[HISTORY: Adopted 27 Del. Laws, c. 216; amended in its entirety
78 Del. Laws, c. 267]
The limits and boundaries of the City of New Castle shall be
as previously fixed and established or hereafter altered according
to law and shall be marked and defined according to maps and plots
now of record or hereafter recorded in the Office of the Recorder
of Deeds in and for New Castle County pursuant to lawful annexation
proceedings. Such maps and plots, when so made and approved by the
City Council of the City of New Castle, and signed by the President
of Council and City Clerk, and sealed with the City seal and when
recorded in the Office of the Recorder of Deeds, in and for New Castle
County, Delaware shall be deemed to be the true and correct maps and
plots of the City and of all the streets, boundaries, lanes and alleys
thereof, and the same, or the record thereof, or a duly certified
copy of said record, shall be evidenced in all courts of law and equity
in the State of Delaware.
The City of New Castle, and the inhabitants thereof, shall be
and continue as a municipal corporation by the style and name of "The
City of New Castle", and by that style and name it shall have perpetual
succession and is hereby made able and capable in law to have, take,
purchase, receive, possess, enjoy and retain to it and its successors,
lands, tenements, hereditaments, goods, chattels and effects of whatever
kind, nature and quality, and the same to sell, grant, pledge, hypothecate,
demise, alien or dispose of, to sue, be sued, plead, and be impleaded,
defend, and to be defended in all courts of law and equity, or any
other place whatsoever, and also to have, make and use a common seal,
and the same to break, later or renew at its pleasure, and generally
shall have all the privileges and franchises incident to a corporation
or body politic.
Consistent with Chapter 1, Title 22 of the Delaware Code, the City Council shall have the power to annex any contiguous territory, and to extend and apply thereto all laws, ordinances, resolutions, rules and regulations in force within the State of Delaware and the City, so far as the same may be legally applicable.
[Amended 81 Del. Laws, c. 414]
The officers of the municipal corporation consist of a Mayor,
a Council to be composed of four Members, and a President of Council
who shall be ex-officio a member and presiding officer of the Council.
No person is eligible to any of the above offices who is not a citizen
of the State and a resident of the City. The Mayor and the President
and Members of Council must have resided in the City for at least
2 years before their election and at the time of their election be
qualified voters of the City.
The City Council shall appoint an officer of the City who has
the title of City Clerk. The City Clerk's duties are as determined
from time to time by City Council. The City Clerk may be removed from
office upon the affirmative vote of 4 members of City Council.
The City Council shall appoint an officer of the City who has
the title of City Treasurer. The City Treasurer's duties are
as determined from time to time by City Council. The City Treasurer
may be removed from office upon the affirmative vote of 4 members
of City Council.
The Council may, from time to time, by resolution appoint a
City Solicitor who must be a licensed member in good standing of the
Bar of the Supreme Court of the State of Delaware with a minimum of
5 years experience before the Delaware Bar. The Council may also,
from time to time, by resolution appoint a City Engineer who must
be duly licensed by The State of Delaware as a professional engineer
in good standing with a minimum of 5 years experience as a licensed
professional engineer in the State of Delaware. The Council, by ordinance
or resolution, may establish such other offices and their respective
duties, and may appoint and remove such other officers as Council
may deem necessary.
Each Council member shall propose necessary and appropriate
legislation and resolutions for Council's consideration; serve
on committees designated by Council; attend public hearings on proposed
legislation; be available and responsive to constituents, and perform
all other duties as provided in the Charter and by Delaware law.
The Council shall determine the annual salary of the Mayor,
the President of Council, and Council members by ordinance, but no
ordinance increasing such salary may become effective until the date
of commencement of the terms of the Mayor, the President of Council,
and the Council members elected at the next regular election, provided
that such election follows the adoption of such ordinance by at least
six months. The Mayor, the President of Council, and members of Council
must receive reimbursement for actual time and necessary expenses
as supported by receipts incurred when on official business. The salaries,
fees, or compensation of appointed officers must be fixed by resolution
of Council.
[Amended 81 Del. Laws, c. 414]
Election of the Mayor, the President of Council, and other Council
members must occur at biannual elections on the second Saturday of
April (except when such date falls on Easter week-end, then on the
third Saturday of April). Commencing with the election to be held
in calendar year 2013 the terms of Mayor, the President of Council,
and other Council members must be staggered. At the election to be
held in calendar year 2013, the Mayor and 2 Council members must be
elected for a 2 year term while the President of Council and the remaining
2 Council members must be elected to a 4 year term. The 2 successful
Council member candidates receiving the largest number of votes must
be elected to 4 year term seats on Council. The 2 successful Council
member candidates receiving the least number of votes must be elected
to 2 year seats on Council. Thereafter, in all odd numbered years,
2 Council members and either the Mayor or the President of Council
(depending on whose term has expired) must be elected for 4 year terms.
Each officer shall hold office until the biannual election when his
or her term expires and until his or her successor has been elected
and qualified.
[Amended 80 Del. Laws, c. 3; 81 Del. Laws, c. 414]
(a)
The responsibility for conducting all municipal elections in the
City of New Castle is vested with the Board of Elections for the City
of New Castle. Each member of City Council shall appoint 1 qualified
elector, who is also a resident of the City of New Castle, to serve
as a member of said Board. The term of all individuals so appointed
is 4 years, commencing the day on which the appointment is made.
(b)
Should any member of the Board of Elections die or become unable
to perform the required duties, at any time, a successor must be appointed
to complete the remainder of the term in an open meeting of the City
Council, by the Council Member, or their successor, who made the original
appointment.
(c)
The Board of Elections for the City of New Castle has, subject to
the formal approval by Ordinance, by majority vote of the City Council,
the power, authority, and responsibility to establish or to amend
all rules or regulations designed to do any of the following:
(1)
Register Voters;
(2)
Conduct Elections;
(3)
In the month of July in years preceding an election years, meet and
elect from the members of the Board, a President and a Secretary;
and
(4)
To provide for all such other matters related to the municipal election
processes of the City of New Castle including compliance with all
applicable State election laws.
