The fiscal year of the Town shall begin the first day of May
and shall end with the next succeeding thirtieth day of April.
(a)
Annually each year and not later than sixty (60) calendar days prior
to the beginning of the next fiscal year, the Town Manager shall prepare
a rough draft of the Town Budget. From this rough draft, the Town
Council shall, not later than the regular meeting following the presentation
of the rough draft prepared of the Town Budget containing the financial
plan for conducting the affairs of the Town for the ensuing fiscal
year, adopt the budget.
(b)
The budget shall contain the following information:
(1)
An estimate showing the expenses for conducting the affairs
of the Town for the ensuing fiscal year;
(2)
The amount of the debt of the Town, together with the schedule
of maturities of bond issues;
(3)
An itemized statement of all other estimated expenses to be
incurred in the affairs of the Town for the ensuring fiscal year;
(4)
A statement of the amount required for interest on the bonded
debt, the amount necessary to pay any bond maturing during the year
and the amount required for the 'Sinking Fund' or 'Sinking Funds';
(5)
An estimate of the amount of money to be received from taxes,
water rents, sewer service charges, front foot assessments, license
fees and all other anticipated income of the Town from any source
or sources whatsoever.
(c)
The Town Council shall, so far as possible, adhere to the budget
so adopted in the making of appropriations.
Annually in the month of June the Town Council shall have the
finances of the Town and books and accounts of the Town Manager and
the Controller/Treasurer audited by a certified accountant. As soon
as practicable after such audit has been completed, the Council shall
cause to be made and publish a report of the Town's finances for the
preceding fiscal year.
(a)
All contracts for the purchase of materials or for the furnishing
of services authorized or permitted by this Charter shall be accomplished
by competitive bidding and the awarding of contracts to the lowest
responsible bidder who submits a responsive bid; provided, however,
that competitive bidding shall not be required in any of the following
circumstances:
(1)
The aggregate amount involved is not more than Ten Thousand
Dollars ($10,000);
(2)
The purchase or contract is for any service rendered by a University,
college or other educational institution;
(3)
The purchase or contract is for any service to be rendered by
the State of Delaware or any political subdivision;
(4)
The purchase or contract is for property or services for which
it is impracticable to obtain competition;
(5)
The public exigency, as determined by the Town Council, will
not permit the delay incident to advertising;
(6)
The materials to be purchased are to be used to complete a project
under the supervision of the Town Manager;
(7)
The purchase or contract is for property or services for which
the Town Council determines the prices received after competitive
bidding are unreasonable as to all or part of the requirement or not
independently reached in open competition;
(8)
A public emergency as determined by the Town Council exists;
(9)
The purchase or contract is for property for which the distance
involved or other factors in order to have maintenance performed,
as determined by the Town Council, are unreasonable.
(10)
Employee contracts are excluded from provisions of this Section.
(b)
Notwithstanding the foregoing provisions of this Section 5.4 and without complying with the competitive bidding procedures described above, the Town Council of the Town of Georgetown may enter into any contract necessary or desired in connection with a special development district or tax increment financing district created or designated by the Town Council of the Town of Georgetown pursuant to Section 5.10 of this Charter except a contract in which the Town Council of the Town of Georgetown is directly contracting for the procurement of the labor or material for public improvements for the benefit of such district, provided that the foregoing exception shall not apply to development or similar type contracts between the Town Council of the Town of Georgetown and an owner of real property in such district when the contract is generally for the transfer by the owner to the Town Council of the Town of Georgetown of the work performed and the cost of labor or material provided by such owner for the benefit of such district.
(c)
It shall be unlawful for the Town Council to make or enter into any
contract in excess of Five Hundred Dollars ($500) for materials, supplies,
services, work or labor, for the benefit and use of the Town of Georgetown
with the Mayor or any Ward member of the Town Council or with any
partnership in which the Mayor or any Ward member of the Town Council
is a General Partner, or with any corporation which the Mayor or any
Ward member of the Town Council is a director or controlling stockholder,
or with any firm or company in which the Mayor or any Ward member
of the Town Council is pecuniarily interested, provided that if all
the remaining elected members of the Town Council shall vote to enter
into such contract, then the Town may enter into such a contract.
