such
owner or owners directed to him, her or them at the last known address.
If such bill be not paid by the owner or owners of such lands within
60 days after the presentation thereof, as aforesaid, the Town Manager
shall proceed to collect the same in the same manner and under the
same terms and conditions as are provided for the collection of delinquent
taxes.
(b)
Any notice sent to one co-owner shall be notice to
all owners, and in the case no owners shall reside in said Town, notice
served as set forth herein or posted upon the premises shall be sufficient.
(a)
In the collection of any charges due the Town for
water rentals, sewer service charges, electric bills, gas bills, license
fees, tapping fees, front foot assessments, charges growing out of
the abatement of nuisances, laying out and repairing paving, graveling
or curbing, or any of them, such charges shall become a first lien
against all real estate of the delinquent property owners and/or taxpayers
situate within the Town, and such charges shall have preference and
priority for a period of 10 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.
(a)
The Town Council may borrow money and issue bonds
or certificates of indebtedness to secure the repayment thereof on
the faith and credit of the Town of Millsboro to provide funds for
the erection, extension, enlargement, purchase or the repair of any
plant, machinery, appliances or equipment for the supply or the manufacture
and distribution of electricity or gas for light, heat or power purposes;
for the furnishing of water to the public, for the construction, repair
and improvements of highways, streets or lanes or the paving, curbing
or erection of gutters and curbs along the same; for the purchase
of real estate for any municipal purpose; for the construction or
repair of sewage disposal equipment; or to defray the cost or the
share of the Town of the costs of any permanent municipal improvements;
provided, however, that the borrowing of money therefor shall have
been authorized for the Town Council in the manner following:
(1)
The Town Council by resolution shall propose to the
residents and property owners of the Town that the Town Council proposes
to borrow a sum of money, not to exceed a stated amount, for any of
the purposes above stated. 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 all other pertinent facts relating
to the loan which are deemed pertinent by the Town Council and in
their possession at the time of the passage of the resolution and
shall fix a time and place for a hearing on said resolution.
(2)
Notice of the time and place of the hearing on the
resolution authorizing said loan shall be printed in a newspaper having
a general circulation in the Town or distributed in circular form
at least one week before the time set for the public hearing.
(3)
Following the public hearing, a second resolution
shall then be passed by the Town Council ordering a special election
to be held not less than 30 days nor more than 60 days after said
public hearing to borrow said money, said special election to be for
the purpose of voting for or against the proposed loan. The passing
of the second resolution calling a special election shall ipso facto
be considered the determination of the Town Council to proceed with
the matter in issue.
(4)
The notice of the time and place of holding said special
election shall be printed in two issues of a newspaper having a general
circulation in the Town of Millsboro within 30 days prior to said
special election or distributed in circular form at least 15 days
prior to the special election, or both, at the discretion of the Town
Council.
(5)
At said special election, every citizen of the Town
of Millsboro shall have one vote, and, in addition, every person who
is an owner of real property within the corporate limits of the Town
of Millsboro shall also have one vote. No vote shall be cast by a
partnership except by a partner presenting notarized certification
of said partnership authorizing the partner named therein to cast
the vote of the partnership and no vote shall be cast by an association,
corporation, limited liability company, trust or other legally constituted
entity except by a person presenting notarized certification or certified
copy of a resolution of said entity authorizing the person named therein
to cast the vote of said entity. The Board of Special Elections shall
be the sole and final judge of the legality of the votes offered at
such special election.
(6)
The Town Council shall cause to be prepared, printed
and have available for distribution a sufficient number of ballots
not less than five days prior to said special election. The special
election may, at the discretion of the Town Council, be conducted
by the use of voting machines or by paper ballot. The Mayor of the
Town of Millsboro, by and with the advice and consent of the majority
of the Town Council, shall appoint three persons to act as a Board
of Special Election. The polling places shall be opened from 1:00
in the afternoon prevailing time, until 7:00 in the evening, prevailing
time, on the date set for the special election.
(7)
The Board of Special Elections shall count the votes
for and against the proposed loan and shall announce the result thereof.
The Board of Special Election shall make a certificate under their
hands of the number of votes cast for and against the proposed loan
and the number of void votes and shall deliver the same to the Town
Council which said certificate shall be retained by the Town Council
with the other papers of the Town Council.
(8)
(A)
If a majority of the votes cast at such special
election shall be in favor of such borrowing, the Town Council shall
proceed with the issuance of said bonds or evidences of indebtedness;
provided, however, that the Town Council may, at any time prior to
entering into a binding agreement for the public or private sale of
such bond(s) or evidence(s) of indebtedness, abandon the proposed
borrowing.
(B)
The form of the bond or certificate of indebtedness,
the interest rate, the time or times of payment of interest, the classes
of the bond, the time or times of maturity and the provisions as to
registration shall be determined by the Town Council after said special
election.
(C)
Bond Anticipatory Notes. In anticipation of
the issuance of said bonds at any time after a special election resulting
in a vote in favor of the bond issue, the Town Council may issue and
sell bond anticipatory notes of the Town at either public or private
sale for not less than par and accrued interest. Said notes may be
renewed from time to time by the issuance of and sale of new notes.