(d)
Any member of the Board of Elections or any election officer appointed
by them who is found guilty, by majority vote of the City Council,
of either of the following shall immediately forfeit their position
or employment:
(e)
The pay for all members of the Board of Elections, all election officers,
and all election related materials, including polling place rental,
must be fixed by City Council and paid out of City funds.
(f)
Any person desiring to become a candidate for the office of Mayor,
the President of Council, or a member of Council shall file with the
City his or her name, place of residence, and date, designating the
office for which he or she seeks to become a candidate, no later than
5:00 p.m. local time, of the last Friday in the month of February
in the year of the election.
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(g)(1)
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An elected official of the City does not qualify as a candidate
for a different elective office in the City if the term of the elected
official's current position and the term of the other elective
office will run concurrently for any period of time, unless the elected
official submits to the City a written letter of resignation from
the office the elected official currently holds at least 20 calendar
days before the last day to file as a candidate for the office the
person intends to seek. Such resignation takes effect on the earlier
of the following dates:
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a.
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The date the elected official is sworn into the elected official's
new office, if elected; or
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b.
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The date the elected official's successor is sworn into
the office that the elected official resigned from.
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(2)
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The provisions in this subsection (g)(1) of this section do
not apply to an incumbent elected official who files for re-election
to the same elective office; provided, however, that under no circumstances
may any individual simultaneously hold 2 elective offices in the City.
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(h)
Any candidate desiring to withdraw his or her candidacy
shall do so by notifying the City in writing no later than March 20th
in the year of the election or should March 20th fall on a weekend
or federal holiday, the next business day thereafter.
(i)
At any municipal election of the City of New Castle all individuals
who have attained the age of 18 at the time of the election who have
been a resident of the City of New Castle for 30 days preceding said
election are entitled to vote; provided, however, that said person
is otherwise qualified to register to vote and has registered to vote
as required by the Election Laws of the State of Delaware (15 Del.
C. Chapter 75), 5 days prior to said election. The Board of Elections
shall decide on the legality of the votes offered.
(j)
The Board of Elections shall determine the place or places for holding
said election, subject to the approval of City Council and shall give
notice of the time and places of holding said election by posting
notice thereof in accordance with applicable Delaware State election
laws governing municipal elections. The Board of Elections shall appoint
sufficient election officers and an election Inspector under 15 Del.
C. § 7556 to assist in overseeing and conducting elections.
(k)
On the day of the election, all polling places will open at 8:00
a.m., local time and close at 6 p.m., local time, for the purpose
of voting.
(l)
Upon the closing of the polls under subsection (k) of this section, the Board of Elections shall count all the votes cast, publicly read the results, and certify said results to the President and members of City Council.
(m)
For the purpose of certifying the results to the Board of Elections,
the election officers shall fill out 4 certificates of election, all
of which are to be verified and signed by all of the election officers
present at the closing of the polls. The Inspector and 1 election
official must each retain, for 30 days following the day of election,
1 copy of the certificate of election. The third copy must be given
to the President or the designee of the Board of Elections at the
closing of the polling place and the fourth copy must be given to
the President of City Council, at the closing of the polling place.
(n)
On the Monday evening following any such election, the City Council
shall meet at 8:00 p.m., local time, for the purpose of canvassing
said election. The President of the Board of Elections or the President's
designee shall appear before City Council at that time and present
the certificate of election retained by them. The City Council shall
canvass the vote and, after ascertaining which candidates have received
the greatest number of votes and have been thereby elected to the
various offices, shall fill out, sign, and deliver certificates of
election to all of the successful candidates.
(o)
In the event of a tie vote for election to any office, a special
election for said office(s) must be held within 45 days following
the election that resulted in the tie vote and the voter registration
books must remain closed until the outcome of the special election
is determined.
[Amended 81 Del. Laws, c. 414]
As soon as may be conveniently be done after the result of an
election under Section 6 has been ascertained by the City Council
under Section 6(n), but no sooner than the seventh day following said
election, each person elected as Mayor, President of Council, or member
of Council shall take and subscribe, before any sitting judge or justice
of any court of the State of Delaware, or any sitting Mayor, President
of Council, Council member, or Delaware licensed attorney, an oath
or affirmation that the individual will support the Constitution of
the United States and the Constitution of the State of Delaware and
that the individual will perform the duties of the office with fidelity.
Upon taking such oath or affirmation, and the giving of such
bond as is required by this Charter or applicable law, the person
elected shall enter upon the duties of that office.
The City may cause a bond to the municipal corporation to be
purchased which must cover the Treasurer in such amount as the Council
may determine, and with surety, to be approved by the Council, conditioned
for the faithful performance of the duties of the individual's
office. The Treasurer shall, from time to time, prepare and present
to Council such reports as may be required by Council. The Council
may, by ordinance, or otherwise, require such other officers of the
City to give bond in such manner and with such conditions as it may
deem proper.
[Amended 81 Del. Laws, c. 414]
The Mayor, President of Council, and members of Council hold
their respective offices until their successors have been duly elected
and qualified as provided by this Charter, and the failure to hold
an election on the day fixed or the omission to execute any authority
conferred by this Act does not dissolve the municipal corporation,
but the authority of each officer continues until a new election can
be legally held.
[Amended 81 Del. Laws, c. 414]
In case of the death, resignation, refusal to act, forfeiture
of office, disability, removal, or inability to be bonded under the
provisions of this charter, of any person elected to the office of
Mayor, President of Council, or member of Council, such office is
deemed vacant. If such vacancy occurs less than 6 months before the
next regularly scheduled City election, the office remains vacant
until the next election and a successor is duly elected. If such vacancy
occurs in excess of 6 months before the next regularly scheduled City
election, a special election must be held to fill such vacancy, with
the special election to be held no sooner than 60 days from the date
of the vacancy, and no later than 90 days from the date of the vacancy
as determined by City Council. Any individual desiring to become a
candidate for the office of a vacated elective office must file with
the City the individual's name, place of residence, and the date
of this filing, designating the office for which the individual seeks
to become a candidate, no later than 5:00 p.m. local time, on the
fortieth day before the date of the scheduled election. Any individual
desiring to withdraw the individual's candidacy shall do so by
notifying the City in writing no later than the twentieth calendar
day before the date of the scheduled special election. For purposes
of this section, if the deadline to file or withdraw one's candidacy
falls on a weekend or federal holiday, the deadline is extended to
the next business day thereafter.
