The inhabitants of The Town of Dagsboro 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 Dagsboro."
The Town shall have perpetual succession and
shall succeed to own or possess all property, whether real, personal,
or mixed, tangible or intangible, of whatever kind and nature, and
all the powers, rights, privileges or immunities now or heretofore
belonging to, possessed or enjoyed by the Town of Dagsboro previously
incorporated at Chapter 161, Volume 43, Laws of Delaware, as amended.
The present boundaries and limits of The Town
of Dagsboro are hereby established and declared as follows:
BEGINNING at a point in the center of the State
Highway leading from Frankford to Dagsboro, said beginning point being
opposite the center of the John M. Clayton School Building; thence
North eighty-eight degrees West seven hundred feet (N 88 degrees W
700 ft.) to a stone; thence North twenty-four degrees West four thousand
and one hundred and fifty feet (N 24 degrees W 4,150 ft.) to the run
of Pepper's Creek Canal; thence in a southwesterly direction with
said Canal to the middle of a ditch known as the fifth prong of said
Canal; thence in a Northwesterly direction with the various meanderings
of said ditch to the center of the Coleman du Pont Boulevard (State
Route 113) to a bridge, numbered 423; thence with the center of said
Boulevard the following two courses and distances, to-wit; North seventy-seven
degrees West seven hundred and seventy feet (N 77 degrees W 770 ft.);
North forty-five degrees West two thousand and fifty-five feet (North
45 degrees W 2,055 ft.) to a bridge numbered 501; thence in a Northeasterly
direction with the various meanderings of a ditch to a stone at the
ditch on line for lands of John C. Hazzard and Granville A. Cannon;
thence North seventy-five degrees East one thousand and eighty-two
feet (N 75 degrees E 1,082 ft.) to the intersection of the State Highway
leading from Dagsboro and the D. M. & V. R. R.; thence North twenty-one
degrees East one hundred and seventy-seven feet (N 21 degrees E 177
ft.) to an iron; thence South sixty-four and one-half degrees East
eight hundred and ninety-five feet (S 64-1/2 degrees E 895 ft.); thence
South forty-four degrees and thirty minutes East seven hundred and
twenty-three feet (S 44 degrees 30 minutes E 723 ft.) to a stone on
the bank of a ditch; thence in a South easterly direction with the
various meanderings of said ditch to a stone where ditch empties into
Pepper's Creek Canal; thence South thirty-six and one-quarter degrees
East five hundred and thirty-six feet (S 36-1/4 degrees E 536 ft.)
to a tone; thence South sixty and one-half degrees East two hundred
and ninety-six feet (S 60-1/2 degrees E 296 ft.) to a stone; thence
South one-half degrees East one thousand five hundred and ninety-four
feet (S 1/2 degree E 1,594 ft.) to a stone; thence South twenty-eight
and one-half degrees West one thousand three hundred and ten feet
(S 28-1/2 degrees W 1,310 ft.) to a stone; thence South one and one-half
degrees West two thousand one hundred and sixty-eight feet (S 1-1/2
degrees W 2,168 ft.) to a stone; thence South sixty-three and three-quarter
degrees West five hundred and forty feet (S 63-3/4 degrees W 540 ft.)
to the point or place of beginning. The Council may, at any time hereafter,
cause a survey and plot to be made of said Town, and the said plot,
when so made and approved by the said Council, and signed by the Mayor
and Secretary of Council, and sealed with the Town Seal, and when
recorded in the office of the Recorder of Deeds of the State of Delaware,
in and for Sussex County, at Georgetown, shall be deemed to be a true
map and plot of the Town, and the same, or the record thereof or a
duly certified copy of said record, shall be evidence in all Courts
of law and equity in this State.
In the event it becomes feasible and necessary
in the future for The Town of Dagsboro to enlarge its then existing
limits and territory, such annexation accomplished pursuant to the
following procedures shall be lawful:
(A) If all of the property owners of a territory contiguous
to the then existing corporate limits and territory of The Town of
Dagsboro, 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 Mayor of The Town of Dagsboro
shall appoint a Committee composed of not less than three (3) of the
elected members of the Town Council to investigate the possibility
of annexation. The Petition presented to the Town Council shall include
a description of the territory requested to be annexed and the reasons
for the requested annexation. Not later than ninety (90) days following
its appointment by the Mayor, as aforesaid, the Committee shall submit
a written Report containing its findings and conclusions to the Mayor
and Town Council of Dagsboro, The Report so submitted shall include
the advantages and disadvantages of the proposed annexation both to
The Town of Dagsboro 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. 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 of Dagsboro may
then pass a second Resolution annexing such territory to The Town
of Dagsboro. Such Resolution shall be passed by the affirmative vote
of two-thirds (2/3) of all the elected members of the Town Council.
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 (5) or more property owners but less than all the
property owners of a territory contiguous to the then limits and territory
of The Town of Dagsboro.
(B) If five (5) 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 of Dagsboro 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 Mayor of The Town of Dagsboro shall appoint a Committee
composed of not less than three (3) of the elected members of the
Town Council to investigate the possibility of annexation. The Petition
presented to the Town Council shall include a description of the territory
requested to be annexed and the reasons for the requested annexation;
or the Town Council, by majority vote of the elected members thereof
may, by Resolution, propose that a committee composed of not less
than three (3) of the elected members of the Town Council be appointed
by the Mayor to investigate the possibility of annexing any certain
territory contiguous to the then limits and territory of The Town
of Dagsboro.
(C) Not later than ninety (90) days following its appointment
by the Mayor, as aforesaid, the Committee shall submit a written Report
containing its findings and conclusions to the Mayor and the Town
Council of Dagsboro. The Report so submitted shall include the advantages
and disadvantages of the proposed annexation both to The Town of Dagsboro
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. 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, within thirty (30) days after receiving a report, a second
Resolution shall then be passed by the Town Council proposing to the
property owners and residents of both The Town of Dagsboro and the
territory proposed to be annexed that the Town proposes to annex certain
territory contiguous to its then limits and territory. 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 Resolution proposing annexation to the
property owners and residents shall require the affirmative vote of
two-thirds (2/3) of all the elected members of the Town Council. If
the Resolution shall fail to receive the affirmative vote of two-thirds
(2/3) of the elected members of the Town Council, the territory proposed
to be annexed shall not again be considered for annexation for a period
of one (1) year from the date that the Resolution failed to receive
the required affirmative vote. 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. The Resolution adopted by the Town Council setting forth
the above information shall be printed in a newspaper having a general
circulation in The Town of Dagsboro at least one (1) week 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 (4) public
places both in The Town of Dagsboro and in the territory proposed
to be annexed.
(D) Following the public hearing, but in no event later
than thirty (30) days thereafter, a Resolution shall then be passed
by a majority of the Town Council ordering a Special Election to be
held not less than thirty (30) nor more than sixty (60) 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 Town Council to proceed with the matter of the proposed annexation.
(E) The notice of the time and place of said Special Election
shall be printed within thirty (30) days immediately preceding the
date of this Special Election in at least two (2) issues of a newspaper
having a general circulation in The Town of Dagsboro, or, in the discretion
of the Town Council, the said notice may be posted in four (4) public
places, both in The Town of Dagsboro and in the territory proposed
to be annexed at least fifteen (15) days prior to the date set for
the said Special Election.
(F) At the Special Election, every property owner, whether
an individual, partnership or a corporation both in The Town of Dagsboro
and in the territory proposed to be annexed shall have one (1) vote.
Every citizen of either The Town of Dagsboro or of the territory proposed
to be annexed over the age of eighteen (18) years who is not a property
owner shall have one (1) vote. In the case of property owned by more
than one (1) person, firm or corporation or any combination thereof
whether as tenants in common, joint tenants, or as tenants by the
entireties, each such joint owner shall have one (1) vote. In the
event that a person owns property or has an ownership interest in
property both in The Town of Dagsboro and in the territory proposed
to be annexed and resides in either place, he/she may vote only where
he/she resides. In the event that a person owns property both in The
Town of Dagsboro and in the territory proposed to be annexed but does
not reside in either place, he/she may vote only in The Town of Dagsboro
and not in the territory proposed to be 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 of Dagsboro
in the case of property owners and citizens of the Town and the 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 citizens to vote at the Special Election.
(G) In the event that an individual holds an unrevoked
Power of Attorney duly executed specifically authorizing the said
individual to vote at the said Special Election, an executed copy
of the Power of Attorney shall be filed in the Office of The Town
of Dagsboro. Said Power of Attorney so filed shall constitute conclusive
evidence of the right of said person to vote in the Special Election.
(H) The Town Council of The Town of Dagsboro shall cause
voting machines to be used in the Special Election, the form of ballot
to be printed as follows:
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For the proposed annexation.
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Against the proposed annexation.
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(I) The Mayor of The Town of Dagsboro shall appoint three
(3) persons to act as a Board of Special Election, at least one (1)
of whom shall own property in The Town of Dagsboro and at least one
(1) of whom shall own property in the property proposed to be annexed.
One (1) 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 (2) voting machines.
