The Town of Georgetown, in order to ensure fair, ethical and
accountable local government, requires that all public officials:
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Comply with both the letter and the spirit of the laws and policies
affecting operations of the government.
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Be independent, impartial and fair in their judgment and actions.
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Use their public office for the public good, not for personal
gain.
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Conduct public deliberations and processes openly, unless legally
confidential, in an atmosphere of respect and civility.
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To this end, The Town of Georgetown has adopted a Code of Ethics
to encourage public confidence in the integrity of local government
and its fair and effective operation.
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Annually, Town Council members shall sign an Affirmation of
the Code of Ethics as prescribed by the Town of Georgetown at the
Council meeting in May each year when the Town Council elects the
Secretary and Vice Mayor, as an acknowledgement of each Council member's
continuing commitment to abide by the principles of this Code.
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(a)
The Mayor shall be a voting member of the Town Council and shall
attend and preside at meetings of the Town Council, represent the
Town in intergovernmental relationships, appoint with the advice and
consent of the Town Council the members of citizen advisory boards
and committees, appoint the members and officers of Town Council committees,
assign subject to the consent of Town Council agenda items to committees,
and perform other duties specified by the Town Council. The Mayor
shall be recognized as head of the Town government for all ceremonial
purposes and by the Governor for purposes of military law but shall
have no administrative duties.
(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/her predecessors. The person against whom the Council may be
about to proceed shall receive five (5) calendar 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) calendar days following the date that notice or removal
is received by such person.
(c)
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 in the event of absence of the Mayor and perform
such other duties and to have such other powers of the Mayor as are
prescribed by the Charter of the Town of Georgetown or by any ordinance
of the Town Council.
(a)
The Secretary shall have charge and oversight of books, journals,
records, papers and other effects of the Town and shall keep the same
in a safe and secure place. The Secretary shall keep a full and complete
record of all the transactions in the Town of Georgetown. The Secretary
shall file and keep in a safe place the seal of the Town of Georgetown
and all papers and documents arising out of the proceedings of the
Town Council relative to the affairs of the Town. The Secretary shall
deliver the same to his/her successor in office. The Secretary shall
attest the seal of the Town of Georgetown 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 overseen by the Secretary
may, in the presence of the Mayor, Vice-Mayor, any member of the Town
Council or Town Manager, may be inspected 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 overseen by the Secretary
shall be open for inspection by members of the Town Council.
(a)
The Town shall have and enjoy all the powers possible for a municipal
corporation to have under the Constitution and laws of the State of
Delaware, as fully and completely as though they were specifically
enumerated in this Charter.
(b)
Not by way of limitation upon the scope of the powers vested in the
Town Council to exercise all powers delegated by this Charter or general
law to the Town (except as may expressly appear herein to the contrary),
but, rather by way of enumeration and example, the Town Council is
vested by this Charter with (among others) the following Powers:
(1)
To prevent public vice, drunkenness and immorality.
(2)
To provide for and preserve the health, peace, safety, cleanliness,
ornament, good order and public welfare of the Town and its inhabitants.
(3)
To prohibit all gaming and fraudulent devices.
(4)
To prohibit, restrain, license or regulate all public sports,
exhibitions, shows, parades, productions, circuses or other public
performances, amusements and games.
(5)
To ascertain, locate, lay out, establish, open, change, alter,
widen, abandon, regulate the use and enjoyment of, prevent or remove
any obstruction of, level, grade, flag, dress, macadamize, pave, gravel,
shell, improve, dredge, erect, remove, repair or replace any new or
present street, highway, lane, alley, water course, 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 any street, lane, alley, roadway or other public
thoroughfare within the Town.
(6)
To regulate or control activities on Sunday.
(7)
To establish and regulate pounds and to restrain, prohibit and
impound any domestic or wild animal, beast, bird or fowl running at
large, and to authorize the destruction of the same.
(8)
To locate, regulate, license, restrain or require the removal
of any businesses or buildings or conditions detrimental to the public
health or constituting a public nuisance or of an offensive or a noxious
nature.
(9)
To enforce the removal of ice, snow or dirt or other foreign
substance from sidewalks and gutters by owners or abutting owners.
(10)
To prohibit, remove or regulate the erection of any stoop, step,
platform, bay window, cellar, gate, area, descent, sign, post or any
other erection nor projection in, over, upon or under any street,
highway, alley, lane, water course, park, lake, sidewalk, crosswalk,
sewer, drain, aqueduct or pipeline of the Town.
(11)
To define, prevent, abate or remove nuisances, obstructions
or any other condition detrimental to the public safety, health or
welfare.