The Mayor, President of Council, or any Council member immediately
forfeits office if the individual ceases to be qualified under this
Charter to hold office or is convicted of a non-appealable felony.
If the Mayor, the President of Council, or any Council member fails
to attend 3 or more consecutive regular monthly meetings of Council,
or more than one-third of Council's regular monthly meetings
in any consecutive 12 month period, the remaining Council members
may, in their discretion, following notice and an opportunity to be
heard, adopt a resolution removing the individual from office and
declaring that office vacant.
Any inspector, judge or clerk of election, at any election held
under this Charter, who shall knowingly and willfully take and receive
or advise and consent to the taking and receiving of the vote of any
person not entitled to vote at any such election, or shall knowingly
and willfully reject or advise and concur in rejecting the vote of
any person entitled to vote at such election, or shall use any fraud,
falsehood, or deceit in doing or performing any of the duties, matters
or things required of him or her, or shall refuse or willfully neglect
to perform any of the said duties, matters or things, shall, for every
such offense, upon conviction thereof in the Superior Court of State
of Delaware, in and for New Castle County, forfeit and pay to the
State a fine of Five Hundred Dollars for the use of the City of New
Castle; and any person not entitled to vote, who shall vote or offer
to vote at any such election, shall, upon conviction as aforesaid,
forfeit and pay to the State a fine of One Thousand Dollars for the
use of the City of New Castle.
The Council of the City of New Castle, and its successors in
office, shall be, and hereby is, vested with all the legislative powers
of the municipal corporation, and shall have power to make and use
a corporate seal and to change, alter and renew same. The said Council
and its successors shall be able and capable:
(a)
To sue and be sued, plead and be impleaded in all Courts in this
State by the corporate name of "The Council of the City of New Castle;"
and may have, take, purchase, possess, enjoy and retain, by lawful
means, to it and its successors, within said City, or beyond the limits
thereof, lands, tenements and hereditaments, goods, chattels and effects
of whatsoever kind, nature and quality, necessary for municipal purposes;
and the same to lien, sell, grant, demise, align or dispose of at
pleasure;
(b)
To receive devises, bequests, gifts and donations of all kinds of
property within said City and beyond the limits thereof, for its use
and benefit, or in trust for charitable, benevolent, educational,
or other public purposes, and to do all things necessary to carry
out the purposes of such devises, bequests, gifts and donations;
(c)
To acquire or erect public buildings for municipal purposes, and
to regulate and control the management of the same;
(d)
To lay out, establish and maintain or vacate public parks and squares;
(e)
To lay out, open, regulate, grade, extend, widen, improve or vacate
streets and alleys, crossings and other highways;
(f)
To construct, maintain or vacate sewers, drains, gutters and other
works for the disposition of sewage and drainage of said City, the
jurisdiction and control over the squares, streets and alleys, sidewalks,
crossings and highways to extend from building line to building line;
(g)
To supply said City and its inhabitants with water, and wastewater
treatment facilities, and to protect the water to be used from contamination;
(h)
To provide for the acquisition or erection and maintenance of such
works as may be necessary or convenient for supplying water, and to
fix, alter, regulate and control the price and use of, water and wastewater
treatment so supplied;
(i)
To provide for lighting the streets and all public places in said
City, and for supplying the inhabitants thereof with electricity;
(j)
To provide for the acquisition or erection and maintenance of such
works as may be necessary or convenient for supplying such electricity,
and to fix, alter, regulate and control the price and use of electricity
so supplied;
(k)
To grant to persons or corporations in such manner and upon such
terms and conditions as it may prescribe, franchises and privileges
to locate, construct, extend and operate any enterprise, in, upon,
or through any public park, square, street or other highway, provided
that such grant shall be subject to repeal or revocation for the abuse,
misuse or nonuse of the franchises and privileges thereunder granted,
and provided further that no ordinance granting any such franchise
or privilege shall be passed unless it shall receive the affirmative
votes of two-thirds of all the members of Council;
(l)
To regulate and control the storage, within said Town, of explosives,
oils, compounds, or any other dangerously combustible matter;
(m)
To grant licenses or permits for any lawful purpose, and to define
the purposes for which licenses or permits shall be required;
(n)
To make and enforce sanitary regulations;
(o)
To define, abate and remove nuisances, injurious to the public health
or dangerous to the inhabitants of said City, and to prevent the introduction
of infectious or contagious diseases, for which said purpose its jurisdiction
shall extend to any point within one mile beyond the limits of said
City;
(p)
To regulate and control the erection of buildings within said City,
and to require licenses or permits to be taken out before the erection
or repair of any building;
(q)
To prohibit the going at large of any animal, except under regulations
prescribed by it;
(r)
To lay and collect fines on the owner or harborer of animal found
going at large in violation of such regulations; and to provide for
the registration of dogs in said City;
(s)
To make and enforce within said City such fire, police and other
regulations as may be deemed expedient to protect persons and property,
maintain the public peace, prevent crimes and promote the public morals;
(t)
To establish, direct and administer police and fire departments and
to appoint such police, fire prevention and other suitable personnel
to enforce the City's laws, ordinances and regulations and the
laws of the State of Delaware as same may be amended from time to
time, and to otherwise preserve the peace within the limits of the
City, said police personnel having full right to pursue and arrest
beyond the limits of the City any violator of the laws or ordinances
of the City;
(u)
To borrow money for municipal purposes on the credit of the corporation
and to issue bonds therefore in the manner and under the restrictions
hereinafter provided;
(v)
To provide for the payment of the legitimate expenses of the corporation,
and for the annual payment, through the medium of a reserve fund,
or otherwise, of a portion of its bonded indebtedness, now existing,
or hereafter to be created:
(w)
To prescribe the extent of steps, porches, cellar doors and other
outlets to buildings;
(x)
To regulate the construction and repair of chimneys, and to regulate
party walls:
(y)
To prescribe the violations of ordinances by fine or imprisonment,
as determined by Council by ordinance.
