[HISTORY: Approved by the State of Delaware 3-26-2008; amended in
its entirety 7-17-2017 by 81 Del. Laws c. 70. Subsequent amendments
noted where applicable.]
The inhabitants of the Town of Milton within the corporate limits
as hereinafter defined in this Charter or as extended as hereinafter
provided are hereby declared to be a body politic incorporated in
law and equity and shall be able and capable to sue and be sued, plead
and be impleaded, answer and be answered, defend and be defended in
all courts of judicature whatsoever by the corporate name of "The
Town of Milton."
[Amended 9-15-2021 by 83 Del. Laws c. 157]
The boundaries and limits of the Town of Milton are hereby established
and declared to be as set forth in the revised Town Map dated January
15, 2021, which is included as Appendix A and of record in the Recorder
of Deeds Office for Sussex County, presently existing and as hereafter
amended.
The Mayor and Town Council may, at any time hereafter, cause
a survey and plot to be made of the said boundaries and may cause
suitable markers to be installed at corners of offset, and the said
plot, when made and approved by the Mayor and Town Council, shall
be recorded in the Office of the Recorder of Deeds in and for Sussex
County, State of Delaware, and the same, or the record thereof, or
a duly certified copy of said record shall be evidence in all courts
of law and equity in the State.
[Amended 9-15-2021 by 83 Del. Laws c. 157]
If it becomes feasible, or necessary in the future, for The
Town of Milton to enlarge its then existing limits and territory,
annexations accomplished under the following procedures are lawful:
(a)
Each and every property owner seeking annexation of territory contiguous
to the then existing corporate limits and territory of the Town of
Milton, by written petition with the signature of each property owner
duly acknowledged, shall request the Mayor and Town Council to annex
that certain territory in which the property owner owns property.
(b)
The annexation petition under paragraph (a) of this section must
include a description of the territory requested to be annexed, a
current survey, and the reasons for the requested annexation. If the
annexation petition or annexation agreement is requesting a zoning
classification other than R-1, a conceptual site plan is required.
A property owner seeking annexation shall notify all residents within
200 feet of any boundary of the territory for which the property owner
is seeking annexation at the property owner's expense and provide
copies of the notification to the Town Manager or designee.
(c)
If the Town Manager or designee verifies the notifications provided
under paragraph (b) of this section, the Mayor of the Town of Milton
shall appoint a 3 member Special Review Committee to investigate the
possibility of annexation and report back to the Mayor and Town Council
in no more than 90 days, unless evidence is presented that indicates
misinformation or possible criminal intent. In that case the Mayor
and Town Council may extend the reporting time for a fixed period
to fully investigate the allegations, or if the 90-day period is extended
under paragraph (e) of this section. Before beginning work on the
report, the members of the Special Review Committee must have been
voted upon and approved by a majority of the Mayor and Town Council.
The Special Review Committee shall consist of 2 members of the current
Town Council and 1 member of the current Planning and Zoning Commission,
none of whose terms expire for the expected duration of the business
for which the Special Review Committee is appointed.
(d)
Before appointment, each individual under consideration for appointment
shall disclose to the Mayor or the Town of Milton Integrity Commission,
if such Commission exists within the Town, in writing, any real or
potential conflicts of interest that may affect the individual's own
objective consideration of the annexation petition request, including
items that may suggest, or provide the appearance of, impropriety
in the individual's serving on the Special Review Committee for an
annexation petition. This requirement is to include conflicts, or
potential conflicts as to the property, the property owners, financial
or associated business interests, or any other official action or
activity, involving the property. This information is in addition
to filling out an Ethics Form, established by the Mayor and Town Council.
A conflict or appearance of conflict does not automatically disqualify
an individual from serving on the Special Review Committee, but must
be fully disclosed, in writing, for consideration before appointment.
(e)
On the majority vote of the Mayor and Town Council approving each
appointee to the Special Review Committee, the Special Review Committee
is to begin work immediately to prepare a written report of the Special
Review Committee's findings within 90 days, unless this period is
extended for due cause.
(f)
The assessment by the Special Review Committee must consider the
positive and negative impacts on the capacities and qualities of the
Town of Milton's town systems and services, the impact on Milton taxpayers,
and other elements, as determined necessary by the Mayor and Town
Council in consultation with the Town Manager or designee. By a two-thirds
vote approval by the Mayor and Town Council of the majority present,
the Mayor and Town Council must determine if a cost/benefit analysis
is to be prepared so as to further identify the advantages and disadvantages
to the Town of Milton with regard to the annexation. The Special Review
Committee may utilize the staff of the Town of Milton to assist in
the conduct of the Special Review Committee's investigation as to
the annexation advantages and disadvantages. The report must include
a listing of the advantages and disadvantages of the annexation petition.