The Mayor or any member of the Town Council with any interest in such
contract shall recuse themselves from the discussion and vote. Any
such contract executed without such vote shall be absolutely null
and void.
5.5.1
Adoption of Sussex County Assessments. Unless the Town Council shall
make its own independent assessment and valuation, the Town Council
shall use the assessments of Sussex County for any or all property
located within the corporate limits of the Town of Georgetown, anything
herein to the contrary notwithstanding. The assessed values established
by Sussex County for the then-current tax year shall be conclusive
for purposes of levying Town taxes, and the Town Council shall have
no authority to hear appeals regarding same. Town Council shall elect
to adopt the Sussex County Assessments no later than April 1 of each
year.
5.5.2
Additions to Tax Bill. The Town Council may annually, prior to the
posting of the assessment list, by resolution, provide for the Town
Manager a list of any and all charges, costs or other assessment owed
to the Town, which list of charges incurred shall include, but not
limited to, the following: water bond sinking fund assessments, sidewalk
assessments, curb and gutter assessments, water assessments, weed
and grass cutting bills, trash collection bills, past due water rents
and/or past due charges for sanitary sewer service.
5.5.3
Assessment and Taxation of Gas Mains, Telephone, Telegraph, and Power
Poles and Appurtenances. The Town Council shall have the right to
levy and collect on gas mains, telephone, telegraph and power poles
or other erections of like character within the limits of the Town,
together with wires and appurtenances thereto or thereon attached,
and to this end may at any time direct the same to be included in
or added to the Town assessment.
5.5.4
Supplemental Tax Billing. In the event that the Town Council of the Town of Georgetown desires to collect and levy taxes on newly constructed property not taxed by virtue of the annual assessment, the Town Council may do so provided that: Semi-annually, there shall be an increase in the valuation and assessment of all newly constructed real property within the Town, locating each parcel of real property by street and number or other description. Property shall be deemed to be newly constructed when the Town permits occupancy and use (certificate of occupancy) or when new construction is being used or occupied for its intended purpose. The said valuation and assessment shall be made in accordance with the provisions set forth in Section 5.5.1 of this Charter. The aforementioned assessment shall be during the month of October of each year. Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment made prior to the approval of this section or any tax levied thereunder.
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All taxes shall be paid to the Town of Georgetown. Said taxes
shall be paid within 30 calendar days of billing and those taxes not
paid shall accrue a penalty in the amount of five percent (5%) per
month. For every tax that is not paid as prescribed herein, the Town
Manager shall have all the powers conferred upon or vested in the
Director of Treasury for Sussex County. The Town Council shall have
the authority to allow errors and delinquents in the assessment.
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5.6.1
Tax Levy. The first regular meeting in the last month of the fiscal
year, after having revised and completed the assessment, the Town
Council shall determine, in its best judgment and knowledge, the total
amount necessary to be raised by the Town to meet the fixed and anticipated
expenses and obligations of the Town, including reasonable and appropriate
reserves for the then current fiscal year as set forth in the Town
budget for such year plus a reasonable amount to cover anticipated
expenses and emergencies.
5.6.2
Real Property Taxes. The rate of tax on real estate including improvements
thereon per One Hundred Dollars ($100) of the assessed value.
5.6.3
Utility Fixtures. The rate of tax upon all gas mains, poles, construction,
erections, wires and appurtenances per One Hundred Dollars ($100)
of the assessed value.
5.6.5
Validity. Nothing contained in this Charter shall be construed to
affect or impair in any way the validity of any tax, fee, assessment
or other charge lawfully levied, assessed or due the Town of Georgetown
under the existing laws in reference to said Town and the same are
hereby declared to be valid, binding and vested in the Town of Georgetown
created hereby.
5.7.1
Collection by Town Manager. The Town Manager shall be responsible
for the collection of taxes hereunder.
