(a)Â
The Town Council shall have the power and authority to lay out, locate
and open new streets or to widen and alter existing streets or parts
thereof and to vacate or abandon streets or parts thereof, whenever
the Town Council shall deem it for the best interest of the Town.
The jurisdiction of the Town Council under this Section shall be concurrent
with the jurisdiction of the Superior Court of the State of Delaware
to vacate public roads, bridges and all of the right-of ways pursuant
to 17 Del.C. Ch. 13, or any other similar statutory provision.
(b)Â
The procedure to be used for any of those things heretofore listed
in this Section shall be as follows:
(1)Â
Whenever five (5) or more property owners in a portion of the
Town directly affected or abutting on the proposed street to be opened,
laid out, changed, altered, widened, vacated or closed shall by written
petition with each signature duly acknowledged request the Town Council
to lay out, locate, or open a new street or to widen or alter any
existing street or any part thereof or to vacate or abandon a street
or any part thereof, the Mayor of the Town of Georgetown shall appoint
a committee composed of not less than three (3) of the elected members
of the Town Council to investigate the possibility of changing the
structure of said streets in the Town. The petition presented to the
Council by the property owners shall include a description of the
property through which the proposed street shall be laid out or description
of the street on which any of the other actions heretofore described
shall take place and the reasons why the change in the structure of
the streets of the Town should be undertaken; or the Town Council,
by a majority vote of the elected members thereof may, by resolution,
propose that a committee composed of not less than three (3) of its
elected members be appointed by the Mayor to investigate the possibility
of changing the street structure of the Town.
(2)Â
Not later than ninety (90) calendar days following its appointment,
the committee shall submit a report concerning its findings to the
Mayor and to the Town Council. The report shall contain the advantages
and disadvantages to the Town caused by the changes of the street
structure and shall contain the conclusion of said committee either
recommending or disapproving the change of said street structure.
If the report of the committee appointed by the Mayor recommends changing
the existing street structure of the Town of Georgetown, the Council,
by Resolution, passed by a majority of the elected members of the
Town Council concurring therein, shall propose to the property owners
and citizens of the Town that the Council proposes to change the street
structure by opening a new street or by doing any of those things
herein before described to the existing street structure of the Town.
If the report of the committee appointed by the Mayor is not in favor
of changing the existing street structure of the Town of Georgetown,
the Resolution proposing the change in the street structure to the
property owners and citizens of the Town of Georgetown shall be passed
by a majority of three-fourths (3/4ths) of the elected members of
the Town Council. The Resolution shall contain a description of the
proposed change and shall affix a time and place for a public hearing
on the matter of changing the street structure. The Resolution adopted
by the Town Council shall be printed in a newspaper having a general
circulation in the Town of Georgetown, or, in the discretion of the
Town Council, the Resolution shall be posted in five (5) public places
in the Town for at least one (1) week before the time set for the
public hearing. The notice shall be published at least one (1) week
prior to the date set for the said public hearing. The Resolution
shall also state the hour and place where and when the Town Council
shall sit to hear objections and to award just and reasonable compensation
to anyone who will be deprived of property by the proposed change
in the existing street structure of the Town.