(z)
To make general assessments of property in said City, and assess
and collect taxes and other rates and charges thereon, for municipal
uses and purposes; and to make and collect special assessments of
said property for the costs of any local or general improvement and
to enforce the payment of such taxes and other rates and charges and
special assessments; and
(aa)
To exercise all municipal powers necessary to the proper administration
of the municipal government, and for the wellbeing of the inhabitants
of said City, whether said powers be expressly enumerated herein or
not.
[Amended 81 Del. Laws, c. 414]
The Mayor of the City is the executive officer thereof, and
is hereby constituted a conservator of the peace within the said City,
and is authorized, empowered, and required to exercise within said
City, all the authority which justices of the peace in and for the
County of New Castle may exercise under the laws of this State, and
the Mayor is further invested with authority in all lawful cases of
commitment to commit persons guilty of a breach of the peace to the
appropriate correctional facility. The Mayor must faithfully execute
the laws and ordinances of said City and for that purpose has the
power and authority to arrest and hold to bail all persons accused
of a breach of said ordinances, and fine and imprison all persons
found guilty of a breach of said ordinances. Such power and authority
must be exercised upon complaint duly made under oath and hearing
of the party accused, and for that purpose, the Mayor has the power
to issue the ordinary process for the arrest of parties and for the
attendance of witnesses, and the power to punish for contempt now
possessed by justices of the peace. Provided, that the Mayor does
not have jurisdiction in any civil matter other than to carry out
the provisions of this charter, or the regulations and ordinances
adopted for the government of said City by the powers herein authorized
to adopt the same, and that all fines imposed and collected, must
be paid to the City of New Castle.
[Amended 81 Del. Laws, c. 414]
All the legislative powers of the corporation are vested in
the Council. Council may adopt rules for the government of their own
body and the transaction of business. The President of Council is
the presiding officer and a member of the Council and has the authority
to designate another member of Council to preside at any meeting of
Council in the President's absence. The Council shall meet for
the transaction of business no less frequently than monthly at such
times as the said Council may determine, and a majority of the whole
number of members constitutes a quorum to do business. All meetings
of the Council are public, except meetings for the transaction of
executive business in accordance with the Delaware Freedom of Information
Act, 29 Del.C. §§ 10001 et seq., as amended. No ordinance
can pass the Council unless the ordinance has the concurrence of a
majority of all the members of the Council and has had at least one
reading at a previous meeting thereof. No ordinance may be repealed
other than by an ordinance duly passed. On the final passage of an
ordinance the vote must be taken by yeas and nays and the names of
the persons voting for and against the same must be entered on the
minutes. The yeas and nays on any questions may, at the desire of
any Council member, be entered on the minutes. No ordinance authorizing
the borrowing of money and the issuing of bonds therefor can pass
the Council without the concurrence of at least two-thirds of all
the members. Every ordinance after it has passed the Council, must
be signed by the President of Council and the Clerk of Council in
authentication of its passage, and on the next day thereafter presented
to the Mayor. If the Mayor approves it, the Mayor shall sign it; but
if not, the Mayor shall return it with written objections to the Council
who shall enter the objections on the minutes and proceed to reconsider
it. If two-thirds of all the members of the Council agree to pass
the same, it becomes an ordinance of the City; otherwise it is inoperative.
Every ordinance that is not returned to the Council by the Mayor within
5 days after receipt, becomes an ordinance of the City in like manner
as if the Mayor had signed it. All ordinances of the City must be
preserved in the permanent records of the City.
The streets, sidewalks, lanes, alleys, pavements, curbs, gutters,
light, power, sewer, and water, in the City of New Castle shall be
under the supervision, management and control of the Council.
Whenever Council shall deem it expedient and needful for the
public good and convenience that any sidewalk or street or portion
thereof within said City should be paved or repaved or that any curbing
should be laid or reset or repaired, the Council shall have the power
to cause the sidewalk or street or portion thereof to be paved or
repaved, repaired or re-laid, and to cause the curbing or gutters
to be laid, reset, or repaired with such material or materials and
according to such specifications as it shall determine. Council may,
by ordinance, require that such work be undertaken and/or paid for
by the owners of adjacent property and may impose a lien on such property
owners if such costs are not timely paid. Whenever Council shall deem
it expedient and needful for the public health and welfare that any
sewers, mains and pipes be laid or installed on any property or on
any street or alley in said City or any public road adjoining or extending
to said City, the said Council shall have the power and it is hereby
authorized to proceed with the laying and installing of said sewers,
mains and pipes in the manner hereinbefore provided pertaining to
the improvements and repairs to sidewalks, streets, curbs and gutters,
and to cause same to be done and costs recovered as therein provided.
In addition, whenever Council shall so determine, it may in like manner
cause any property in the City to be connected with the water and
sewer mains and to recover the costs therefore after like notice and
in like manner as hereinbefore provided for the improvements and repairs
to streets, sidewalks, curbs and gutters.
If any person or persons or entity shall hereafter set up a
business for manufacturing, industrial, office or other commercial
purposes within the limits of said City and the Council shall determine
that such business will furnish continuous employment for a sufficient
number of persons to materially benefit the City of New Castle generally,
the Council shall have power to remit, in whole or in part, the levying
of taxes imposed thereon for City purposes for a period not exceeding
ten years; but such remission of taxes shall remain in the discretion
of Council and may be conditioned in the discretion of Council.