All votes cast by those persons, partnerships or corporations 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
of Dagsboro shall be accomplished on the other such voting machine.
The polling place shall be open from one o'clock in the afternoon,
prevailing time, until five o'clock in the afternoon, 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.
(J) 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
of The Town of Dagsboro. Said Certificate shall be filed with the
papers of the Town Council.
(K) In order for the territory proposed to be annexed
to be considered annexed, a majority of the votes cast both from The
Town of Dagsboro 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 (1) year from the date of said Special Election. If a favorable
vote for annexation shall have been cast, the Town Council of The
Town of Dagsboro 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 ninety (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 of Dagsboro 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 (90) day
period from the date of the favorable Special Election.
(L) If the territory proposed to be annexed includes only
territory which is exempt from taxation 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 of The Town of Dagsboro may
proceed to annex such territory by receiving a certified copy of a
Resolution requesting such annexation if such property is owned by
a corporation or 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. The certified copy of the Resolution or
the Petition shall include a description of the territory requested
to be annexed and the reasons for the requested annexation. Upon receipt
of the certified copy of the Resolution or the Petition, the Mayor
of the Town of Dagsboro shall appoint a committee composed of not
less than three (3) of the elected members of the Town Council to
investigate the possibility of annexation. Not later than ninety (90)
days following its appointment by the Mayor, as aforesaid, the Committee
shall submit a written report containing its findings and conclusions
to the Mayor and Town Council of Dagsboro. The report so submitted
shall include the advantages and disadvantages of the proposed annexation
both to The Town of Dagsboro 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.
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 of Dagsboro may
then pass a second Resolution annexing such territory to The Town
of Dagsboro. Such Resolution shall be passed by the affirmative vote
of two-thirds (2/3) of all the elected members of the Town Council.
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 Resolution shall be passed
by three-fourths (3/4) of all the elected members of the Town Council.
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 one (1) year from the date that the
Resolution failed to receive the required votes. If the Resolution
receives the required number of votes, the Town Council of The Town
of Dagsboro 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 ninety (90) days following the passage of the
Resolution. The territory considered for annexation shall be considered
to be a part of The Town of Dagsboro 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 (90) day period from the date of the passage
of the Resolution.
The Government of the Town in the exercise of
all powers confered by this Charter, except as otherwise provided
herein, shall be vested in and exercised by a five (5) member Town
Council, each of whom shall be elected by a popular vote as hereinafter
provided. The term of office for each member of the Town Council shall
be two (2) years, commencing at the Annual Meeting of the Town Council
following his/her election and continuing until his/her successor
is duly elected and qualified. Town Council members shall continue
to serve as Council members and officers of the Town from and after
the effective date of this Charter as amended until the successors
are duly elected or appointed. The Mayor and each Council person shall
receive as compensation such amount as shall be determined by the
Town Council by ordinance or resolution for attendance at any regular
meeting, special meeting or workshop meeting. The time of payment
shall be determined by the Town Council, but in no event shall such
compensation be paid less frequently than quarterly. (68 Del. Laws,
c. 138; 7/2/92)
The qualifications for each member of the Town
Council at the time of the election shall be as follows:
(A) Each member shall be at least eighteen (18) years
of age.
(B) Each member shall be a natural person, citizen of
the United States and of the State of Delaware and a bona fide resident
of The Town of Dagsboro.
(C) Each of the qualifications for members of the Town
Council shall be continuing qualifications to hold office and the
failure of any member of the Town Council to have any of the qualifications
required by this Section during his term of office shall create a
vacancy in the office.
Each candidate for the Office of Town Council shall file for
candidacy as follows:
(A) Each candidate for Town Council shall notify the Clerk of the Town
Council in writing of his or her candidacy.
(B) All notifications of candidacy shall be filed with the Clerk of the
Town Council not later than 4:30 p.m. in the afternoon, prevailing
time, on the twenty-first day prior to the date of the election. If
such day is a legal holiday, the last day for filing notification
of candidacy shall be the last business day immediately preceding
the twenty-first day prior to the date of election. The earliest date
for filing of notifications of candidacy shall be twenty days before
the aforesaid deadline. Such notification of candidacy shall be upon
a suitable form or blank furnished by The Town of Dagsboro, which
said statement shall be dated, signed by the candidate and witnessed
by at least two (2) qualified persons eligible to vote in the Annual
Municipal Election. Twenty (20) days prior to the aforementioned filing
deadline, the Town shall conspicuously post within the Town a Notice
of Solicitation of Candidates. Such Notice shall include the term
or terms of each office up for election, the deadline and procedure
for declaring candidacy of an office up for election, and the qualifications
for holding each office.
(C) The Town Council shall make arrangements for voting machines to be
placed in the polling place prior to the time set forth in this Charter
for the beginning of the Annual Municipal Election.
(D) The Town Council shall hold a meeting within five (5) days after
the close of the time for the filing of notification of candidacy
for the purpose of determining the qualifications of the candidates.
(77 Del Laws, c. 39, 6/15/2009)
The procedure for holding the Annual Municipal Election shall be in accordance with the provisions of Title 15, Delaware Code, Chapter
75 and 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 Dagsboro
on the first Saturday in December of each and every year from one
o'clock in the afternoon, prevailing time, until five o'clock
in the evening, prevailing time.
(B) Notice of the Annual Municipal Election shall be posted conspicuously
within the Town no later than twenty (20) days prior to the date of
the election. Such notice shall include the date, time and location
of the election, the candidates for each office on the ballot and
the qualifications to vote in the election.
(C) All Notices of Annual Municipal Elections shall include information
as to how to obtain an absentee ballot.
(D) The terms of each Councilperson shall be staggered so that at each
Annual Municipal Election there shall be elected either 2 or 3 Councilpersons
who shall serve for a term of two (2) years or until their successors
have been duly elected and qualified.
(E) The members of the Town Council of Dagsboro who hold office at the
time of passage of this Act shall continue to hold office until their
respective successors have been duly elected and qualified.
(F) The Annual Municipal Election shall be conducted by a Board of Election
consisting of an Inspector and two (2) Judges appointed by the Mayor
of The Town of Dagsboro 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 provisions for qualification of members of the Board of Election,
for conduct of members of the Board of Election and the oath to be
administered to members of the Board of Election shall be as set forth
in Title 15, Delaware Code, Section 7551, 7556, 7557, and 7558, as
amended. The Board of Election shall determine who is and who is not
lawfully entitled to vote at the Annual Municipal Election, take reasonable
steps to see that the law pertaining to the Annual Municipal Election
receives compliance and shall count the votes and certify the results
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.
(G) Annual Municipal Elections shall be conducted in accordance with
the provisions of 15, Delaware Code, Section 7557 entitled, "Conduct
of the Election", as amended. At such Annual Municipal Elections,
every person, male or female, who shall have attained the age of eighteen
(18) years and who shall be an owner of real property within the Town
of Dagsboro for a period of thirty (30) days immediately preceding
the date of such Annual Municipal Election, whether an individual,
partnership, association, or corporation, and whether or not a resident
of the State of Delaware or of The Town of Dagsboro shall have one
(1) vote, provided such person is registered to vote in The Town of
Dagsboro. In addition, every person, male or female, who shall have
obtained the age of eighteen (18) years on the date of the Annual
Municipal Election who shall be a bona fide resident of the State
of Delaware and The Town of Dagsboro on the date of the Annual Municipal
Election shall be entitled to one (1) vote, provided such person is
registered to vote in The Town of Dagsboro. Provided, however, that
any person who is both an owner of real property and a resident and
otherwise qualified to vote, shall only be entitled to one (1) vote.
No vote shall be cast by a partnership except by a partner, and no
vote shall be cast by an association or corporation except by a person
holding a certified copy of a resolution of said association or corporation
authorizing the person named therein to cast the vote of said association
or corporation, which certified copy of the resolution shall be filed
with the Election Board at the time said ballot is cast. The Town
Council of The Town of Dagsboro shall provide two (2) registers to
be known as the "Books of Registered Voters" which are to be kept
at the Town office. The Books of Registered Voters shall contain the
following information for each person who registers: The names of
the voters arranged in alphabetical order, the permanent address of
the voter, the local address of the voter, the birth date of the voter,
the date the voter became a resident of the State of Delaware, the
date the voter became a resident of The Town of Dagsboro, the date
the voter became a freeholder of The Town of Dagsboro and other pertinent
information. No person shall be registered upon the Books of Registered
Voters unless such person will have acquired the qualifications to
vote in the Annual Municipal Election for the year in which such person
registers. A person shall only be required to register one time. The
Books of Registered Voters shall be maintained at the Town office
and shall show conclusive evidence of the right of any person to vote
at the Annual Municipal Election. A person may register at the Town
office during regular business hours on any day until the close of
business on the third Friday in November in any year.