On or before the end of the reporting period, the Special Review Committee
must report back to the Mayor and Town Council, and include the Special
Review Committee's conclusions as to the advantages and disadvantages
to the Town of Milton of the annexation petition, the interest of
the Town of Milton being the sole concern of the Special Review Committee.
All meetings of the Special Review Committee must comply with the
Freedom of Information Act, Chapter 100 of Title 29 of the Delaware
Code.
(g)
On receipt of the Special Review Committee's report, the Mayor and
Town Council shall vote to accept the report, reject the report, or
refer it back to the Special Review Committee to accommodate new information.
If referred back to the Special Review Committee, the report must
be resubmitted to the Mayor and Town Council by the Special Review
Committee at the next regularly scheduled meeting of the Mayor and
Town Council and a vote must then be taken. If referred back to the
Special Review Committee, the Mayor and Town Council must first vote
to extend the due date of the report to the next regularly scheduled
meeting of the Mayor and Town Council. If the report to the Mayor
and Town Council on the annexation determines that the proposed annexation
is advantageous to the Town of Milton, the Mayor and Town Council
shall vote on the recommendation. If the Mayor and Town Council accept
the report, then the Mayor and Town Council shall vote to refer the
annexation petition to the Planning and Zoning Commission at the Commission's
next duly noticed meeting. Referral of the annexation petition requires
a simple majority vote of the Mayor and Town Council.
(h)
If the Special Review Committee concludes that the proposed annexation
is disadvantageous to the Town of Milton, or if the Mayor and Town
Council reject a report from the Special Review Committee that determined
the proposed annexation is advantageous to the Town, the annexation
petition is deemed rejected. In such a case, the property owner seeking
annexation must wait 6 monthsfrom the date of the presentation to
the Mayor and Town Council by the Special Review Committee before
again petitioning the Mayor and Town Council for annexation. The procedures
of this section apply to a property owner whose annexation petition
is denied under this paragraph. The 6 month waiting period does not
apply to a substantially different annexation petition.
(i)
On receipt of the Mayor and Town Council's referral of the annexation
petition to the Planning and Zoning Commission, the Commission shall
consider and discuss the annexation request at its next duly noticed
meeting and shall review the annexation petition and conceptual site
plan, if required, including the zoning classification requested by
the property owner seeking annexation. After not more than 60 days
the Planning and Zoning Commission shall make a recommendation on
the zoning classification and transmit the recommendation and the
Commission's comments on the annexation petition and the conceptual
site plan, if required, in writing, back to the Mayor and Town Council.
(j)
(1)
At the
Mayor and Council's next duly noticed meeting, following the Mayor
and Town Council's receipt of the Planning and Zoning Commission's
report on the annexation petition, conceptual site plan, if required,
and recommendation for the zoning classification, the Mayor and Town
Council shall schedule a public hearing on the annexation petition.
The public hearing must be held not more than 30 days after the meeting
at which the Mayor and Town Council consider the Planning and Zoning
Commission's report.
(2)
Following
the public hearing under paragraph (j)(1) of this section, the Mayor
and Town Council shall, within 30 days do one of the following:
(A)
Take
a final vote on whether or not to approve the annexation request,
in which case the vote to annex must pass by the affirmative vote
of two-thirds of all the members of the Mayor and Town Council present
and voting.
(B)
Vote
by simple majority, to hold a Town of Milton town-wide referendum
on the annexation petition.
(3)
The Mayor
and Town Council may add conditions to the terms of annexation, by
simple majority vote, before the final vote on the annexation petition.
(4)
If the
Mayor and Town Council vote to accept the annexation petition, implementation
of this decision must wait 30 days, during which the citizenry of
Milton have up to 30 days to file a petition with the Town Manager
or designee requesting that a referendum be held on the Town Council's
decision to annex.
(5)
The petition
for referendum must include over 10% of Milton's registered voters.
The referendum must be held within 45 days following the filing of
the petition for referendum with the Town Manager or designee.
(k)
If a referendum on a petition for annexation is to be held, the Mayor
and Town Council shall instruct the Town Manager or designee to schedule
a special referendum on the annexation petition. If the Mayor and
Town Council vote in favor of a referendum, the Mayor and Town Council
shall order that a special referendum vote be scheduled no later than
45 days after the Mayor and Town Council's vote. The annexation petition
must be passed by a majority vote of the citizens of the Town of Milton
who voted, and results of the referendum vote are binding.
(l)
At a special referendum, every non-resident property owner, whether
an individual, partnership, or an artificial entity, in The Town of
Milton has 1 vote. Every resident citizen of The Town of Milton over
the age of 18 years whether a property owner or not has 1 vote. The
books and records of The Town of Milton in the case of non-resident
property owners, and a copy of the required personal identification
in the case of resident citizens of the Town, are conclusive evidence
of the right of the property owners and citizens to vote at the special
referendum. A single eligible person or entity may not enter more
than 1 vote, even if the person or entity qualifies to vote under
more than one of the applicable criteria. The votes in the special
referendum may be cast either in person or by absentee ballot. The
Board of Election of the Town of Milton shall supervise any special
referendums held under this Charter.