No circus, menagerie, theatrical or minstrel company, or exhibition
of any kind shall be exhibited, or bills posted, or street parade
had therefore within the limits of said City; nor shall any person
or persons, or corporation, open or set up, or attempt to open or
set up therein, any temporary or transient business, for the purpose
of selling or offering for sale by auction or otherwise, goods, wares,
or merchandise; or peddle, take orders for the delivery of goods,
wares and merchandise within the limits of said City, without first
having obtained permission of Council, which shall have power to issue
license or permit therefore, the charge for which shall remain in
its discretion. For purposes of this Section, the phrase "temporary
or transient business" shall be defined as set forth in 6 Del. C. § 4702
as same may be amended from time to time, and, in addition, shall
not include any individual business that operates at a permanent location
if all of the businesses which operate at the location, taken together,
would not be considered a temporary or transient business.
No road tax shall be levied upon any of the property within
the limits of said City by any other taxing authority within the State
of Delaware than the Council of said City, which shall levy all taxes
necessary for the maintenance of the streets, lanes and alleys of
said City.
The Council shall, on or before the first Monday in each July,
meet and ascertain, as near as may be, the amount necessary to cover
the net expenses of the government of said City for the current fiscal
year, including, but not limited to, the maintenance of streets, police
assessment, collection of taxes and cost of trash collection; and
shall make up a budget containing the items and estimated amounts
necessary to cover each and every branch and item of said City government.
And immediately after the assessment and valuation shall have been
finally settled and adjusted under the provisions of this Act, the
said Council shall proceed to levy a tax on the real property, thus
valued and assessed, in just and equal portions and rates, sufficient
to cover the aggregate of said budget.
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Section 19.1 Adoption of New Castle County Assessment
[Amended 81 Del. Laws, c. 414] |
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The City shall adopt the assessment set from time to time by
New Castle County for all property located within the corporate limits
of the City in lieu of making its own independent valuation and assessment
of such property. The assessment of values established by New Castle
County is conclusive for the purpose of levying City taxes and the
City has no authority to hear appeals regarding same.
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Section 19.2 Payment of Taxes
[Amended 81 Del. Laws, c. 414] |
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All taxes must be paid to the City of New Castle at the City
Hall during regular business hours. All taxes are due and payable
on the first day of July in the year in which they are assessed and
laid and must be paid no later than September 30 (or on the next banking
day, if September 30 is a weekend or holiday) of each year. The Council
may provide for early payment discounts in its discretion. An accrued
penalty of one and a half percent (1.5%) per month or fraction thereof
for each month unpaid after due date must be paid on all taxes paid
after September 30. All tax bills must be sent out on or before August
1 of each year. Appropriate legal action shall be taken against all
delinquent taxables whose taxes have become delinquent as determined
by Council.
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Section 19.3 Exemptions from Payment of Taxes
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The Mayor and Council may by ordinance establish an annual full
or partial exemption from payment of City taxes for all City residents
who are at least 65 years of age or older at the time the fiscal year
commences which exemption may be subject to conditions as Council
may require.
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Section 19.4 Collection of Delinquent Taxes — Generally
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(a)
The provisions of Chapter 29, Title 25 of the Delaware Code, as amended,
with reference to tax liens are deemed and held to apply to all taxes
laid and imposed under the provisions of this Charter. In addition,
liens on real property arise in favor of the City whenever the following
charges are imposed by the City or the City's Municipal Services
Commission relating to any parcel of real estate:
[Amended 81 Del. Laws, c. 414]
(1)
Service charges for maintenance or use of water and electrical systems,
including penalty and interest thereon;
(2)
Charges for the costs of securing, razing, or demolition of buildings
done through public expenditure;
(3)
Charges for duly authorized improvements or maintenance to the exteriors
of buildings or property done through public expenditure;
(4)
Assessments for the installation of electrical lines, water mains,
sidewalks and curbing, including penalty and interest thereon;
(5)
Fees imposed by law or ordinance of the City for registration of
ownership of any vacant buildings located within the political subdivision,
the imposition of which fees is final and non-appealable;
(6)
Charges for the costs of removing weeds, grasses, refuse, rubbish,
trash or other waste material done through public expenditure; and
(7)
As authorized by ordinance.
(b)
Debt Action. The City may recover the amount of the tax or other
charge due in an action of debt against the delinquent taxpayer or
property owner in any court of competent jurisdiction and it shall
be sufficient to set forth that the action is to recover a specified
sum of money, being a tax or other charge assessed against property
owned by defendant, in whole or in part, together with such description
of the property as will be sufficient to identify the same and the
year for which the taxes were levied. The right of appeal shall be
the same as in other civil actions.
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If a judgment be rendered in favor of the City, there shall
be an allowance for the additional expense in attending to the suit,
including counsel fees. The amount of accrued interest, which shall
be taxed by the court in the costs. Thereupon execution shall issue
against the real estate of defendant. No execution against the real
estate shall issue except out of the Superior Court. Where such judgment
is recovery from a lower court of competent jurisdiction and it is
the desire of the City to proceed against the real estate of the defendant,
the City shall take a transcript of the judgment from such lower court
and cause the same to be entered in the Superior Court in and for
New Castle County. When such transcripts are entered, the subsequent
proceedings shall be the same as upon other judgments. The lien of
the judgment, as aforesaid, shall be deemed to relate back and take
effect from the date of the assessment roll.
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(c)
In addition to all existing methods and authority for collection
of taxes or other charges due to the City or its Municipal Services
Corporation, the City may file or cause to be filed a praecipe in
the Office of the Prothonotary of the Superior Court in and for New
Castle County.
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The praecipe shall contain the name of the person against whom
the taxes or other charges sought to be collected were assessed, a
copy of the bill or bills showing the amount of taxes or charges due,
and the property against which the taxes or charges were assessed.
The description of the property, as the same appears upon the assessment
rolls of the City, shall be sufficient identification and description
of the property. The City shall also cause notice to be given to the
person against whom the taxes or charges sought to be collected were
assessed by mailing certified mail (return receipt requested) to the
said person at the best available address for such person a copy of
the praecipe with instructions that, unless payment is made or an
appearance otherwise entered on behalf of said person within thirty
(30) days of mailing, judgment shall be entered against the property.