(H) Any qualified voter of this Town may cast a vote by absentee ballot in any Municipal Election held under this provision of this Charter, and in accordance with the Absentee Ballot provisions of Subchapter V, Chapter
75 of Title 15, Delaware Code. Such absentee ballot votes shall be counted with the total ballots for the Municipal Election provided the absentee voter is unable to appear at the polling place because of being:
1. In the public service of the United States or of the State;
2. In the armed forces of the United States or the Merchant Marines
of the United States, or attached to and serving with the armed forces
of the United States in the American Red Cross, Society of Friends
or United Service Organizations;
3. Absent from the Town on the day of the Municipal Election;
4. Sick or physically disabled;
5. Absent from the town while on vacation;
6. Occupied by the person's business or occupation, including the
business or occupation of providing care to a parent, spouse or that
person's child who is living at home and requires constant care
due to illness or injury; or
7. Unable to vote at a certain time or on a certain day due to the tenets
or teachings of that person's religion.
(I) In the event that no candidate other than the incumbent has filed
for office for which an election is to be held within the time set
forth in Section 6 of this Charter, the incumbent shall be deemed
to be re-elected for a full term and it shall not be necessary to
have an election. In the event that a number of candidates file for
an equal number of open offices for Town Council for which an election
is to be held, the candidates who filed shall be deemed to be elected
for full terms and it shall not be necessary to have an election.
(J) In the event that no incumbent files for re-election and that fewer
persons than positions available file for offices for which an election
is to be held within the time set forth in Section 6 of this Charter,
the person or persons who have filed shall be deemed to be elected
for a full term and it shall not be necessary to have an election.
The Town Council at its next regularly scheduled meeting shall nominate
and appoint an otherwise qualified and willing person to fill any
vacancy caused by the lack of a sufficient number of candidates to
fill all available positions and such person shall serve a full term
from the date of the election as if elected.
(K) If two or more candidates for the office of Council shall receive
an equal number of votes, the incumbent Councilperson shall continue
in office until the run-off election as hereinafter provided is held.
The Board of Election shall declare the election a tie and shall report
that result to the Town Council which shall, within twenty (20) days
thereafter, hold an election between those candidates where a tie
resulted under the same rules as hereinbefore set forth.
(68 Del. Laws, c. 295, 7/2/21992; 69 Del. Laws, c-15 4/19/1993;
77 Del. Laws, c. 39, 6/15/2009)
(A) Before entering upon the duties of their respective
offices, each of the Councilmen Elect shall be sworn by a Notary Public
to perform faithfully and impartially the duties of their respective
offices with fidelity. At 7:30 o'clock in the evening, prevailing
time, 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 Mayor, who shall hold office for the term of one (1) year
or until his successor shall be duly elected. The Town Council shall
likewise select a Vice-Mayor who shall hold office for the term of
one (1) year or until his successor shall be duly elected. The Town
Council shall likewise elect a Secretary who may or may not be from
their own number to serve until the organization meeting after the
next Annual Municipal Election. The Town Council may also select an
Assistant Secretary to serve, as aforesaid, who may or may not be
from among their own number and such other officers and employees
as may be determined to be necessary.
The Town Council of The Town of Dagsboro shall
hold at least one (1) meeting in each month, the time and days of
the meeting to be determined by Resolution of the Town Council. If
the day selected by the Town Council shall be a legal holiday or if
the monthly meeting is postponed because of weather or other unavoidable
reason, the monthly meeting of the Town Council of The Town of Dagsboro
shall be held on the next succeeding regular business day. Special
meetings shall be called by the Secretary upon the written request
of any two (2) members of the Town Council of The Town of Dagsboro,
stating the day, hour and place of the special meeting requested,
and the subject or subjects proposed to be considered thereat. The
Secretary shall thereon give written notice to the Mayor and to each
member of the Town Council of the day, hour and place of such special
meeting and the subject or subjects to be considered thereat. Such
notice of the Secretary shall be deposited in the United States mail
in the main Post Office of The Town of Dagsboro at least forty-eight
(48) hours before the time of said special meeting; provided, however,
that a written waiver of such notice signed by the Mayor of The Town
of Dagsboro and by all members of the Town Council prior to or immediately
upon convening of the said such special meeting shall make such written
notice unnecessary and shall authorize and make valid the holding
of a special meeting at any time named in the waiver and the transaction
of any business considered at the meeting if the waiver so states.
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
Mayor or in the office of Councilman by death, resignation, loss of
residence in The Town of Dagsboro, 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.
(A) Vacancies. The office of a Town Council member shall
become vacant upon death, incapacity, resignation or forfeiture of
such office.
(B) Forfeiture proceedings. A forfeiture of such office
shall occur when any Town Council member:
(1) Is no longer qualified to hold such office;
(2) Willfully violates any provision of this Charter;
(3) Is convicted of any felony or crime involving any
felony; or
(4) Fails to attend two (2) consecutive regular and/or
special Town Council meetings without being excused by Town Council
vote.
(C) Determination concerning Forfeiture. Where the conditions
set forth in Section 13 B., 3 or 4 occur, forfeiture shall be automatic.
Where the conditions set forth in 13 B 1 or 2 are alleged, forfeiture
shall be approved by the remaining Town Council members. Such decision
shall be made in executive session, and if the Town Council determines
by majority vote that a forfeiture has occurred, it shall, within
forty eight (48) hours thereafter, provide written notice thereof
to the affected Town Council member, by certified mail, return receipt
requested, sufficiently posted. Written notice shall be deemed provided
when deposited in first-class mail with sufficient postage. The affected
member shall be entitled to a hearing and then shall have thirty (30)
days in which to make a written request for a public hearing before
the Town Council, which hearing is to be held within forty five (45)
days of the written request and at which hearing such member may appear
with the assistance of counsel and present evidence to relevant issues.
The Town Council shall also hear any other relevant evidence and vote
again on the question of forfeiture. A determination of forfeiture
shall be made only by unanimous vote of the Town Council members present
and entitled to vote on the question.
(D) Failure to Request Hearing as a Bar. Failure of the
affected member to make written request for a public hearing as hereinabove
stated shall be an absolute bar to his or her right to challenge the
town Council's decision. If a public hearing is held, the Town Council
shall have authority to subpoena witnesses, administer oaths, take
testimony, and require the production of documentary or physical evidence,
all of which shall be done on behalf of the affected person if requested,
in writing, by him/her."
(2005 Del. Laws, c. 163, 7/12/05)
(A) It shall be unlawful for the Town Council to make
or enter into any contract in excess of Five Hundred Dollars ($500.00)
for materials, supplies, services, work or labor, for the benefit
and use of The Town of Dagsboro with the Mayor or any member of the
Town Council or with any partnership in which the Mayor or any member
of the Town Council is a general partner, or with any corporation
in which the Mayor or any member of the Town Council is a director
or controlling stockholder, or with any firm or company in which the
Mayor or any member of the Town Council is pecuniarily interested,
provided that, if all the remaining 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 purchase of materials or for
the furnishing of services authorized or permitted by this Charter
shall be accomplished by competitive bidding and the awarding of contracts
to the lowest responsible bidder who submits a responsive bid; provided,
however, that competitive bidding shall not be required in any of
the following circumstances:
(1) The aggregate amount involved is not more than Ten
Thousand Dollars ($10,000.00);
(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;
(8) The purchase or contract is for property or services
for which the Town Council determines the prices received after competitive
bidding are unreasonable as to all or part of the requirements or
not independently reached in open competition;
(9) A public emergency as determined by the Town Council
exists.
(10)
The purchase or contract is for property for
which the distance involved or other factors in order to have maintenance
performed, as determined by the Town Council, is unreasonable.
(A) The Mayor shall be 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.
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For all purposes of voting required by this
Act, the Mayor shall be a member of the Town Council. He/she shall
appoint all committees, receive complaints of nuisances, and other
complaints of citizens concerning violations of law and ordinances.
He/she 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. The Mayor 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.
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(B) The Mayor 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/her
or any of his predecessors. The person against whom the Council may
be about to proceed shall receive five (5) 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 Mayor by certified mail with return receipt requested within
ten (10) days following the date that notice of removal is received
by such person.
(C) The Mayor may appoint such other committees as he/she
deems necessary for the proper administration of The Town of Dagsboro
or the Council may, by resolution, authorize the Mayor to appoint
certain committees which are deemed necessary to carry out the provisions
of this Act.
(D) It shall be the duty of the Vice-Mayor of the Town
Council, in the absence of or inability of the Mayor to act, to preside
at all meetings of the Town Council and to perform such other duties
and to have such other powers of the Mayor as are prescribed by the
Charter of The Town of Dagsboro or by any ordinance of the Town Council.
(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/she shall keep a full
and complete record of all the transactions in The Town of Dagsboro.
He/she 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 ordinances
or rule of the Town Council of The Town of Dagsboro. He/she shall
file and keep in a safe place the seal of The Town of Dagsboro and
all papers and documents arising out of the proceedings of the Town
Council of The Town of Dagsboro relative to the affairs of the Town.
He/she shall deliver the same to his successor in office. He/she shall
attest the seal of The Town of Dagsboro 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 Dagsboro
in the custody of the Secretary may, in the presence of the Mayor,
Vice-Mayor, Secretary, Assistant Secretary, or any member of the Town
Council of The Town of Dagsboro be inspected by any registered 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 Dagsboro.