(3)Â
Whenever the Town Council shall have determined to locate or
lay out or widen any street, lane or alley and shall have affixed
compensation therefore, it shall be the duty of the Town Council immediately
after the survey and location of said street, lane or alley, to notify
by certified mail with return receipt requested and postage prepaid
the owner or owners of the real estate through or over whom such street,
lane or alley may run of their determination to open or widen the
same and to furnish a general description or location thereof; also
the amount of compensation or damages allowed to reach such property
owner, and if such owner be not a resident of the Town, to notify
the holder or tenant of said real estate and the owner of such property
if the owner's address be known; that there be no holder or tenant
resident in said Town and the address of the owner be unknown or if
there is a holder or tenant and the address of the owner is unknown,
the said notice may be affixed to any part of the premises. If the
owner be dissatisfied with the amount of compensation or damages allowed
by the Town, as aforesaid, said property owner may, within fifteen
(15) calendar days after such notice, as aforesaid, was posted or
mailed, appeal from written notice of assessment or compensation or
damages by serving written notice by certified mail with return receipt
requested and postage prepared, on the Mayor of the Town to the effect
that he or she is dissatisfied with the amount of such compensation
or damages, and that it is his or her intention to make written application
to one of the Judges of the Superior Court of the State of Delaware
in and for Sussex County, for the appointment of a commission to hear
and determine the matter in controversy; and in order to prosecute
said appeal, such owner shall, within fifteen (15) calendar days after
serving said notice upon the Mayor as aforesaid, make written application
to said Judge of the Superior Court of the State of Delaware, in and
for Sussex County, for the appointment of such a commission; and thereupon
the said Judge shall issue and appoint a commission directed to five
(5) property owners of said county, three (3) of whom shall be residents
of the Town of Georgetown, and two (2) of whom shall be nonresidents
of said Town, requiring them to assess the damages which the owner
of the real estate through or over which the said street, lane or
alley shall pass or who shall have suffered damage because of any
other action taken by the Town pursuant to the provisions hereof and
who shall have notified the said Town Council of their intention to
appeal may incur by reason thereof and to make a return of their proceeding
to the said Judge at the time therein appointed.
(4)Â
The property owners named in such commission, being first duly
sworn or affirmed, shall view the premises and may, or a majority
of them, shall assess the damages, as aforesaid, and shall make return
in writing of their proceedings to the said Judge who shall deliver
and return to the Town Council which shall be final and conclusive.
The said Judge shall have the power to fill any vacancy in the commission.
The amount of damages being so ascertained, the Town Council may pay
or tender the same to the person or persons entitled thereto within
thirty (30) calendar days after the same shall be finally ascertained
or if the person or persons so entitled reside out of or are absent
from the Town during the said period of thirty (30) calendar days,
then the same shall be deposited to his or her credit in any bank
or trust company, with offices in Georgetown, Sussex County, Delaware,
within said time and thereupon the said property or lands may be taken
or occupied for the use as aforesaid.
(5)Â
If the ascertainment and assessment of damages by the property
owners appointed by the Judge, as aforesaid, shall be increased, the
cost of the appeal shall be paid by the Town out of any money in the
hands of the Town Manager belong to the Town, but if said damages
shall not be increased, the cost of the appeal shall be paid by the
party appealing. The said property owners members of the commission
shall receive and be entitled for each day's actual service or of
any part of a day the reimbursement of reasonable expenses. After
the damage shall be fixed and ascertained by the property owners,
the Town Council shall have the option to pay the damages assessed
within the time aforesaid, and to proceed with the said improvements
or, upon the payment of the costs only, may abandon the proposed improvements.
In the event that either party feels that the damages assessed are
not just as being excessive or inadequate, an appeal may then be prosecuted
at the Supreme Court of the State of Delaware.
(a)Â
Whenever the Town Council shall have determined that any paving,
graveling, curbing, or any or all of them shall be deemed necessary
in order to maintain public health and or public safety, it shall
cause a notice to be sent to the property owner or owners along or
in front of whose premises the same is to be done, particularly designating
the nature and character thereof and thereupon it shall be the duty
of such property owner or owners to cause such paving, graveling,
and/or curbing, or any of them, to be done in conformity with said
notice. In the event any property owner or owners neglect to comply
with said notice for the space of thirty (30) calendar days, the said
Town Council may proceed to have the same done and when done, the
Town Manager shall, as soon as convenient thereafter, present to the
property owner or owners of such lands a bill showing expenses of
such paving, graveling, and curbing, or any of them. If such property
owner or owners be not residents in the Town of Georgetown, such bills
shall be sent by certified mail with postage prepaid or to such property
owner or owners directed to him, her or them at the last known address.