(m)
The notice of the time and place of a special referendum must be
provided as follows within 15 days immediately following the vote
or petition to hold a special referendum and at least 15 days before
the date set for the special referendum:
(n)
Following the 30 day hold period to accommodate the filing of a petition
for a referendum under paragraph (j)(4) of this section, if a petition
is not filed, and if the Mayor and Town Council have cast a favorable
vote for annexation, the Mayor and Town Council shall cause a description
and a plot of the territory annexed to be recorded in the Office of
the Recorder of Deeds, in and for Sussex County. The recordation must
be completed within not more than 120 days following the date of the
final favorable vote by the Mayor and Town Council or, in the case
of a special referendum, within not more than 120 days after the special
referendum. The territory considered for annexation is a part of The
Town of Milton from the time of recordation. The failure to record
the description or the plot within the specified time causes the annexation
petition to be tabled. Failure to achieve recordation in the 120 day
period requires the Mayor and Town Council to vote again on the annexation
petition, whether or not the Mayor and Town Council, or qualified
voters of Milton in a referendum, have voted on the annexation petition.
(o)
All territories proposed to be annexed, including those territories
as defined by Title 22 of the Delaware Code as exempt from taxation,
or which are not assessed on the books on the Board of Assessment
of Sussex County, are required to follow all the processes and procedures
required for annexations to the Town of Milton. The Mayor and Town
Council and the Milton Planning and Zoning Commission must proceed
in the same manner as required of any annexation petition with the
exception of those parcels 2 acres or less. Parcels 2 acres or less
must comply with Section 3A of this Charter.
[Amended 8-1-2023 by 84 Del. Laws c. 130]
[Added 8–1-2023 by 84 Del. Laws c. 130]
The Mayor and Town Council shall have the authority to annex
any territory containing 2 acres or less contiguous to the Town by
complying with the procedure set forth in this Section, in addition
to the requirements for annexation in Title 22 of the Delaware Code.
(a)
Any property owner(s) holding record fee title to real property in
territory 2 acres or less contiguous to the then existing corporate
limits of the Town may petition the Mayor and Town Council to annex
that certain territory in which they own property. Such petition:
shall be in writing, duly executed, and acknowledged by each petitioner;
shall describe with reasonable certainty the territory proposed for
annexation; indicate the property owned by each petitioner therein;
and state the reasons for the requested annexation. The Mayor and
Town Council may, within 90 days following the filing of such petition
in the Town Office, vote to accept such petition and proceed as hereinafter
provided, or to reject such petition. A petition not so accepted within
said 90 days shall be null and void. The description for the territory
proposed for annexation shall include any street, road or way previously
conveyed, transferred or delivered to the public or to the state,
county, or other local governmental authority having jurisdiction
over the subject matter thereof for the public use as a road or as
a public right-of-way corridor that is contiguous with or adjacent
to the territory proposed for annexation and all streams, rivers,
canals, or other waterways to the centerline thereof that are contiguous
with or adjacent to the territory proposed for annexation; provided,
however, that any such territory that is included in the limits or
boundary of an adjacent municipality shall not be annexed into the
limits and the bounds of the Town of Milton.
(b)
The Mayor and Town Council shall introduce an ordinance proposing
the annexation of such territory of 2 acres or less contiguous to
the Town. Such ordinance shall describe, with reasonable certainty,
the territory proposed to be annexed, state the reasons for the proposed
annexation, shall rezone the area being annexed to a zoning classification
consistent with the adopted comprehensive plan, and shall contain
such other provisions as shall be required by law.
(c)
If the proposed ordinance shall fail to receive the affirmative vote
of a majority of all members elected to the Town Council, the territory
proposed to be annexed shall not again be considered for annexation
for a period of 6 months from the date that the ordinance failed to
receive the required affirmative vote.
(d)
If the ordinance shall be adopted, annexation as provided therein
shall become effective immediately after the certification of the
Town Council's vote. Upon the adoption of the Ordinance of Annexation,
a copy thereof, signed by the Mayor and certified by the Secretary
of the Town Council, together with a plot of the area annexed, shall
forthwith be filed for recording in the Office of the Recorder of
Deeds in and for Sussex County, Delaware, and said recordation shall
be completed within 90 days following the date of adoption. The failure
to record the description or the plot within the specified time shall
not make the annexation invalid, but such annexation shall be deemed
to be effective at the expiration of the 90-day period from the date
of the adoption of the Ordinance of Annexation.