(D) Compensation, if any, of the Secretary for his duties,
shall be determined by the Town Council.
The duties and powers of the Secretary as hereinbefore
prescribed shall devolve upon the Assistant Secretary in the absence
or inability of the Secretary. The Assistant Secretary shall likewise
perform such other duties and have such other powers as may be prescribed
by Resolution to the Town Council of The Town of Dagsboro and shall
receive such compensation as the Town Council by Resolution shall
determine.
The Mayor of the Town of Dagsboro, with the
concurrence of the majority of all of the elected members of the Town
Council, may appoint a Town Administrator at such duties and for such
duties, terms and for such compensation as shall be determined by
the Town Council. (2005 Del. Laws, c. 154, 7/12/05)
The Mayor of The Town of Dagsboro, with the
advice and consent of a majority of the elected members of the Town
Council, may 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 Dagsboro 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/her by the Town Council.
(A) The Board of Health may consist of four (4) members,
one of whom shall be a practicing physician. The Board shall be appointed
by the Mayor of The Town of Dagsboro 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 (1) year or
until their successors are duly appointed and qualified. The Board
of Health shall have cognizance of an 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 Dagsboro. The Board
shall organize by the election of a Chairman and Secretary within
ten (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/she shall be
a resident of The Town of Dagsboro.
(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 infections
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 (1) 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 shall be appointed
by the Mayor at the Annual Meeting for a term of one (1) year or until
his successor shall be appointed, by and with the advice and consent
of a majority of all the elected members of the Town Council and at
such compensation as shall be determined by the Town Council. All
members of the police force shall be paid such compensation as shall
be determined by the Town Council.
(B) Each member of the police force shall have police
powers and shall be conservators of the peace throughout The Town
of Dagsboro, and they shall suppress all acts of violence and enforce
all laws relating to the safety of persons and property. They shall
compel the enforcement of all laws enacted by the Town Council of
The Town of Dagsboro. 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 Dagsboro.
(C) 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, may appoint an accountant to be the auditor
of accounts of The Town of Dagsboro. 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 Dagsboro, the records of all fines, penalties,
costs imposed or collected by him/her pursuant to any judgment, order
or decree made. The auditor shall, on or before the expiration of
ninety (90) days from 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/she is hereby
authorized and empowered to employ such clerks as in his judgment
may be necessary in the proper performance of his duties.
(A) The Mayor shall appoint a Tax Assessor with the advice
and consent of a majority of all the elected members of the Town Council
for an indefinite term.
(B) The Tax Assessor shall be sworn or affirmed by the
Mayor of The Town of Dagsboro or by a Notary Public to perform his
duties with fidelity and without favor. It shall be his 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 Dagsboro. Compensation
to be by him/her received for the performance of his duties shall
be fixed by and subject to the approval of the Town Council of The
Town of Dagsboro.
(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 Tax Assessor may adopt the
assessment of Sussex County for any or all property located within
the corporate limits of The Town of Dagsboro.
The Tax Assessor shall, within ninety (90) days
prior to the beginning of the next fiscal year, make a just, true
and impartial annual valuation of all real property and improvements
located thereon within The Town of Dagsboro. All real estate shall
be described with sufficient particularity to be identified. Real
estate shall be assessed to the owner or owners if he/she or they
be known. If the owner or owners of real estate cannot be found or
ascertained, it shall 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,
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 Tax Assessor shall also make
a personal assessment of all male and female citizens of the Town
above the age of eighteen (18) years, whether an owner of real estate
or not; said personal assessment shall be determined by the Town Council
and certified to the Tax Assessor. 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 Tax Assessor, after making such annual or other
assessment, shall, at least ninety (90) days prior to the end of the
fiscal year, deliver to the Town Council of The Town of Dagsboro a
list containing the names of all persons assessed and the amount of
assessment against each. He/she shall also deliver at such time as
many copies of said list as the Town Council shall direct. (68 Del.
Laws, c. 355, 7/10/92)
(B) The annual or other 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 Tax Assessor shall make its valuation accordingly. (68 Del. Laws,
c. 355, 7/10/92)
(C) The real property of the Tax Assessor shall be assessed
by the Town Council of The Town of Dagsboro.
(D) Immediately upon receiving the annual or other assessment
list from the Tax Assessor, the Town Council of The Town of Dagsboro
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 Dagsboro and there it shall remain for a period of at least ten
(10) days for the information or an examination by all concerned.
Appended thereto and also in five (5) 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 ten (10) days
after the date of posting of the true and correct copy of the annual
assessment list and notices, 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 the 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. (68 Del. Laws, c. 355, 7/10/92)
(E) The Tax Assessor 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 Tax Assessor
by appropriate process.
(F) The said tax assessor shall, at the option of Town
Council, make a supplemental assessment list quarterly in each fiscal
year. The first such supplemental assessment list shall be certified
on July 1 of each year; the second on October 1 of each year; the
third on January 1 of each year; and the fourth on April 1 of each
year. (68 Del. Laws, c. 355, 7/10/92)
(G)
(1) In addition to the annual assessment provided for
herein, the Town Council may, at its option, direct the tax assessor
to prepare a quarterly supplemental list for the purpose of adding
property not included on the last assessment or increasing the assessed
value of property which was included on the last assessment. The supplemental
list may be used to correct errors on the prior assessment rolls and
to remove or modify any exemption from taxation applicable to the
property in the Town.
(2) Such supplemental list shall be prepared quarterly
in each fiscal year. The first such supplemental list shall be certified
on July 1 of each year; the second on October 1 of each year; the
third on January 1 of each year; and the fourth on April 1 of each
year.
(3) On the date of certification of a supplemental list,
the property owners listed thereon shall be liable to pay taxes equal
to the assessed value of the property multiplied by the tax rates
for the then current fiscal year applicable to the property, reduced
by 25% where the property is listed on the second supplemental assessment
roll; by 50% where the property is listed on the third assessment
roll; and by 75% where the property is listed on the fourth supplemental
assessment roll; and the amount of such tax shall be and remain a
lien on such property from the time of its certification.
(4) Appeals shall be made to the Board of Appeals as provided
in Section 24(D). In no case shall the supplemental assessment procedure
be employed to impose taxes retroactively. (68 Del. Laws, c. 355,
7/10/92)
(A) At the first regular meeting in the last month of
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 anticipated 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 One Hundred Dollars ($100.00) 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 eighteen (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 Section 29 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 Section 29 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, other services authorized by Town Council; and/or
(6) Appropriate transfer taxes to be charged upon the
transfer of real property, or any interest in real property, situate
within the corporate limits of the Town, provided however, that no
tax levied under this section shall exceed one percent (1%) of the
sales price (including the value of any assumed mortgage or mortgages)
or fair market value of the real property so transferred; and provided
further, that no tax shall be levied upon an organization exempted
from ad valorem real estate taxes; and/or
(7) The fees or rates to be charged in respect to any
other authorized source of revenue sufficient in their judgment and
estimation to realize the amount to be raised from each such source
determined by them to be used as aforesaid; provided, however, that
sources (4), (5), (6) and (7) aforementioned may be determined, fixed,
assessed, levied and/or altered or changed upon other than a fiscal
year basis and at any regular or special meeting of the Town Council
as the Town Council, in its proper discretion, shall determine.
(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 Dagsboro. 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
One Hundred Dollars ($100.00) of assessed valuation thereof.
(D) The Town Council shall cause to be delivered to the
Town Clerk a duplicate of said Annual Tax List and the Tax Collector
shall immediately proceed to collect the same as hereinafter provided.
(E) The total amount of money, to be raised by real property
taxes (Section 25(b)(1)), utility fixture taxes (Section 25(b)(2)),
and special taxes levied or imposed in connection with any municipal
bond (Section 32(a)) shall in no year exceed twenty-five percent (25%)
of the total assessed valuation of all taxable real estate and improvements
thereon in the Town.
(F) 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 Dagsboro
under the existing laws in reference to said Town and the same are
hereby declared to be valid, binding and vested in The Town of Dagsboro
created hereby.
(A) The Tax Collector, as soon as the Town Council shall
have placed in his hands a duplicate Annual or other Tax List, shall
proceed at once to collect the taxes on said duplicate list. (68 Del.
Laws, c. 355, 7/10/92)
(B) All taxes so laid or imposed by The Town of Dagsboro
in such Annual or other Tax List shall be and constitute a lien upon
all the real estate of the taxable for a period of ten (10) years
against or upon whom such taxes are laid or imposed, of which such
taxable was seized or possessed at any time after such taxes shall
have been levied and imposed that is situate within The Town of Dagsboro.
Such lien shall have preference and priority to all other liens on
such real estate, as aforesaid, created or suffered by the said taxable,
although such lien or liens be of a time and date prior to the time
of the attaching of such lien for taxes. (68 Del. Laws, c. 355, 7/10/92)
(C) All taxes, when and as collected by the Tax Collector,
shall be paid to The Town of Dagsboro, and all taxes shall be due
and payable at and from the time of the delivery of the Annual or
other Tax List to the Town Administrator. (68 Del. Laws, c. 355, 7/10/92)
(D) All taxes shall be payable at the Office of the Tax
Collector during the regular business hours of that Office.