(12)
To provide an ample supply of potable 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 Georgetown
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 waste system or the equipment
of the Town, to furnish or refuse to furnish water from the Town system
to places and properties outside the Town limits; and to contract
for and purchase water and distribute the same to users within or
without the Town with the same full powers as though such water had
been initially reduced to usefulness by the municipality itself.
(13)
To provide, construct, extend, maintain, manage and control
a sewer system and/or a sewage treatment and disposal plant and facilities
for the health, sanitation and convenience of the inhabitants of the
Town; to regulate and prescribe for what private or public uses or
purposes the system may be used, the manner of its use, the amounts
to be paid by the users thereof, the means whereby such amounts shall
be collected and the fines or penalties or both, for any willful or
negligent injury or damage to, or interference with 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 therefore of the Town itself.
(14)
To provide, construct, extend, maintain, manage and control
the plant and system, or plants and systems, for the generating, manufacturing
and distributing of electric current or gas, or both, to the inhabitants
of the Town and for lighting the streets, highways, lanes, alleys,
water courses, parks, lakes, strands, sidewalks, crosswalks. Wharves,
docks, public buildings or other public places in the Town, and to
this end to acquire, lease, erect, construct, maintain, operate, extend,
enlarge, renew, replace, control and dispose of transmission and distribution
lines, pipes, mains and other conveyances for any such current or
gas as may be necessarily proper to light the Town, and to furnish
proper connections for electric current and gas to the properties
of the inhabitants of the Town who may desire the same; to regulate
and prescribe for what private or public purpose the current or gas
furnished by the Town may be used, the manner of its use, the amount
to be paid by the users thereof, the means whereby such amounts are
to be collected and the fines or penalties, or both, for any willful
or negligent injury or damage to or interference with the electric
or gas system or systems of the Town; to furnish or refuse to furnish
electric current or gas from the Town's system or systems, to places
and properties outside the Town limits; and to contract for and purchase
electric current or gas and distribute the same to users within or
without the Town with the same full powers as though such current
or gas had been initially reduced to usefulness by the Town itself.
(15)
To fully control within the Town the drainage of all water and
to that end to alter or change the course and direction of any natural
or man-made water course, runs or rivulets within the Town, to regulate,
maintain, clean and keep the same open, clean and unobstructed, and
to provide, construct, extend and maintain, manage and control a surface
water drainage system and facilities for the health, sanitation and
convenience of the inhabitants of the Town.
(16)
To provide, construct, extend, maintain, manage and control
embankments, or fills for the preservation of any highland within
the limits of the Town and contiguous thereto to the end that the
same may be preserved, property protected that the general public
might enjoy the use thereof.
(17)
To grant franchises or licenses to any responsible person, firm,
association or corporation for such period of time, upon such terms,
restrictions, stipulations and conditions and for such consideration
as the Town Council shall deem in the best interests of the municipality,
to use the present and future streets, highways, lanes, alleys, water
courses, 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, cable, 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 or merchandise or service upon or from any
vehicle upon any present and future street, highway, lane, alley,
etc.; provided that no exclusive franchise or license shall be granted
for any such purpose to any person, firm, association or corporation
whomsoever.
(18)
To regulate and control the exercise of any license or franchise mentioned in Section 2.4 of this Charter, or intended so to be.
(19)
To direct, regulate and control the planning, rearing, treatment
and preserving of ornamental shade trees in the streets, avenues,
highways, parks and grounds of the Town and to authorize or prohibit
the removal or destruction of said trees.
(20)
To direct the digging down, draining, filling up, cleaning,
cutting or fencing of lots, tracts, pieces or parcels of ground in
the Town which may be deemed dangerous or unwholesome or necessary
to carry out any improvements authorized by this Charter.
(21)
To provide for or regulate the numbering of houses and lots
on the streets and the naming of streets and avenues.
(22)
To regulate, control or prevent the use or storage of 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.
(23)
For the prevention of fire and the preservation of the beauty
of the Town, to regulate and control the manner of building or removal
of dwelling houses and other buildings; to establish a Code for the
same and to provide for the granting of permits for the same; to establish
a building line for buildings to be erected; to zone or district the
Town and make particular provisions for particular zones or districts
with regard to building or building material; and generally to exercise
all powers and authorities vested in the legislative body of cities
and incorporated towns under and by virtue of 22 Del.C. Ch. 3 as amended.
(24)
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; provided that
any correctional institution located in Sussex County may be used
for any such purpose.
(25)
To acquire, build, erect and maintain buildings and facilities
necessary or required for housing, storing and or equipping the departments
of the Town.
(26)
To regulate or prevent the use of guns, air guns, spring guns,
pistols, sling shots, beanshooters, and any other devices which may
cause bodily injury or injury or harm to property; and to regulate
or prevent the use of fireworks, bombs and detonating works of all
kinds.