When a copy of the praecipe with instruction has been so mailed, the
City shall file or cause to be filed an affidavit of mailing in the
Office of the Prothonotary. The mailing of the praecipe with instructions
and the filing of the affidavit shall be deemed to be a complete discharge
of the City's duty to give notice to the person against whom
taxes or charges are sought to be collected, whether or not the receipt
of the registered mailing is returned. If no payment or appearance
is thereafter made within thirty (30) days of mailing, the Prothonotary
shall make a record of the same on a special judgment docket of the
Superior Court, against the property mentioned or described in the
praecipe, which record shall consist of the following:
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(1)
The name of the person in whose name the assessment was made;
(2)
The description of the property as the same shall appear upon the
assessment rolls;
(3)
The year or years for which the taxes are due and payable;
(4)
The date of filing of such praecipe; and
(5)
The amount of the judgment, the same being the amount set forth in
the praecipe.
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Such judgment shall be indexed in the appropriate judgment docket.
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Thereafter upon a praecipe for monition filed in the Office
of the Prothonotary by the City, a monition shall be issued by the
Prothonotary to the Sheriff of New Castle County, which monition shall
briefly state the amount of the judgment for the taxes and charges
due and the years thereof, together with a brief description of the
property upon which the taxes and charges are a lien. A description
of such property as same shall appear upon the assessment rolls so
prepared shall be a sufficient description. The monition shall be
in substantially the following form:
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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 taxes or assessment herein claimed
is filed in the office of the Prothonotary, which evidence shall be
in the form of a receipted tax or assessment bill or duplicate thereof,
bearing date prior to the filing of the lien in the Office of the
Prothonotary for New Castle County, the City of New Castle may proceed
to sell the property herein mentioned or described for the purpose
of collecting the judgment for the taxes or assessments herein stated.
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Name of person
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Description
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Year
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Amount
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In whose name
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of
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or
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of
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Property is
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Property
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Years
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Judgment
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Assessed
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The monition, or a copy thereof, shall be posted by the Sheriff
upon some prominent place or part of the property against which the
judgment for the taxes or assessment is a lien, and the Sheriff shall
make due and proper return of his proceedings under the monition to
the Prothonotary, within ten (10) days after the posting of the monition.
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Alias or pluries monition may issue upon like praecipe. The
posting of the notice as herein required shall constitute notice to
the owner or owners and all persons having any interest in the property.
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At any time after the expiration of twenty (20) days next following
the return of the Sheriff upon the monition, unless the judgment together
with costs has been paid prior to the expiration of the twenty (20)
days, evidence of the payment of such taxes evidenced by a receipted
tax or assessment bill or a duplicate thereof bearing date therefor
prior to the filing of the lien for record in the Office of the Prothonotary,
then upon application in writing by the City of New Castle, a writ
of venditioni exponas shall issue out of the Office of the Prothonotary
directed to the Sheriff commanding the Sheriff to sell the property
mentioned or described in the writ and make due return of his proceedings
thereunder in the same manner as is now applicable with respect to
similar writs of venditioni exponas issued out of the Superior Court.
The property shall be described in the writ under the description
thereof as it appears on the assessment rolls 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. The writ shall be substantially
in the following form:
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NEW CASTLE COUNTY, SS
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The State of Delaware
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TO THE SHERIFF OF NEW CASTLE COUNTY,
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GREETINGS:
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WHEREAS, by a Monition issued out of the Superior Court dated
at Wilmington the _________ day of ________________, A.D. 20 ____,
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 the said Superior Court within ten days after said posting.
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That on the _______ day of ________, A.D. 20 ____, you returned
that a copy of the said Monition was posted on the real estate therein
mentioned and described on the _____ day of ______, A.D., 20 ____.
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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:
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(description)
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… and that you should cause to be made as well a certain
debt of ________ Dollars ($__________) lawful money of the United
States, which to the said City of New Castle is due and owing, as
also the sum of _________ Dollars ($__________) lawful money as aforesaid
for its costs, which it 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 that money before the Judges of our Superior Court
at Wilmington, on Monday the ______ day of __________, next, to render
to the said City of New Castle as aforesaid, for its debt and costs
as aforesaid, and this writ: Witnesseth, the Honorable _________________,
at Wilmington _____________ day of ____________ A.D., 20_____.
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_____________________________________
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Prothonotary
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Any real estate or interest therein sold under the provisions
of this Charter shall vest in the purchaser all the right, title and
interest of persons in whose name the property was assessed, and/or
all right, title and interest of the person or persons who are the
owners thereof, and likewise freed and discharged from any liens and
encumbrances dower or curtesy or statutory right, in the nature of
a dower of curtesy, whether absolute or inchoate, in or to the real
estate.
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If the owner of the property and/or his legal representatives
fail to redeem the property as provided in this Charter, the purchaser
of the property or his legal representatives, successors or assigns
may present a petition to the Superior Court setting forth the appropriate
facts in conformity with this Charter and pray that the Superior Court
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 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,
or a description by metes and bounds where obtainable shall be a sufficient
description in any such deed.
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The owner of any such real estate sold under this Charter or
his legal representatives may redeem the same at any time within sixty
(60) days from the day 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 representatives, successors or assigns,
refuse to receive the same, or do not reside or cannot be found within
the City of New Castle, by paying the amount into the Court for the
use of the purchaser, his legal representatives or assigns.
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If the owner of any real estate sold under an order of sale
or his legal representative redeems the real estate, he may present
to the Superior Court a petition setting forth that fact and thereupon
the Superior Court, after hearing and determining the facts set forth
in the petition, shall have 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, except
insofar as the liens have been discharged or reduced by the application
of the proceeds by the Sheriff from the sale.
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Upon the return of the proceedings under a writ of venditioni
exponas, the Superior Court may inquire into the regularity of the
proceedings thereunder and either approve the sale or set it aside.