(E) On all taxes unpaid after thirty (30) days following
the delivery of the duplicate Annual or other Tax List to the Tax
Collector there shall be added a penalty of Five Percent (5%) for
each month or fraction thereof such taxes shall remain unpaid and
said penalty shall be collected in the same manner as the original
amount of the tax. The Town Council shall have the power to make just
allowances for delinquencies in the collection of taxes. All taxes
unpaid on such date as specified by ordinance shall be considered
delinquent. In effecting a collection of delinquent tax, the Town
Council may impose a collection charge not to exceed eighteen percent
(18%) of the amount of the tax and any penalty imposed thereon. (68
Del. Laws, c. 355, 7/10/92)
(F) At the annual meeting of the Town Council of each
year, the Tax Collector shall account to the Town Council for all
taxes and sewer rentals collected by him/her during the year and shall
be liable on his bond for failure to account for any uncollected taxes
or sewer rentals unless he/she 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 Tax Collector, when any tax has become delinquent,
may, in the name of The Town of Dagsboro, 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 executions 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 Tax Collector so elect, he/she
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 at the direction
of the Town Council:
(1) The Tax Collector shall present in the name of The
Town of Dagsboro to the Superior Court of the State of Delaware in
and for Sussex County, a petition in which shall be stated:
(b)
The year for which the tax was levied;
(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 impracticable to attempt
to collect the said tax by any other remedy hereinbefore provided.
The petition shall be signed by the Secretary of Town Council and
shall be verified before a Notary Public.
(2) At least ten (10) days prior to the filing of any
such petition as described herein, the Secretary of Town Council 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/she shall
proceed to sell the lands and tenements of the taxpayer for the payment
of the tax. The Secretary of Town Council 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 Secretary of Town Council 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 the said record
of said petition the following: This petition, filed the _____ day
of _____, A.D. _____, and the Secretary of the Town Council of The
Town of Dagsboro, 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 sale of lands and tenements of a delinquent taxpayer
shall be advertised in five (5) public places in The Town of Dagsboro,
one of said public places shall be the Town Office and by printing
the notice of said sale at least one (1) 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 ten (10) days before
the day fixed for the sale and the newspaper advertisement shall be
published at least one (1) 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 Tax Collector 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
(1) 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 twenty percent (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 the 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 Sussex County, 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 the payment of delinquent
taxes, the following costs shall be allowed to be deducted from the
proceeds of the sale or chargeable against the owner, as the case
may be:
(a)
To the Prothonotary for filing and recording
the petition;
(b)
For filing and recording the return of sale;
(c)
To the Tax Collector for preparing the Certificate;
for making the sale of lands; for preparing and filing a return; for
posting sale bills. In addition, the costs of printing handbills,
the publication of the advertisement of sale in a newspaper, and the
auctioneer's fee shall be chargeable as costs. The costs of the deed
shall not be chargeable as costs, but shall be paid by the purchaser
of the property of the delinquent taxpayer. The total of any Delaware
transfer tax shall be paid by the purchaser of said lands at the tax
sale;
(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
land and tenements in the same assessment in The Town of Dagsboro,
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 Tax Collector of The Town of Dagsboro 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/her 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 Tax Collector
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 Tax Collector 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.
(a)
In addition to all other remedies, methods and
authorities for the collection of taxes, the Tax Collector may use
the monition method for the collection of such taxes and authority
is hereby established for him/her to do so.
(I) The Tax Collector may file a praecipe in the Office
of the Prothonotary, in and for Sussex County.
(1) The praecipe so filed shall contain the following
information:
(2) The name of the taxpayer or taxpayers against whom
the taxes sought to be collected were assessed;
(a)
The amount of taxes due and the year or years
for which such taxes are due and payable;
(b)
The description of the property sufficient to
identify it;
(c)
The date from which the penalty and interest
accrues and the percentage of such penalty and interest and the amount
due as of the date of the filing of the praecipe;
(d)
Any collection charge shown as a percentage
of the tax and penalty and the amount due as of the date of the filing
of the praecipe.
(3) Following the filing of the praecipe, the Prothonotary
shall make a record of the same on a special judgment docket of the
Superior Court against the taxpayer or taxpayers named in such praecipe
which record shall consist of the following information:
(a)
The name of the taxpayer or taxpayers in whose
name the assessment was made;
(b)
The description of the property sufficient to
identify it;
(c)
The year or years for which such taxes are due
and payable;
(d)
The date of the filing of the praecipe;
(e)
The amount of the judgment being the total amount
of taxes due, the total amount of all interest and penalties, and
the amount of any collection charges;
(f)
The judgment shall be indexed in the judgment
docket in the name of The Town of Dagsboro and in the name of the
taxpayer or taxpayers, as the case may be;
(g)
Thereupon, a monition shall be issued by the
Prothonotary to the Sheriff of Sussex County, which monition shall
state the amount of the judgment for the taxes, penalty, interest
and collection charges, together with a description of the property
sufficient to identify it;
(h)
The monition shall be in substantially the following
form: To all persons having or claiming to have any title, interest
or lien upon the within described premises, take warning that unless
the judgment for the taxes or assessment stated herein is paid within
twenty (20) days after the date hereof or within such period of twenty
(20) days, evidence of the payment of the taxes, penalties, interest
and collection charges herein claimed shall be filed in the Office
of the Prothonotary, in and for Sussex County, which evidence shall
be in the form of a receipted tax bill or duplicate thereof, bearing
date prior to the filing of the lien in the Office of the Prothonotary,
in and for Sussex County, the Tax Collector of The Town of Dagsboro
may proceed to sell the property herein mentioned for the purpose
of collecting the judgment for taxes, assessments, penalties, interest,
collection charges herein stated.
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Name of Taxpayer
Taxpayers
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Description of Property
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Year or Years
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Amount of Judgment
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(i)
The monition or a copy thereof shall be posted
by the Sheriff of Sussex County upon some prominent place or part
of the property against which the judgment for the taxes or assessments
are a lien and the Sheriff of Sussex County shall make a due and proper
return of his proceedings under the monition to the Prothonotary,
in and for Sussex County within ten (10) days after the posting of
the monition. Alias or pluries monition may issue upon like praecipe.
The posting of the notice by the Sheriff of Sussex County as herein
required shall constitute notice to the taxpayer or taxpayers and
to all other persons having any interest in the property.
(j)
At any time after the expiration of twenty (20)
days next following the return of the Sheriff of Sussex County upon
the monition, unless before the expiration of twenty (20) days, the
judgment and all costs on the judgment have been paid or evidence
of the payment of such taxes, penalties and collection charges evidenced
by a receipted bill or a duplicate thereof bearing date thereof prior
to the filing of the lien for record in the Office of the Prothonotary,
in and for Sussex County, directed to the Sheriff of Sussex County
to sell the property mentioned or described in the writ and make due
return of his proceedings thereunder in the same manner as is applicable
to similar writs of venditioni exponas issued out of the Superior
Court of the State of Delaware, in and for Sussex County. The property
shall be described in the writ under the description thereof as it
appears on the assessment records and by metes and bounds where obtainable,
but nothing herein contained shall be construed to invalidate a writ
or a sale pursuant thereto containing only the description as it appears
on the assessment rolls or a writ bearing only a description by metes
and bounds.
(k)
The writ shall be in substantially the following
form:
SUSSEX COUNTY, SS
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THE STATE OF DELAWARE TO THE SHERIFF OF SUSSEX
COUNTY, GREETINGS:
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WHEREAS, by a Monition issued out of the Superior
Court dated at Georgetown, the ____ day of _____, A.D. _____, IT WAS
COMMANDED that you should post the said Monition or copy thereof upon
the real estate therein mentioned and described, and make a return
to said Superior Court within ten (10) days after said posting. That
on the_____ day of _____, A.D._____, you returned that a copy of said
Monition was posted on the real estate therein mentioned and described
on the _____ day of _____,A.D.
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We therefore now command you to expose to public
sale the real estate mentioned and described in said Monition as follows:
_____ and that you should cause to be made as well a certain debt
of Dollars, lawful money of the United States, which to the Tax Collector
of The Town of Dagsboro is due and owing as also the sum of _______
Dollars, lawful money, as aforesaid, for his costs which he/she has
sustained by the detaining of that debt, whereof the said _____ was
convicted as it appears of record and against which said property
it is a lien.
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And have you the money before the Judges of
the Superior Court of the State of Delaware, in and for Sussex County,
at Georgetown on Monday, the _____ day of _____, to render to the
Tax Collector of The Town of Dagsboro, as aforesaid, for the debt
and costs, as aforesaid, and this writ.
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WITNESSETH, The Honorable _____ at Georgetown,
the _____ day of ____, A.D. 19__. ______________________, Prothonotary
Issued:
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(l)
The description contained in such Monition shall
be a sufficient description of the real estate to be sold under such
writ.