If such bill be not paid by the property owner or owners of such lands
within sixty (60) calendar days after the presentation thereof, as
aforesaid, the Town Manager shall proceed to collect the same in the
same manner and under the same terms and conditions as are provided
for the collection of delinquent taxes.
(b)Â
Any notice sent to one co-owner shall be notice to all property owners
and in the case of no property owners shall reside in said Town, notice
served as set forth herein or posted upon the premises shall be sufficient.
(c)Â
The provisions contained herein shall apply to any order made by
the Town Council in respect to any pavement, sidewalk or curb heretofore
made or done which the said Town Council may deem insufficient or
need repairing.
No action, suit or proceeding shall be brought or maintained
against the Town of Georgetown for damages, either compensatory or
punitive on account of any physical injury to property by reason of
the negligence, simple, gross, or willful or wanton of the said Town
of Georgetown, or any of its departments, officers, agents, servants
or employees unless the person by or on behalf of whom such claim
or demand is asserted, within one (1) year from the happening of said
injury or the suffering of such damages shall notify the Town of Georgetown
in writing of the time, place, cause, character and extent of the
injury sustained or damages suffered. Such notice shall be directed
to the Mayor of the Town of Georgetown by certified mail with return
receipt requested and postage prepaid.
It shall be the duty of the Town Council, at reasonable time
or times, to compile the ordinances, current regulations, orders and
rules of the Town of Georgetown. The Town Council shall have a reasonable
number of copies printed for the use of the officials of the Town
and for public information. From time to time, upon the enactment
of new ordinances, current rules and regulations, or upon the enactment
of amendments to same, the Town Council shall enroll the same in the
minutes of the Town Council and shall keep copies of the same in a
book to be provided for the purpose so that the same may be readily
examined. It shall furnish the Mayor of the Town of Georgetown copies
thereof as they are enacted as therefrom any cause supplements to
be compiled and printed to any compendium thereof heretofore printed
as above provided.
(a)Â
All powers conferred upon or vested in the Town Council of the Town
of Georgetown by any act or law of the State of Delaware not in conflict
with the provisions of this Charter are hereby expressly conferred
upon and vested in the Town of Georgetown and/or the Town Council
of the Town of Georgetown precisely as if each of said powers was
expressly set forth in this Charter.
(b)Â
All ordinances adopted by the Town Council of Georgetown and in force
at the time of approval, acceptance and going into effect of this
Charter are continued in force until the same or any of them shall
be repealed, modified or altered by the Town Council of the Town of
Georgetown under the provisions of this Charter.
(c)Â
All of the acts and doings of the Town Council of Georgetown or of
any official of the Town Council of Georgetown which shall have been
lawfully done or performed under the provisions of any law of this
State or of any ordinance of the Town Council of Georgetown or under
any provision of any prior Charter of the Town Council of the Town
of Georgetown, prior to the approval, acceptance and going into effect
of this Charter, are hereby ratified and confirmed, unless otherwise
provided herein.
(d)Â
All taxes, assessments, license fees, penalties, fines, and forfeitures
due the Town Council of Georgetown shall be due the Town of Georgetown
and all debts due from the Town Council of Georgetown shall remain
unimpaired until paid by the Town of Georgetown.
(e)Â
All powers granted by this Charter in respect to the collection of
taxes, license fees, assessments or other charges shall be deemed
to apply and extend to all unpaid taxes, license fees, assessments
or other charges heretofore lawfully imposed by the Town Council of
Georgetown.
(f)Â
The bonds given by or on account of any official of the Town Council
of Georgetown shall not be impaired or affected by the provisions
of this Charter.
(g)Â
All acts or parts of acts inconsistent with or in conflict with the
provisions of this Charter be and the same are hereby repealed to
the extent of any such inconsistency.
(h)Â
If any part of the Charter shall be held to be unconstitutional or
invalid by a Court of competent jurisdiction, such holding shall not
be deemed to invalidate the remaining provisions of this Charter.
(i)Â
This Charter shall be taken as and deemed to be a Public Act of the
State of Delaware.