5.7.2
Lien. All taxes (and municipal charges) so laid or imposed by the Town shall be and constitute a lien, for a period of ten (10) years from the date so levied, upon the real estate against which such taxes are laid and imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any taxes so levied. Subject to the provisions of 25 Del.C. Ch. 29, as amended, or in accordance with the provisions of any future corresponding provisions of law, such lien shall have preference and priority to all other liens on such real estate as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and date prior to the time of the attaching of such lien for taxes.
5.7.3
Due Date. All taxes shall be due and payable as established under Section 5.7.4. All taxes shall be paid to the Town of Georgetown. All taxes, when and as collected by the Town Manager, shall be paid to or deposited to the credit of the Town of Georgetown, in federally-insured banking institutions approved by the Town Council.
5.7.4
Collection of Delinquent Taxes. It shall be the duty of the Town Manager to proceed forthwith to collect all taxes together with penalties and costs (all hereinafter 'delinquent taxes') unpaid a year and a day after due. In the collection of said delinquent taxes, the Town Manager of the Town of Georgetown shall have all of the powers and authority conferred upon or vested in the Director of Treasury for Sussex County as set forth in 9 Del.C. Ch. 87 as amended, (or in accordance with any future corresponding provision of law). Except as otherwise expressly stated herein, the provisions of 25 Del.C. Ch. 29, as it may from time to time hereafter be amended, (or in accordance with any future corresponding provision of law) shall be deemed and held to apply to all taxes levied and imposed under the provisions of this Charter.
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The Town Council shall have the power to make allowances for
delinquencies in the collection of taxes.
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(a)
In the collection of any charges due the Town including but not limited
to water rentals, sewer service charges, electric bills, gas bills,
license fees, tapping fees, front foot assessments, charges growing
out of the abatement of nuisances, laying out and repairing paving,
graveling, curbing, or any of them, shall become a first lien against
all real estate of the delinquent property owners situated within
the Town and such charges shall have preference and priority for a
period of ten (10) years from the date the charge became due and owing
to all other liens on real estate created or suffered by the taxable
and property owner, although such other lien or liens be of a date
prior to the time for the attaching of such liens for such charges.
(b)
The remedies available to the Town Manager for the collection of
such charges shall be the same as those set forth in this Charter
for the collection of delinquent taxes.
(a)
The Town Council may borrow money and issue bonds or certificates
of indebtedness to secure the repayment thereof on the faith and credit
of the Town of Georgetown to provide funds for the erection, extension,
enlargement, purchase or the repair of any plant, machinery, appliances,
or equipment for the supply, or the manufacture and distribution of
electricity or gas for light, heat or power purposes; for the furnishing
of water to the public, for the construction, repair and improvements
of highways, streets or lanes or the paving, curbing or erection of
gutters and curbs along the same; for the purchase of real estate
for any municipal purpose; for the construction or repair of sewage
disposal equipment; or to defray the cost or the share of the Town
of the costs of any permanent municipal improvements; provided, however,
that the borrowing of money therefore shall have been authorized for
the Town Council in the manner following:
(1)
The Town Council by Resolution shall propose to the residents
and property owners of the Town that the Town Council proposes to
borrow a certain sum of money for any of the purposes above stated.
The Resolution shall state the amount of money desired to be borrowed,
the purpose for which it is desired, the manner of securing the same,
and all other pertinent facts relating to the loan which are deemed
pertinent by the Town Council and in their possession at the time
of the passage of the Resolution and shall fix a time and place for
a hearing on the said Resolution.
(2)
Notice of the time and place of the hearing on the Resolution
authorizing said loan shall be printed in a newspaper having a general
circulation in the Town or distributed in circular form at least one
week before the time set for the public hearing.
(3)
Following the public hearing, a second Resolution shall then
be passed by the Town Council ordering a Special Election to be held
not less than thirty (30) calendar days nor more than sixty (60) calendar
days after the said public hearing to borrow the said money, the said
Special Election to be for the purpose of voting for or against the
proposed loan. The passing of the second Resolution calling a Special
Election shall be considered the determination of the Town Council
to proceed with the matter in issue.
(4)
The notice of the time and place of holding the said Special
Election shall be printed in two (2) issues of a newspaper having
a general circulation in the Town of Georgetown within thirty (30)
calendar days prior to the said Special Election and/or distributed
in circular form at least fifteen (15) calendar days prior to the
Special Election, or both, at the discretion of the Town Council.