(4) Any real estate or interest therein sold under these
provisions authorizing the use of the monition method shall vest in
the purchaser all the right, title and interest of the taxpayer in
whose name the property was assessed and/or all right, title and interest
of all taxpayers who are the owners thereof, and likewise fired and
discharged from any liens and encumbrances, dower or curtesy or statutory
right, in the nature of a dower or curtesy, whether absolute or inchoate.
(5) If the owner of the property or his legal representatives
fail to redeem the property as provided for in this Section, the purchaser
of the property or his legal representatives, successors or assigns,
may present a petition to the Superior Court of the State of Delaware,
in and for Sussex County, setting forth the appropriate facts in conformity
with these provisions authorizing the monition method and pray that
the Superior Court of the State of Delaware, in and for Sussex County,
make an Order directing the Sheriff, then in office, to execute, acknowledge
and deliver a deed conveying the title to the property to the petitioner;
and thereupon the Superior Court of the State of Delaware, in and
for Sussex County, shall have the power, after a hearing upon the
petition, to issue an Order directing the Sheriff to execute, acknowledge
and deliver a deed as prayed for in the petition. A description of
the property as the same shall appear upon the assessment rolls and
a description by metes and bounds, where obtainable, shall be a sufficient
description in any such deed.
(6) The owner of any such real estate sold under the monition
method or his legal representatives, may redeem the same at any time
within sixty (60) days from the date the sale thereof is approved
by the Court, by paying to the purchaser or his legal representatives,
successors or assigns, the amount of the purchase price and fifteen
percent (15%) in addition thereto, together with all costs incurred
in the cause; or if the purchaser or his legal representative, successors
or assigns, refuse to receive the same, or do not reside or cannot
be found within Sussex County, by paying the amount into the Court
for the use of the purchase, his legal representatives or assigns.
(7) If the owner of any real estate sold under an order
of sale or his legal representatives redeems the real estate, he/she
may present to the Superior Court of the State of Delaware, in and
for Sussex County, a petition setting forth the facts and thereupon
the Superior Court of the State of Delaware, in and for Sussex County,
after hearing and determining the facts set forth in the petition,
shall have the power to cause to be entered upon the record of the
judgment, under which the real estate was sold, a memorandum that
the real estate described in the proceedings upon which the judgment
was entered has been redeemed. Thereafter, the owner shall hold such
redeemed real estate subject to the same liens and in the same order
of priority as they existed at the time of the sale thereof, excepting
so far as the liens have been discharged or reduced by the application
of the proceeds by the Sheriff from the sale.
(8) Upon the return of the proceedings under a writ of
venditioni exponas, the Superior Court of the State of Delaware, in
and for Sussex County, may inquire into the regularity of the proceedings
thereunder, and either approve the sale or set it aside.
(9) No proceeding shall be brought by the Tax Collector
of The Town of Dagsboro under the monition method unless the tax or
assessments sought to be collected hereunder shall at the time of
the praecipe in the Office of the Prothonotary, in and for Sussex
County, be and constitute a lien upon the property against which the
tax or assessment was assessed or laid.
(10)
Whenever the Superior Court of the State of
Delaware, in and for Sussex County, is mentioned in this Section authorizing
the monition method, the same shall be held to embrace the Judges
or any Judge thereof, and any act required or authorized to be done
may be done by the Superior Court of the State of Delaware, in and
for Sussex County, or any Judge of the Superior Court of the State
of Delaware in vacation thereof, as well as in term time.
(11)
Fees and costs to be taxed in all proceedings
pursuant to the use of the monition method, where not otherwise provided
for, shall be provided by the Office of the Prothonotary and the Office
of the Sheriff of Sussex County:
(a)
The following fees shall be charged by the Prothonotary:
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Filing praecipe
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Issuing monition and copy
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Issuing alias or pluries, monition and copy
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Writ of venditioni exponas
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Filing any petition in the Superior Court
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Costs of paying money in the Superior Court
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Costs of paying money out of Superior Court
for each check drawn
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(b)
The following fees shall be charged by the Sheriff:
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Posting monition or copy thereof
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Posting each alias or pluries, monition or copy
thereof
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(c)
The following fees shall be charged by the Tax
Collector of The Town of Dagsboro:
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For preparing description by metes and bounds
of liened property
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(12)
All of the charges not covered by these provisions
shall be the same as are provided by law.
(A) The fiscal year for The Town of Dagsboro shall be
as determined by Resolution of the Town Council.
(B) Annually each year and not later than sixty (60) days
prior to the beginning of the next fiscal year, the Treasurer of The
Town of Dagsboro 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, adopt the budget.
(C) The budget shall contain the following information:
(1) An estimate showing the expenses for conducting the
affairs 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 footage assessments,
license fees and all other anticipated income of the Town from any
source or sources whatsoever.
(D) The Town Council shall, so far as possible, adhere
to the budget so adopted in the making of appropriations.
Not by way of limitation upon the power vested
in the Town Council of The Town of Dagsboro 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 the 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:
(A) To prevent vice, drunkenness and immorality.
(B) To provide for and preserve the health, peace, safety,
cleanliness, ornament, good order and public welfare of the Town and
its inhabitants.
(C) To prohibit all gaming and fraudulent devices.
(D) To prohibit, restrain, license or regulate all public
sports, exhibitions, shows, parades, productions, circuses or other
public performances, amusements and games.
(E) 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,
page, gravel, shell, improve, dredge, erect, remove, repair or replace
any new or present street, highway, lane, alley watercourse, park,
lake, crosswalk, 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 agreement for the doing thereof, including
contracts or agreements with the State of Delaware for the permanent
maintenance, repair and upkeep of the street, lane, alley, roadway
or other public thoroughfare within the Town.
(F) To regulate or control the observance of the Sabbath
Day.
(G) 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.
(H) To locate, regulate, license, restrain or require
the removal of slaughter houses, 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.
(I) To enforce the removal of ice, snow or dirt or other
foreign substance from sidewalks and gutters by owners or abutting
owners.
(J) 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, sidewalk, crosswalk,
sewer, drain, aqueduct or pipeline of the Town.
(K) To define, prevent, abate or remove nuisances, obstructions
or any other condition detrimental to the public safety, health or
welfare.
(L) 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 Dagsboro
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.
(M) 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, the 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.
(N) 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, lakes, 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 purposes the
current or gas furnished by the Town may be used, the manner of it
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.
(O) 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 and rivulet within the Town, to regulate,
maintain, clean and keep the same open, cleaned 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.
(P) To provide, construct, extend, maintain, manage and
control embankments, or fills for the preservation of any high land
within the limits of the Town and contiguous thereto to the end that
the same may be preserved, properly protected and that the general
public might enjoy the use thereof.
(Q) 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 consideration of the Town Council shall deem in the best interest
of the municipality, to use the present and future streets, highway,
lanes, alleys, watercourses, parks, lakes, sidewalks, crosswalks,
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 vending any article of 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.
(R) To regulate and control the exercise of any license
or franchise mentioned in Section 29 of this Charter, or intended
so to be.
(S) To direct, regulate and control the planning, rearing,
treatment and preserving of ornamental shade trees in the streets,
avenues, highway, parks and grounds of the Town and to authorize or
prohibit the removal or destruction of said trees.
(T) To direct the digging down, draining, fill 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.
(U) To provide for or regulate the numbering of houses
and lots on the streets and the naming of streets and avenues.
(V) To regulate, control or prevent the use or storage
of gun powder, 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.
(W) 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.
(X) To acquire, build, erect and maintain a suitable place
as a lock-up or jail for the Town which shall be used as a place of
detention for persons convicted of violations of law or ordinance,
or for detention of persons accused of violations 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.
(Y) To acquire, build, erect and maintain buildings and
facilities necessary or required for housing and equipping the offices
of the Town.
(Z) 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.
(AA) To provide for the punishment of a violation
of any ordinance of the Town by fine or imprisonment, or both, not
exceeding Five Hundred Dollars ($500.00) or sixty (60) days or both.
(BB) To provide for the organization of a fire department,
ambulance, rescue or paramedic services, 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 three percent (3%)
of the total taxes levied on real estate unto any volunteer fire company
or companies, ambulance, rescue, or paramedic services incorporated
under the laws of the State of Delaware, or any volunteer fire association
or, associations, or ambulance, rescue or paramedic services maintaining
and operating fire fighting, ambulance, rescue, or paramedic 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.
(CC) To purchase, take and hold real and personal
property when sold for any delinquent tax, assessment, water rent,
electric bill, gas bill, license 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.
(DD) To raise revenue by levying and collecting taxes
for any and all municipal purposes upon all real estate and improvements
located thereon, taxes on business activities, special assessments,
licensing fees and other charges for services.
(EE) To levy and collect a personal or per capita
tax upon all persons resident within the corporate limits of The Town
of Dagsboro to be used for any and all municipal purposes.
(FF) 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 therein
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 or 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 Section 26 of this Charter,
the Town Council shall have the authority to cause the same to be
removed.
(GG) 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/she resides.
(HH) 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.
(II) 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.
(JJ) 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.
(KK) To acquire, and/or to vacate the use of lands, tenements, personal 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 Dagsboro 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.