(27)
To provide for the punishment of a violation of any ordinance
of the Town by fine or imprisonment, or both.
(28)
To provide for the organization of a fire department and the
control and government thereof; 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 to any volunteer fire company
or companies incorporated under the laws of the State of Delaware,
or any volunteer fire association or associations maintaining and
operating firefighting equipment and service to the Town; provided
that any such contribution, donation or gift may be made subject to
such conditions and stipulations as to the use thereof as the Town
Council shall deem advisable.
(29)
To purchase, take and hold real and personal property when sold
for any delinquent tax, assessment, water rent, electric bill, gas
bill, license fee, tapping fee, charge growing out of the abatement
of nuisances and the like, laying out and repairing sidewalks, curbs
or gutters, or other charges due the Town and to sell the same.
(30)
To levy and collect taxes for any and all municipal purposes
upon all real estate and improvements located thereon; provided, however,
that the amount to be raised from this source shall not exceed in
any one year the sum of more than ten percent (10%) of the total assessed
value of all taxable real estate and the improvements thereon: and
provided further that there shall be no limitation upon the amount
which may be raised from the taxation of real estate for the payment
of interest on and principal of any bonded indebtedness whether hereinbefore
or hereafter incurred.
(31)
To levy and collect taxes upon all telephone, 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,
power lines or poles and rail lines owned or operated by any railroad
or railway company engaged in Interstate Commerce for any and all
purposes and to this end may at any time direct the same to be included
in or added to the Town assessment. In case the owner or lessee of
such constructions or erections, wires or other appliances shall refuse
or neglect to pay the taxes levied thereon, in addition to the remedies
provided for the collection thereof set forth in Section 5.6.1 of
this Charter, the Town Council shall have the authority to cause the
same to be removed.
(32)
To license, tax and collect fees annually for any and all municipal
purposes (including the cost and expense of advertising the Town)
of such various amounts as the Town Council from time to time shall
fix from any individual, firm, association or corporation carrying
on or practicing any business, profession or occupation within the
limits of the Town; provided, however, that nothing contained herein
shall be so construed as to make it mandatory upon any resident of
the State to apply for a license in order to sell in the Town any
farm produce or products grown upon a farm owned by the vendor or
any member of his family with whom he resides.
(33)
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.
(34)
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.
(35)
To borrow money in the name of the Town for any proper municipal
purpose and in order to secure the payment of the same to issue bonds
or other forms or kinds of certificate or certificates of indebtedness,
pledging the full faith and credit of the Town or such other security
or securities as the Town Council shall select for the payment of
the principal thereof and the interest due thereon, all of which bonds
or other kinds or forms of certificates of indebtedness issued by
the Town shall be exempt from all state, county or municipal taxes;
provided, however that in no event shall the indebtedness of the Town
for any and all purposes at any one time exceed in the seventy-five
percent (75%) of the assessed value of all real estate in the Town
subject to the assessment for the purpose of levying the annual tax
herein before mentioned. Debt which has been advance refunded with
proceeds of the advance refunding sufficient to pay principal and
interest on the debt to the first allowable call date having been
irrevocably deposited in trust with a Delaware bank irrevocably with
instructions to make no investment of the funds deposited other than
in guaranteed or direct obligations of the United States shall not
be counted as indebtedness.
(36)
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 Georgetown by this Charter. Proceedings by way of condemnation in any case shall be as prescribed in 10 Del.C. Ch. 61, as amended.
(37)
To appropriate money to pay the debts, liabilities and expenditures
of the Town, or any part or item thereof, from any fund applicable
thereto, and to transfer temporarily money from one fund to another
fund of the Town in case of emergency.
(38)
To provide for the payment of any tax, fine, penalty, license,
forfeiture, assessment, fee, charge, or other amount due the Town
by the performance of labor or service for the Town by any person
owing the same.
(39)
To inquire into and investigate the conduct of any officer,
agent or employee of the Town or any municipal affair and for such
purpose or purposes may subpoena witnesses, administer oaths or affirmations,
and compel the attendance of witnesses and the production of books,
papers, or other evidence by subpoena.
(40)
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, any deem most appropriate; provided, 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.