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No monition proceedings shall be brought under this Charter
unless the tax or assessment sought to be collected hereunder shall
at the time of the filing of the praecipe in the Office of the Prothonotary
be and constitute a lien upon the property against which the tax or
assessment was assessed or laid.
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Whenever the Superior Court is mentioned in this Charter, the
same shall be held to embrace the Judges or any Judge thereof, and
any act required or authorized to be done under this Charter may be
done by the Superior Court or any Judge thereof in vacation thereof,
as well as in term time.
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The fees and costs to be taxed in all proceedings under this
Section, where not otherwise provided for, shall be set by the Council
by ordinance.
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Any real estate now or hereafter purchased by the City at sales
for taxes, may be sold by order of the Council of said City, and deed
for the same shall be made to the purchaser or purchasers and executed
for the municipal corporation by the Mayor or the President of Council
and City Clerk. Such deed shall convey all the rights of the municipal
corporation in the property, and the proceeds of such sales shall
be deposited in the City Treasury as part of the general tax money
of the City.
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(d)
Remedies Cumulative. The remedies herein provided are cumulative
and, if two or more proceedings are pending to recover the amount
due for taxes or other charges upon the same property for any year,
neither proceeding shall be pleaded in bar or in suspension of other
proceedings. However, when the full amount due for taxes upon the
property for the year or other charges shall have been paid to the
plaintiff in any proceeding, together with all costs in all proceedings
then pending, plaintiff shall enter upon the records thereof discontinuances
thereof.
(e)
Establishment of Collection Methods. Specifics procedures for the
collection of delinquent taxes and other charges generally provided
under this and the preceding Sections, where not otherwise provided
for, shall be set by the Council by ordinance. All other procedures
not covered by this and the preceding Sections shall be the same as
are provided by law.
(f)
Fees and Costs. The fees and costs to be fixed in all monition proceedings
and all other delinquent tax recovery methods under this and the preceding
Sections, where not otherwise provided for, shall be set by the Council
by ordinance. All other charges not covered by this and the preceding
Sections shall be the same as are provided by law.
[Amended 81 Del. Laws, c. 414]
(a)
Whenever the needs of the City require more money than is, at the
time, in the City treasury from current receipts, the Council is authorized
and empowered to anticipate current revenue by borrowing such amounts
as are needed. The aggregate amount of outstanding principal from
any such borrowing or borrowings under this paragraph may not exceed
$500,000.00. Any borrowings under this paragraph must, by their terms,
be repayable in full within 13 months of the date of each such borrowing
or the maximum time period permitted under Federal tax law, whichever
greater.
(b)
To exercise the power under paragraph (a) of this section, the Council
must adopt a resolution to that effect, which resolution must be by
roll call and require the affirmative vote of at least a two-thirds
majority of all members of the Council. The indebtedness created under
this provision must be secured by a promissory note or notes or other
evidence of indebtedness of the City, and the full faith and credit
of the City may be deemed to be pledged thereby, and no officer nor
Council member is personally liable for the payment of such notes
because it is signed by them as officers of the City, and is authorized
by a resolution of the Council. Such short-term debt must not be considered
as part of the bonded debt of the City when limitations under indebtedness,
as set forth elsewhere in this Charter, are computed.
(a)
The Council of the City of New Castle may borrow upon the full faith
and credit of said City, a sum or sums not to exceed one and two-tenths
percent (1.2%) of total assessed value of the real estate in said
City in principal amount outstanding at any one time, for capital
expenditures, pursuant to a resolution following public hearing, passed
by a two-thirds majority of all members of Council, and give its obligation
therefore, subject to a twenty percent (20%) borrowing limitation
set forth in Section 21(b). All obligations or bonds authorized by
this Section must be signed by the President of Council and countersigned
by the Treasurer, and sealed with the corporate seal. The Council
of the City of New Castle shall determine the form of the bonds or
certificates of indebtedness authorized under this section, if any,
the time or times of payment, the interest rate, the classes, the
series, the maturity, the registration, any callable or redeemable
feature, the denomination, the name thereof, and any other relative
or appurtenant matter pertaining thereto. All bonds or other kinds
or forms of certificates of indebtedness issued by the City pursuant
to the provisions in this Section, and the interest thereon, are exempt
from taxation from the State of Delaware or any political subdivision
thereof. The aggregate principal amount of debt outstanding from any
such borrowing or borrowings under Section 21(a) may at no time exceed
one and two-tenths (1.2) percent of total assessed value of the real
estate in said City.
[Amended 81 Del. Laws, c. 414]
(b)
The Council of the City of New Castle may borrow money for municipal
purposes of any character whatsoever, upon the full faith and credit
of said City, secured by revenues pledged to secure and repay such
indebtedness, or both, and issue bonds or other evidence of indebtedness,
but in no case shall the total indebtedness of every kind (including
amounts borrowed pursuant to Section 21(a), but exclusive of amounts
payable solely from revenues or borrowed pursuant to Section 20) exceed
twenty percent (20%) of the then last assessed value of all real estate
in said City. Before borrowing any sums (other than sums borrowed
pursuant to Section 20 or Section 21(a) hereof) the Council shall
submit to the qualified voters of said City the question of borrowing
such sum or sums of money, and such borrowing shall not be authorized
unless first approved by a majority of the votes cast at a special
election to be held for that purpose. Notice of such special election
stating the amount proposed to be borrowed (which may be stated as
a not-to-exceed amount) and, when borrowed, what the aggregate of
the municipal indebtedness will be, and the purpose to which the loan
will be applied, shall be posted according to Delaware law at least
ten (10) days prior to said special election.
(c)
At such special election, any person who is entitled to vote in the
annual City election, if it were held on that day, shall be entitled
to vote. The said election shall be by ballot or voting machine, if
required by State law, and under like provisions and by like officers
as herein provided for holding general municipal elections. The ballots
shall be printed 'For Bond Issue' or 'Against Bond
Issue' (or if for multiple projects, 'For' or 'Against'
a Bond Issue in an aggregated stated principal amount for a stated
project. If a majority of the votes cast be 'For the Bond Issue'
(or if multiple projects, For Bond issue in the aggregate principal
amount for a stated project), then the Council shall have the authority
to borrow the sum or sums of money and issue the bonds therefore,
pledging the full faith and credit of said City.