Said notes shall bear interest at a rate determined by the Town Council
to be fair and reasonable. All such notes shall mature and be paid
not later than two years from the date of issuance. The total amount
of said notes outstanding at any one time shall not exceed the amount
for which a special election resulted in a favorable vote. Said notes
shall be redeemed at par and accrued interest prior to their maturity
if the Town Council shall have reserved the right to do so by an express
provision in the note or notes. The principal and any interest due
on said notes may be paid from the proceeds of the sale of the bonds
authorized by this section. Both interest on and principal of any
bond anticipatory notes shall not be subject to taxation by the state
of Delaware or any political subdivision thereof.
(9)
The bonds may be sold at either public or private
sale. If it is determined to sell the bonds at public sale, the bonds
shall be offered for sale to the best and most responsible bidder
therefor after advertisement in a manner to be prescribed by the Town
Council.
(10)
The Town Council shall provide in its budget and in
the fixing of the rate of tax for the payment of interest on and principal
of said bonds at the maturity thereof.
(11)
The faith and credit of the Town of Millsboro shall
be deemed to be pledged for the due payment of the bonds and interest
thereon issued pursuant to the provisions hereof when the same had
been properly executed and delivered for value.
(12)
Statute of Limitations, 60 days. No action contesting
any proceedings conducted, or action taken, by the Town Council hereunder
regarding the authorization of any bonds or certificates of indebtedness
issued under this Section shall be brought after the expiration of
60 days from the publication of a notice in two issues of a newspaper
having general circulation in the Town of Millsboro, which notice
shall announce the following information.
(A)
That the Town Council has determined to borrow
a certain sum of money and to issue bonds or certificates of indebtedness
therefor;
(B)
That the proposal has been approved by a majority
of those casting votes at a special election in the Town called for
the purpose of voting for or against the borrowing;
(C)
The amount of money to be borrowed;
(D)
The purpose for which it is to be borrowed;
(E)
That any person desiring to challenge the authorization
of such bond(s) or certificate(s) of indebtedness must bring his or
her action within 60 days from the date of publication of such notice
or forever be barred from doing so;
(F)
Such notice shall be in bold print or bordered
in black in such manner to call attention thereto.
(b)
The bonded indebtedness shall not at any time exceed
in the aggregate the total sum of 25% of the value of real property
situate within the limits of the Town of Millsboro shown by the last
assessment preceding the creation of said indebtedness.
(c)
Notwithstanding subsection (a) of this section, on the Town receiving notice of being granted 100% principal loan forgiveness from a federal, state or local government funding source, a vote at a special election is not required for the municipal project under this section. The Town Manager or designee shall proceed with the resolutions required under this section and public hearing on the project. If the Town is required to expend any funds on the project over the principal forgiveness value, the amount of expenditure and source of payment must be detailed in the resolutions required under this section.
(d)
Notwithstanding subsection (a) of this section, on the Town receiving notice that a portion of an existing federal, state or local government loan is being granted 100% principal loan forgiveness, such principal forgiveness value shall not be included in or count toward the aggregate limit of any borrowing authorization previously approved by a vote at a special election pursuant to this section.
(e)
The Town Council may refund any or all outstanding bonds or other indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein but refunding of such bonds or other indebtedness of the Town shall not require the procedure set out in this subsection (a) of this section so long as the outstanding principal amount of the refunding bonds or other evidence of indebtedness does not exceed the face amount refunded, plus the cost of refunding, and shall be enacted by resolution of the Town Council.
(a)
The Town Council, in addition to the power set forth
in § 34 of this Charter to borrow money and to issue bonds,
shall have the authority to borrow money and issue bonds or certificates
of indebtedness and to secure the payment thereof by pledging the
revenues derived from the operation of any project for which bonds
are issued pursuant to this section.
(b)
The funds derived from the sale of bonds issued pursuant
to this section may be used for the acquisition, construction, reconstruction,
repair, alteration, improvement, extension, financing or refinancing
of any commercial, industrial, agricultural, educational or healthcare
facility, and equipment therefor, to be operated by any for-profit
or not-for-profit entity, including transaction costs, redemption
premium, interest during construction and working capital for the
project, provided that the issuance of such bonds pursuant to this
section shall not constitute a debt of the Town of Millsboro nor a
pledge of its credit or taxing power and the bonds shall contain on
the face thereof a statement to the following effect:
|
"Neither the faith and credit nor the taxing
power of the Town of Millsboro is pledged to the payment of the principal
of, premium, if any, or interest on this bond, nor is the Town of
Millsboro in any manner obligated to make any appropriation for payment
thereof."
| |
|
The project to be funded with the proceeds of
bonds issued under this section may be accomplished by a loan of the
bond proceeds from the Town to any for-profit or not-for-profit entity.
|
(c)
All bonds issued pursuant to this section shall be
deemed to be legal investments by any bank, trust company, insurance
company, executor, administrator, curator, trustee or any other fiduciary.