(LL) To appropriate money to pay the debts liabilities
and expenditures of the Town, or any part or item thereof, from any
fund applicable thereat, and to transfer temporarily money from one
fund to another fund of the Town in case of emergency.
(MM) 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 of the
Town by any person owing the same.
(NN) To inquire into and investigate the conduct
of any officer, agent or officer 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.
(OO) 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, provided,
however, that any annual appropriation which is made by the Town Council
under any such Pension Plan or any Health and Welfare Plan, or both,
shall not exceed a maximum of fifteen percent (15%) of the total annual
payroll of the Town; 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.
(PP) To anticipate revenue by borrowing upon the
faith and credit of the "Town of Dagsboro the sum or sums of not exceeding
ten percent (10%) of the assessed valuation of all real estate in
the town in any one (1) fiscal year when, in the opinion of the majority
of said Town Council, the needs of the Town of Dagsboro demand it.
The Town Council may secure said sum or sums of money so borrowed
by promissory notes or the town and attested by the Secretary, either
with or without the corporate seal of the town of Dagsboro affixed
as is requested by the bank or person advancing the money on said
notes, and no officer or Council Person shall be personally liable
for the payment of such notes because they are signed by them as officers
of the town of Dagsboro and are authorized by resolution of the Town
Council; provided, however, that any sum of money borrowed on the
faith and credit of The Town of Dagsboro as aforesaid, in any fiscal
year shall be paid out of the general funds of the town, at the minimum
rate of ten per centum (10%) per fiscal year and shall be completely
paid at the end of ten (10) fiscal years following the first fiscal
year which said money was borrowed with interest thereon; and provided
that such ad valorem taxes shall be levied as are 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. (73 Del. Laws, c. 56, 6/18/01; 74 Del. <para><line></line></para<Laws,
c. 284, 6/29/04; 2004 Del. Laws, c. 284, 6/29/04)
(QQ) To have and use a corporate seal which may be
altered, changed, or renewed at any time.
(RR) To hold and acquire by gift, negotiation and
purchase, devise, lease, or condemnation property both real (improved
or unimproved) and personal, or mixed, within or without the boundaries
of the Town, in fee simple or lesser estate or interest, necessary
or desirable for any municipal or public purpose, including but not
limited to providing sites for constructing, improving, extending,
altering or demolishing:
(3) streets, squares, lanes, alleys;
(4) sewer systems, including but not limited to sewage
lines, conduits, sewage disposal or treatment plants, and all appurtenances
thereto;
(5) water systems, including but not limited to, water
plants, wells, lines, conduits and all appurtenances thereto;
(6) recreational facilities, including but not limited
to public bathing beaches, gymnasiums, athletic fields, bicycle paths,
tennis, basketball, or paddle ball courts and all appurtenances thereto;
(7) adequate municipal services for persons and other
legal entities residing either within or beyond the corporate limits
of the Town, to their mutual benefit and advantage, upon such terms,
charges, and conditions as the Town Council may determine and approve;
(8) slum clearance and redevelopment, urban renewal, revitalization
or rehabilitation of blighted areas or removal of dangerous buildings;
(9) protection services for the citizens of the Town to
include, but not limited to, police, fire, rescue and paramedic support.
(SS) To sell, grant, alienate, lease mortgage, manage,
hold and control such property as the interests of the Town may require
except as prohibited by the Constitution of Laws of the State of Delaware
or as restricted by this Charter;
(TT) To pay for the acquisition, construction, improvement,
repair, extension, alteration or demolition of any Town property (real,
personal or mixed) from the general fund of the Town, from the proceeds
of any bond issue which may be authorized and sold for any of the
purposes for which lands and premises are authorized by this Charter
to be acquired, and/or from the proceeds of any grant or loan made
to the Town by any governmental entity of the United States or the
State of Delaware where the proceeds of the grant or loan are for
the purposes for which lands and premises are authorized by this Charter
to be acquired;
(UU) To provide, construct, extend, maintain, manage
and control groins, bulkheads, embankments, rip rap, piers or fills
for the preservation of any waterway, beach, strand or high land within
the corporate limits of the Town and contiguous thereto to the end
that the same may be preserved and properly protected that the general
public might enjoy the use thereof;
(VV) To prohibit, restrain, license or regulate all
public sports, exhibitions, shows, parades, productions, circuses
or other public performances, amusements and games;
(WW) To regulate and control construction activities
by private individuals or companies at such times and seasons of the
year and at such hour of the day as the Town Council may determine
necessary and appropriate for the public health, welfare and convenience.
(XX) 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
companies providing services within the town. (74 Del.Laws, c. 363,
7/19/04)
(YY) To make, adopt and establish all such ordinances,
regulations, rules and by-laws not contrary to the laws of the 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 (1) mile from said limits.
(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 (5) 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 Dagsboro shall appoint a committee composed of not less than
three (3) 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 (3) 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 ninety (90) days following its appointment,
the committee shall submit a report concerning its findings to the
Mayor and 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 Dagsboro, the Town 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 Dagsboro,
the Resolution proposing the change in the street structure to the
property owners and citizens of The Town of Dagsboro shall be passed
by a majority of three-fourths (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 Dagsboro, or, in the discretion of the
Town Council, the Resolution shall be posted in five (5) public places
in the Town for at least one (1) week before the time set for the
public hearing. The notice shall be published at least one (1) week
prior to the date set for the 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, the 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 ten (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/she 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 such appeal, such owner shall, within fifteen
(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 the said Judge shall issue and appoint
a commission directed to five (5) freeholders of said county, three
(3) of whom shall be residents of The Town of Dagsboro, and two (2)
of whom shall be non-residents of said Town, requiring them to assess
the damages which the owner of real estate through or over which the
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 the said Town Council of their
intention to appeal may incur by reason thereof and to make a return
of their proceeding to the 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 the said Judge who shall deliver
and return to the Town Council their return which shall be final and
conclusive. The 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 thirty (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 thirty (30) days, then the
same shall be deposited to his or her credit in any bank or trust
company with offices, in Sussex County, Delaware, within said time
and thereupon the 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 Treasurer of The Town of Dagsboro belonging to
the Town, but if said damages shall not be increased, the cost of
the appeal shall be paid by the party appealing. The 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 Five Dollars ($5.00).
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 the 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.
(6) Whenever any street or part thereof vacated or abandoned
under this Section be owned by the Town, the Town Council may, in
its discretion, sell such land at public or private sale and for such
consideration as the Town Council shall deem proper. The Town Council
shall have the right and power to convey to the purchaser or purchasers
thereof, a good and sufficient title thereto for whatever estate the
Town may have therein.
(7) The Town Council shall have full power and authority
(1) to regrade, redress and otherwise repair and rebuild all existing
streets in the Town; and (2) to reconstruct, rebuild, repave and in
any manner improve all existing streets now open or to be hereafter
opened for public use in the Town.
(8) The Town Council, in exercising the authority granted
by this Section, may use such materials and substances and such methods
of construction and may employ such contractors, engineers, inspectors
and other persons as the Town Council may deem necessary. To this
end, the Town Council shall have full power and authority to enter
into contracts or agreements with the State Highway Department of
the State of Delaware for the permanent maintenance and repair of
any street within the corporate limits of the Town.
(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 any owner or owners neglect to comply with said notice for the
space of thirty (30) days, the said Town Council may proceed to have
the same done and when done, the Tax Collector 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 Dagsboro, such
bills shall be sent by certified mail with postage prepaid or to such
owner or owners directed to him/her, her or them at the last known
address. If such bill be not paid by the owner or owners of such lands
within sixty (60) days after the presentation thereof, as aforesaid,
the Tax Collector 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 that no owners shall reside in said Town,
notice served as set forth herein or posted upon the premises shall
be sufficient.
(C) The provisions contained herein shall apply to any
order made by the Town Council in respect to any pavement, sidewalk
or curb heretofore made or done which the said Town Council may deem
insufficient or need repairing.
(A) In order to provide for the orderly growth and development
of the Town; to promote the health, safety, prosperity and general
welfare of the present and future inhabitants and property owners
in the Town; to insure the conservation of property values and natural
resources, including the protection and beauty of the Town's open
lands, water resources, beaches and recreational potential; and to
afford adequate provisions for public utilities, water supply, drainage,
sanitation, vehicular access, educational and recreational facilities,
parkland and open space, among other and related activities, the Town
Council shall regulate the subdivision of all land in the Town. Such
regulation may, through ordinance, include:
(1) procedures for insuring the processing of combining,
partitioning, or land subdivision plans within a reasonable period
of time, relative to the number of lots or parcels and the extent
of improvement required;
(2) procedures for insuring that the arrangement of the
lots or parcels of land or improvements thereon shall conform to the
existing zoning at the time of recordation and that streets or rights-of-way
bordering or within subdivided land shall be of such widths and grades
and in such locations as may be deemed necessary to accommodate prospective
traffic; that adequate easements of rights-of-way shall be provided
for drainage and utilities; that reservations of areas designed for
their use as public grounds shall be of suitable monuments and signage
shall be required; that land which might constitute a menace to safety,
health or general welfare shall be made safe for the purpose for which
it is subdivided; and that adequate provision for water supply is
made;
(3) procedures for encouraging and promoting flexibility
and ingenuity in the layout and design of subdivisions and land development,
and for encouraging practices which are in accordance with contemporary
and evolving principles of site planning and development;
(4) requiring those persons subject to such regulation
to provide, at their own expense, including verification, such municipal
or public improvements which are specifically and uniquely attributable
to the proposed land subdivision, combining, or partitioning, including
by way of example and not in limitation, the paving of streets, installation
of curbs, storm sewers, water lines, street signs, access roads, playgrounds,
parks and open areas. In imposing such requirements, the Town Council
may consider and take into account future as well as immediate needs,
and potential as well as present population factors affecting the
neighborhood in question;
(5) procedures for insuring that any improvements to be
constructed on such lands are in compliance with all appropriate Town
ordinances and that the placement and location of such improvements
will not have a significant negative impact on adjoining properties;
(6) procedures for securing financial guarantees from
the developers of such lands to insure satisfactory completion of
all such required improvements, which may include extending the term
of such guarantee for a reasonable period of time (not exceeding three
(3) years) beyond the actual completion of such improvements by the
developer or acceptance of such improvements by the Town Council.