(5)
At the said Special Election, every bona fide resident of the
Town of Georgetown shall have one vote and, in addition, every person,
partnership or corporation owning property within the corporate limits
of the Town of Georgetown shall also have one vote and the said votes
may be cast either in person or by absentee ballot.
(6)
The Town Council shall cause to be prepared, printed and have
available for distribution a sufficient number of ballots not less
than five (5) calendar days prior to the said Special Election. The
Special Election may, at the discretion of the Town Council, be conducted
by the use of voting machines or by paper ballot. The Mayor of the
Town of Georgetown, by and with the advice and consent of the majority
of the Town Council shall appoint three (3) persons to act as a Board
of Special Election. The polling place shall remain open for not less
than six (6) hours, the times to be determined by the Town Council
on the date set for the Special Election.
(7)
The Special Election shall be held according to all applicable criteria prescribed in Section 3.4.4 (4) and (5) of this Charter. The Board of Special Election shall operate according to all applicable criteria prescribed for a Board of Elections contained in Section 3.4.4 (6) through (11) of this Charter. No action to challenge the results of the Special Election may be filed after the expiration of thirty (30) calendar days from the date the Special Board of Election announces the results of the Special Election.
(8)
The form of the bond or certificate of indebtedness, the interest
rate, the time or times of payment of interest, the classes of the
bond, the time or times of maturity, and the provisions as to registration
shall be determined by the Town Council after the said Special Election.
(9)
The bonds may be sold at either public or private sale. If it
is determined to sell the bonds at public sale, they shall be offered
for sale to the best and most responsible bidder therefore after advertisement
in a manner to be described by the Town Council.
(10)
Town Council shall provide in its budget and in the fixing of
the rate of tax for the payment of interest on and principal of the
said bonds at the maturity thereof.
(11)
The faith and credit of The Town of Georgetown shall be deemed
to be pledged for the due payment of the bonds and interest thereon
issued pursuant to the provisions hereof when the same had been properly
executed and delivered for value.
(b)
The bonded indebtedness shall not at any time exceed in the aggregate
the total sum of seventy-five percent (75%) of the assessed value
of real property situate within the limits of the Town of Georgetown
shown by the last assessment proceeding the creation of the said indebtedness.
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.
(c)
Notwithstanding the foregoing provisions of this Section, The Town Council, after conducting a public hearing, may authorize the issuance of bonds, certificates of indebtedness, notes or other obligations of the Town under this Section in an aggregate amount of up to $5,000,000 outstanding at any time, without regard to the requirements set forth in paragraphs (3) - (8) of Section 5.9 (a), if: (i) the funds to be borrowed are from a Federal or State source; (ii) the interest rate on such borrowing is fixed at zero (0%) percent; (iii) the borrowing comes with one hundred (100%) percent forgiveness of principal upon successful completion of the project financed with funds borrowed pursuant to this paragraph (c); and (iv) the Town Council, by Resolution (adopted by at least a majority of all of the members of Town Council) approves of the issuance of bonds, certificates of indebtedness, notes or other obligations pursuant hereto for a proper municipal purpose with such Resolution stating the amount of such issuance, or borrowing, the purpose of such issuance or borrowing, the manner, if any, of securing the same, that the amount of all other bonds, certificates of indebtedness, notes and other obligations issued pursuant to this paragraph (c) does not exceed $5,000,000 and any other facts relating to the issuance which are deemed pertinent by the Town Council and in its possession at that time. Except for the provisions of paragraphs (3) - (8) of Section 5.9 (a), all other provisions of this Section 5.9, if not in conflict, shall be applicable to the bonds, certificates of indebtedness, notes and other obligations issued pursuant to this paragraph (c).
In addition to all other powers the Town Council may have, and notwithstanding any limitation of law, the Town Council shall have all powers and may undertake all actions for the purposes set forth in, and in accordance with 22 Del.C. Ch. 17, relating to the Municipal Tax Increment Financing Act, and 22 Del.C. Ch. 18, relating to Special Development Districts.