(d)
The interest on any bonds issued pursuant to this
section shall be exempt from all taxation by the State of Delaware
or by any political subdivision or agency thereof.
(e)
There shall be no limitation on the amounts of bonds
to be issued pursuant to this section, and the indebtedness created
by any bonds issued pursuant to this section shall not be used in
computing the maximum bonded indebtedness which may be created by
the Town pursuant to § 34 of this Charter, nor shall the
Town Council be required to levy taxes to pay the principal of or
interest on any bonds issued pursuant to this section.
(f)
The bonds to be issued pursuant to this section shall
be authorized by resolution of the Town Council which shall determine
that the issuance of such bonds shall be in the best interest of the
citizens of the Town of Millsboro. The bond shall bear such date or
dates, mature at such time or times not exceeding 40 years from their
respective dates, bear interest at a rate or rates per annum, be in
such denominations, be in such form either coupon or registered, carry
such registration privileges, be executed in such manner, be payable
in lawful money of the United States of America, at such place or
places and be subject to such terms of redemption, as such resolution
or resolutions may provide. Bonds of the Town of Millsboro issued
by the Town Council pursuant to the provisions of this section may
be sold at either public or private sale at such place and interest
rates as may be determined by the Town Council.
(g)
Any resolution or resolutions authorizing any bonds
securing any issue of bonds may contain provisions which shall be
part of a contract with the holders of the bonds thereby authorized
as to any matter relating to the repayment of the bonds, the security
therefor, the operation of the project and any other matter or course
of conduct that affect the foregoing.
(h)
Neither the Mayor nor any member of the Town Council
of the Town of Millsboro nor any person executing the bonds or other
obligations shall be personally liable on the bonds or other obligations
or be subject to any personal liability or accountability by reason
of the issuance thereof.
(i)
In the discretion of the Town Council, the bonds may
be secured by a trust indenture by and between the Town of Millsboro
and a corporate trustee which may be any trust company or bank having
the powers of a trust company. Such trust indenture may contain such
provisions for protecting and enforcing the rights and remedies of
the bondholders as may be determined by the Town Council.
|
(60 Del. Laws, c. 457, § 1)
|
In addition to all other powers the Town Council
of the Town of Millsboro may have, and notwithstanding any limitation
of law, the Town Council of the Town of Millsboro shall have all powers
and may undertake all actions for the purposes set forth in and in
accordance with Title 22 of the Delaware Code, Chapter 17, relating
to the Municipal Tax Increment Financing Act, and Chapter 18, relating
to Special Development Districts.
|
(75 Del Laws, c. 87, § 2)
|
No action, suit or proceeding shall be brought
or maintained against the Town of Millsboro 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 or
willful or wanton of said Town of Millsboro, or any of its departments,
officers, agents, servants or employees, unless the person by or on
behalf of whom such claim or demand is asserted, within 90 days from
the happening of said injury or the suffering of such damages, shall
notify the Town of Millsboro in writing of the time, place, cause,
character and extent of the injury sustained or damages suffered.
Such notice shall be directed to the Mayor of the Town of Millsboro
by certified mail with return receipt requested and postage prepaid.
It shall be the duty of the Town Council, at
reasonable time or times, to compile the ordinances, current regulations,
orders and rules of the Town of Millsboro. The Town Council shall
have a reasonable number of copies printed for the use of the officials
of the Town and for public information. From time to time, upon the
enactment of new ordinances, currents, rules and regulations, or upon
the enactment of amendments to the same, the Town Council shall enroll
the same in the minutes of the Town Council 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 the Mayor of the Town
of Millsboro 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.
(a)
All powers conferred upon or vested in the Town Council
of the Town of Millsboro 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 Town of Millsboro and/or the Town
Council of the Town of Millsboro precisely as if each of said powers
was expressly set forth in this Charter.
(b)
All ordinances adopted by the Commissioners of Millsboro
and in force at the time of 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 Town Council of the
Town of Millsboro under the provisions of this Charter.
(c)
All of the acts and doings of the Commissioners of
Millsboro or of any official of the Commissioners of Millsboro 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
Millsboro or under any provision of any prior Charter of the Town
Council of the Town of Millsboro, prior to the approval, acceptance
and going into effect of this Charter, are hereby ratified and confirmed,
unless otherwise provided herein.
(d)
All taxes, assessments, license fees, penalties, fines
and forfeitures due the Commissioners of Millsboro or the Town of
Millsboro shall be due the Town of Millsboro, and all debts from the
Town or the Commissioners of Millsboro shall remain unimpaired until
paid by Town of Millsboro.
(e)
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 Millsboro.
(f)
The bonds given by or on account of any official of
the Commissioners of Millsboro shall not be impaired or affected by
the provisions of this Charter.
(g)
All acts or parts of acts inconsistent with or in
conflict with the provisions of this Charter be and the same are hereby
repealed to the extent of any such inconsistency.
(h)
If any part of this Charter shall be held to be unconstitutional
or invalid by a court of competent jurisdiction, such holding shall
not be deemed to invalidate the remaining provisions of this Charter.
(i)
This Charter shall be taken as and deemed to be a
Public Act of the State of Delaware.