(d)
If revenue bonds are issued, each such bond shall recite in substance
that said bond, including interest therein, is payable from the revenue
pledged to the payment thereof, and that said bond does not constitute
a debt of the City of New Castle within the meaning of the bonded
indebtedness limitation contained in Section 21(b) above provided,
however, that in the event of some emergency, the City may temporarily
borrow, advance or loan such amount as is necessary to meet current
interest on outstanding bonds, such advance or loan to be repaid to
the City of revenue subsequently received from the undertaking. If
revenue bonds are issued, the Council shall prescribe and have collected
reasonable rates, fees or charges for the service, facilities and
accommodations of said undertaking and shall revise such rates, fees
or charges from time to time whenever necessary so that such undertaking
shall be and always remain self-supporting. The rates, fees or charges
prescribed shall be such as will procure revenue at least sufficient
to pay, when due, all bonds and interest thereon the payment of which
such revenue is or shall have been pledged, charged or otherwise encumbered,
including reserves therefore, and to provide for all expenses of operation
and maintenance of such undertaking, payments in lieu of taxes, depreciation
and other reserves. Any bonds or indebtedness secured by both revenues
and the full faith and credit of the City, shall be subject to the
limitations contained in Section 21(b).
(e)
In connection with development plans, the Mayor and Council have
the power to impose, upon new development or construction, upon first-time
occupancy of new construction, or upon annexed property such 'impact
fees' as are reasonably calculated to recover the proportionate
cost of installing, enlarging, improving or expanding public or municipal
improvements including sewer, water, electric, gas, roads, parking,
police and parks and to contribute to the costs of operations of those
volunteer fire companies and/or ambulance/paramedic companies providing
services within the City.
(f)
Any bonds, notes or evidence of indebtedness issued pursuant to this
Section and the interest thereon shall be exempt from taxation by
the State of Delaware, its agencies and political subdivisions. The
form of the bonds or certificates of indebtedness authorized under
this Section, if any, the time or times of payment, the interest rate,
the classes, the series, the maturity, the registration, any callable
or redeemable feature, the denomination, the name thereof, and any
other relative or appurtenant matter pertaining thereto shall all
be determined by the Council of the City of New Castle, by resolution.
Any such bonds, notes or evidences of indebtedness may be sold in
a public or private sale as determined by the said Council.
(g)
If the City shall irrevocably deposit in trust with a Delaware bank
or trust company that has offices in the State of Delaware, amounts
sufficient, together with investment proceeds thereof, to pay principal
and interest on indebtedness of the City when due and upon maturity
or earlier redemption, such indebtedness shall not be deemed outstanding
for purposes of the debt limitations contained herein. Any bonds or
other debt instruments issued by the City to currently or advance
refund-existing indebtedness shall not require a special election,
provided that the refunding results in debt service savings to the
City.
The Council of the City of New Castle shall have authority to
provide for a reserve fund for the redemption of any and all bond
issues now outstanding against said City, or which may be hereafter
issued by the City, at or before their maturity.
(a)
This Act shall operate to amend, revise and consolidate, 'An
Act to Re-incorporate the City of New Castle' being 67 Del. Laws,
Chap. 30 (1989), as amended by 69 Del. Laws, Chap344, and the various
amendments and supplements thereto, and to repeal all such parts of
said Act and its amendments and supplements as are manifestly inconsistent
with the provisions of this Act. All powers conferred upon or vested
in the City of New Castle by any Act of Law of the State of Delaware
not in conflict with the provisions of this Charter, are hereby expressly
conferred upon, and vested in the City of New Castle and/or the Council
of the City of New Castle, precisely as if each of the said powers
was expressly repeated in this Charter.
(b)
All ordinances and resolutions heretofore lawfully enacted or adopted
by the "The Mayor and Council of the City of New Castle," "The Council
of the City of New Castle" or the "Mayor and Council of New Castle",
and now in force, shall so remain until repealed, modified or altered
by the Council of the City of New Castle" under provisions of this
Charter; all the acts and doings of the Mayor and Council of New Castle
or any officers or employees of the City of New Castle lawfully done
or performed under the provisions of any law of this State, or of
any ordinance of the City of New Castle prior to the approval of this
Act, are hence ratified and confirmed; all taxes, debts, fines or
penalties, assessments and forfeitures due the Mayor and Council of
New Castle shall be deemed to be due to the City of New Castle and
debts due from the Mayor and Council of New Castle shall be deemed
to be due from the City of New Castle and the same shall remain unimpaired
until paid; and the power, right and authority to collect taxes imposed
under the provisions of this Act, and the process which may be employed
hereunder, shall be deemed to apply and to extend to unpaid taxes
imposed under the Charter of the City of New Castle and all amendments
and supplements thereto; the bonds given by or account of the Mayor
and Council of New Castle shall not be impaired by or affect by the
provisions of this Act, but the City of New Castle shall succeed to
all benefits of said bonds; all valid laws heretofore passed relating
to or concerning the Mayor and Council of New Castle or authorizing
the borrowing of money and issuing of bonds on the credit of the Mayor
and Council of New Castle shall be and remain valid and good as heretofore,
and shall be unaffected and unimpaired by this Act.
If any provision of this Act or the application thereof to any
provision or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the Act which can be given
effect without the invalid provision or application; and, to that
end, the provisions of this Act are declared to be severable.
In construing this Act, every word importing the masculine gender
only may be extended to and include females as well as males.
The word "Council" shall be construed to mean the "Council of
the City of New Castle". The word "City" shall be construed to mean
the "City of New Castle".
The words "land" or "lands" or "real estate" shall be construed
to include lands, tenements and hereditaments.
This Act shall be deemed and taken to be a public Act.