(41)
To borrow money in anticipation of revenues on the full faith
and credit of the Town of Georgetown sum or sums not exceeding One
Million Dollars ($1,000,000.00) in any one year when, in the opinion
of a majority of the Town Council of the Town of Georgetown, the needs
of the Town require it. Any sum so borrowed shall be secured by promissory
notes of the Town of Georgetown, duly authorized by Resolution adopted
by the Town Council of the Town of Georgetown, and signed by the Mayor
of the Town of Georgetown and attested by the Secretary of the Town
Council with the corporate seal affixed, and no officer or member
of the Town Council shall be liable for the payments of such notes
because it is signed by them as officers of the Town and is authorized
by the Resolution of the Town Council; provided, however, that the
total sum outstanding at any one time shall not exceed One Million
Dollars ($1,000,000.00); and provided further, that any sum of money
so borrowed, as aforesaid, in any fiscal year, shall be paid from
the general fund of the Town and shall be completely repaid at any
time, but must be completely paid at the end of ten (10) fiscal years
following the first fiscal year when said sum or sums were borrowed,
within interest thereon; and provided that such ad valorem taxes shall
be levied as is necessary to pay the principal or the interest on
said bonds as is required without regard to any other limitation concerning
the maximum rate of taxation and such notes and the interest thereon
shall be exempt from all taxation by the State of Delaware or by any
political subdivision, agency or subdivision thereof.
(42)
To make, adopt and establish all such ordinances, regulations,
rules and by-laws not contrary to the laws of this State and the United
States as the 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.
(43)
The Town Council of the Town of Georgetown, shall have the power
to levy a Realty Transfer Tax as authorized under 22 Del.C.§ 1601
(a) through (c) as amended.
(44)
To impose and collect a lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State, for the occupancy of any room or rooms in a hotel, motel, or tourist home which is located within the boundaries of the Town of Georgetown, under Chapter 61 of Title 30 of the Delaware Code.
[Added by 82 Del. Laws, c. 49]
(c)
All provisions of this Section and any other Section of this Charter limiting the amounts of indebtedness to be incurred or taxes to be levied by the Town Council shall not apply to any indebtedness incurred or any special ad valorem taxes, special taxes, or ad valorem taxes levied pursuant to or in connection with Section 5.10 of this Charter.
(a)
At the second regular meeting of the Town Council following the Annual
Municipal Election, the duly elected officers shall take the Oath
of Office, being sworn or affirmed by a notary public to perform faithfully
and impartially the duties of their respective offices with fidelity
and assume the duties of same office.
(b)
At the annual meeting, held on the second regular meeting following
the Annual Municipal Election, the Town Council shall organize and
elect a Vice-Mayor, who shall hold office for the term of one (1)
year or until his/her successor shall be duly elected. The Town Council
shall likewise select a Secretary from their own number to serve until
the organization meeting after the next Annual Municipal Election.
2.6.1
Meetings. The Council shall meet regularly at least once in every
month at such times and places as the Council may prescribe by rule.
Special meetings may be held on the call of the Mayor or of two (2)
or more Council members and, whenever practicable, upon no less than
twenty-four (24) hours public notice and to each member. Except as
allowed by state law, all meetings shall be public; however, the Council
may recess for the purpose of discussing in a closed or executive
session limited to its own membership, any matter which would tend
to defame or prejudice the character or reputation of any person,
if the general subject matter for consideration is expressed in the
motion calling for such session and final action on such motion is
not taken by the Council until the matter is placed on the agenda.
2.6.2
Rules and Journal. The Town Council shall determine its own rules
and order of business and shall provide for keeping a journal of its
proceedings. This journal shall be a public record.
2.6.3
Voting. Voting, except on procedural motions, shall be by roll call
and the ayes and nays shall be recorded in the journal. Three (3)
members of the Council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the attendance of absent
members in the manner and subject to the penalties prescribed by the
rules of the Council. No action of the Council shall be valid or binding
unless adopted by the affirmative vote of three (3) or more members
of the Council.
2.7.1
Vacancies. The office of a Town Council member shall become vacant
upon the Council member's death, resignation, or removal from office
or forfeiture of office in any manner authorized by law.
2.7.2
Forfeiture of Office. A Town Council member shall forfeit that office
if the Town Council member:
(2)
Violates any express prohibition of this charter,
(3)
Is convicted of any felony or crime involving moral turpitude, or
any crime of dishonesty, or any crime involving fraud, bribery or
embezzlement.
(4)
Fails to attend four (4) consecutive regular meetings of the Council
without being excused by the Council.
2.7.3
Filling of Vacancies. A vacancy in the Town Council shall be filled
for the remainder of the unexpired term, if any, at the next regular
election following not less than sixty (60) calendar days upon the
occurrence of the vacancy, but the Town Council by a majority vote
of all its remaining members shall appoint a qualified person to fill
the vacancy until the person elected to serve the remainder of the
unexpired term takes office. If the Town Council fails to do so within
thirty (30) calendar days following the occurrence of the vacancy,
the election authorities shall call a special election to fill the
vacancy, to be held not sooner than ninety (90) calendar days and
not later than one hundred and twenty (120) calendar days following
the occurrence of the vacancy, and to be otherwise governed by law.