(B) In the event an ordinance of the Town so provides,
no plat, plot or plan of land shall be received for filling or recording
by the Recorder of Deeds in and for Sussex County unless and until
such plat, plot or plan shall have been approved by the Town body
so authorized to grant such approvals and the fact of such approvals
shall have been endorsed in writing on such plan documents.
(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 footage assessments, charges growing out
of the abatement of nuisances, laying out and repairing paving, graveling,
curbing, or any of them, any amount due the Town from a contract,
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 ten (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.
(B) The remedies available to the Tax Collector for the
collection of such charges shall be the same as those set forth in
this Charter for the collection of delinquent taxes.
(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 Dagsboro 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; to defray
the cost or the share of the Town of the costs of any permanent municipal
improvements; or for any proper municipal purpose including but not
limited to refunding 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 and paying all expenses deemed
necessary by the Town Council for the issuance of said bonds or other
evidence of indebtedness, including bond discount and legal expenses
of bond counsel; 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 certain sum of money for any of the purposes above stated.
The Resolution shall state the amount of money desired to be borrowed,
which may be stated as a "not to exceed" amount, 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 and place for a hearing
on the said Resolution.
(2) Notice of the time and place of the hearing on the
Resolution authorizing said loan shall be printed in a newspaper having
a general circulation in the Town or distributed in circular from
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 thirty (30) days nor more than sixty (60)
days after the said public hearing to borrow the same money, the 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 the said
Special Election shall be printed in two (2) issues of a newspaper
having a general circulation in The Town of Dagsboro within thirty
(30) days prior to the said Special Election or distributed in circular
form at least fifteen (15) days prior to the Special Election, or
both, at the discretion of the Town Council.
(5) At the said Special Election, any person who is entitled
to vote in the annual town election if it were held on that day, shall
be entitled to one vote. For purposes of this section, 'entitled to
vote' shall include 'registered to vote' and a person may register
at the Town office during regular business hours on any day or at
other times the Town Council may establish. Absentee balloting shall
not be applicable to the Special Election Scheduled for April 27,
2002, because of the insufficient time between enactment of this amendment
and that scheduled Special Election. (73 Del. Laws, c. 242, 4/10/02)
(6) The Town Council shall cause to be prepared, printed
and have available for distribution a sufficient number of ballots
not less than five (5) days prior to the 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 Dagsboro, by and with the advice and consent of the majority
of the Town Council shall appoint three (3) persons to act as a Board
of Special Election. The polling places shall be opened from twelve
o'clock noon, prevailing time, until five o'clock in the evening,
prevailing time, on the date set for the Special Election.
(7) The Board of Special Election 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) 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 the
said Special Election.
(9) The bonds may be sold at either public or private
sale. If it is determined to sell the bonds at public sale, they shall
be offered for sale to the best and most responsible bidder therefor
after advertisement in a manner to be described 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 the said bonds at the maturity thereof.
(11)
The faith and credit of The Town of Dagsboro
shall be deemed to be pledged for the due payment of interest thereon
issued pursuant to the provisions hereof when the same had been properly
executed and delivered for value.
(B) The bonded indebtedness shall not at any time exceed
in the aggregate the total sum of twenty-five percent (25%) of the
assessed value of real property situate within the limits of The Town
of Dagsboro shown by the last assessment preceding the creation of
the said indebtedness, unless authorized in a greater amount by the
General Assembly of the State of Delaware.
No action, suit or proceeding shall be brought
or maintained against The Town of Dagsboro 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 conduct, of the said Town of Dagsboro, 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
ninety (90) days from the happening of said injury or the suffering
of such damages shall notify The Town of Dagsboro 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 Dagsboro by certified mail with return receipt requested and
postage prepaid.
The Town Council may, by condemnation proceedings, take private property or may exercise the right to use private property within the corporate limits of the Town for any of the purposed authorized by this Charter. The proceedings for such condemnation shall be as prescribed in 10 Del. C. Chapter
61 or any future corresponding provision of law. The right of condemnation shall not extend to property owned by the United States, the State of Delaware or any agency thereof.
No. claim or cause of action shall arise, and
no judgment, damages, penalties, costs or other money entitlement
shall be awarded or assessed against the Town of Dagsboro, or any
board, commission or agency of the Town, or any Town public officer,
employee or member of such Town instrumentalities, whether elected
or appointed, and whether now or previously serving as such, in any
civil suit, or before any administrative tribunal on any and all tort
claims seeking recovery of damages, unless made pursuant to Subchapter
II, entitled "County and Municipal Tort Claims," consisting of Sections
4010-4013, Title 10 of the Delaware Code or its successor.
The Town shall indemnify, from the general funds
of the Town's treasury, to the extent not otherwise covered by appropriate
insurance, any person who is a party to, or is threatened to be made
a party to, any threatened, pending or completed action, suit or proceedings,
whether civil, criminal, administrative or investigative (other than
an action by or in the right of the Town of Dagsboro itself) by reason
of the fact that he/she is or was a member of the Town Council, Mayor
or other duly elected or appointed Town official or employee of the
Town of Dagsboro, or arising out of actions taken by each or any of
them in connection with the performance of their official duties,
against expenses (including attorney's fees), judgments, fines and
amounts paid in settlement, actually and reasonably incurred by him/her
in connection with such action, suit or proceeding if he/she acted
in good faith and in a manner he/she reasonably believed to be in
or not opposed to the best interest of the Town, and, with respect
to any criminal action or proceeding, had no reasonable cause to believe
his conduct was unlawful. The termination of any action, suit or proceeding
by judgment, order, settlement, conviction or upon a plea of nolo
contendere or its equivalent shall not, of itself, create a presumption
that the person did not act in good faith and in a manner which he/she
reasonably believed to be in or not opposed to the best interest of
the Town of Dagsboro and with respect to any criminal action or proceeding
had reasonable cause to believe that his or her conduct was unlawful;
provided, however, that in the event of a monetary settlement, the
Town Council shall first approve the amount of terms of the settlement
before the right to indemnification shall vest.
Indemnification as provided in this section
shall be made by the Town only as authorized in the specific case
upon a determination that indemnification of the member of the Town
Council, Mayor, Town Officer and/or employee is proper in the circumstances
because he/she met the applicable standards of the conduct set forth
above. Such determination shall be made:
(A) by a majority vote of a quorum of the Town Council
consisting of Council members who are not parties to such action,
suit or proceeding, or
(B) if such quorum is not obtained, by independent legal
counsel in a written opinion,
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 Dagsboro. 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, current rules and regulations, or upon
the enactment of amendments to the same, the Town Council shall enroll
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
Dagsboro 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 Dagsboro 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 Dagsboro and/or the Town
Council of The Town of Dagsboro precisely as if each of said powers
was expressly set forth in this Charter.
(B) All ordinances adopted by the Town Council of Dagsboro
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 Dagsboro under the provisions of this Charter.
(C) All of the acts and doings of the Town Council of
Dagsboro or of any official of the Town Council of Dagsboro which
shall have been lawfully done or performed under the provisions of
any law of this State or of any ordinance of the Town Council of Dagsboro
or under any provision of any prior Charter of The Town of Dagsboro,
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 Mayor and Council of The Town of Dagsboro
shall be due The Town of Dagsboro and all debts due from The Mayor
and Council of The Town of Dagsboro shall remain unimpaired until
paid by The Town of Dagsboro.
(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 Town Council of
The Town of Dagsboro.
(F) The bonds given by or on account of any official of
The Town of Dagsboro 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.
Approved July 9, 1991.
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(73 Del. Laws, c. 242; 73 Del. Laws, c. 56.)
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(68 Del. Laws, c. 138, 7/9/91,
as amended by 68 Del. Laws, c. 295, 68 Del. Laws, c. 355, 69 Del. Laws, c. 15, 73 Del. Laws, c. 56, 73 Del. Laws, c. 242; 74 Del. Laws, c. 284, and 74 Del. Laws, c. 363)
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