The government of the Town and the exercise of all powers conferred
by this Charter, except as otherwise provided herein, shall be vested
in the Mayor and the Town Council. The term of the Mayor shall be
for a period of three (3) years, commencing at the Annual Meeting
as defined in Section 8.(b) following the election and continuing
until a successor is duly elected and qualified. The Town Council
shall be composed of six (6) members, each of whose terms shall be
for a period of three (3) years, commencing at the Annual Meeting
of the Town Council following their election and continuing until
each successor is duly elected and qualified.
The qualifications for the Mayor and each Town Council member
at the time of this election shall be as follows:
(a)
A citizen of the United States of America, and a primary legal resident
of the Town of Milton for the period of at least one year preceding
the next Annual Municipal Election;
(b)
At least twenty-one (21) years of age on or before the date of the
election;
(c)
Non-delinquent in taxes, utilities, or any debt to the Town;
(d)
Has not been convicted of a felony;
(e)
Had not been adjudged mentally incompetent;
(f)
Each of the qualifications for Mayor and for Town Council shall be
continuing qualifications to hold office, and the failure of the Mayor
or any of the Town Council members to have any of the qualifications
required by this Section during their term of office shall create
a vacancy in the office; and
(g)
If any Town Council member or the Mayor is found guilty of any felony,
such Town Council member or the Mayor shall forthwith be disqualified
to act as such officer and they shall, vacate the elected office.
At a minimum, Title 15 of the Delaware Code shall be followed
in the following section where applicable. However, some items listed
here may exceed that requirement, which is permissible. Each candidate
for Town Council shall be nominated as follows:
(a)
Each candidate shall notify the Town Manager or designee in writing
of their candidacy for the office of Mayor or Town Council. At that
time the candidate shall fill out and file with the Town Manager or
designee of the Town Council, the Ethics Form in Appendix B of this
Charter. Candidate must also file a Certificate of Intention or a
Statement of Organization no later than seven (7) days after declaring
their candidacy.
(b)
All such notifications of candidacy, consent to the required background
check and the completed Ethics Form along with the Certificate of
Intention or a Statement of Organization must be filed with the Town
Manager or designee during the regular business hours of the Town
no less than sixty (60) days prior to the election. Thereupon it shall
be the duty of the Secretary or designee to have a list of names of
all candidates so filed with the Town Manager printed in at least
one (1) newspaper of general circulation in the Town of Milton at
least twenty (20) days prior to the date of the said Annual Municipal
Election next ensuing along with posting in at least four (4) public
places in the Town and on the Milton Town website.
(c)
The Town Manager or designee shall submit the names of Candidates
for each office up for election to the Sussex County Department of
Elections no later than one (1) business day following the deadlines
for the elected positions.
[Amended 9-15-2021 by 83 Del. Laws c. 157]
At a minimum, Title 15 of the Delaware Code must be followed
in this section, if applicable. Provisions of this section may exceed
the requirements of Title 15 of the Delaware Code. The procedure for
holding the Annual Municipal Election for Mayor and Town Council members
is as follows:
(a)
The Annual Municipal Election shall be held at a place designated
by the Mayor and Town Council within the corporate limits of The Town
of Milton on the first Saturday in March of each and every year from
8:00 a.m. (eight o'clock a.m.), prevailing time, until 6:00 p.m. (six
o'clock p.m.) in the evening, prevailing time.
(b)
The Town Manager or designee shall make arrangements for voting machines
to be placed in the polling place prior to the time set forth in this
Charter for the beginning of the Annual Municipal Election.
(c)
When the Town of Milton elections were first established the first
three years were as follows:
(1)
At the Annual Municipal Election that was held on the first Saturday
in March, A.D. 1979, two (2) Town Council members were elected. Each
of the Town Council members who were elected served a term of three
(3) years or until a successor had been duly elected and qualified.
(2)
At the Annual Municipal Election that was held on the first Saturday
in March, A.D. 1980, the Mayor and two (2) Council members were elected.
The Mayor served for a term of two (2) years, or until a successor
was duly elected and qualified. Each of the Council members so elected
served for a period of three (3) years or until a successor had been
duly elected and qualified.
(3)
At the Annual Municipal Election that was held on the first Saturday
in March, A.D. 1981, two (2) Town Council members served for a term
of three years, were elected. Each of the Town Council members held
office for a period of three (3) years or until a successor was duly
elected and qualified.
(d)
Thereafter, at each Annual Municipal Election there shall be elected
two (2) Town Council members who shall serve for a term of three (3)
years, or until their successors have been duly elected and qualified,
except at the Annual Municipal Election in the year in which the Mayor
is to be elected for a term of three (3) years or until a successor
is duly elected and qualified. The Mayor and all Town Council members
will be elected at large.
(e)
The Annual Municipal Election shall be conducted by the Election
Officers under the supervision of the Board of Elections in accordance
with Title 15, Chapter 75, Subchapter IV of the Delaware Code. The
Board of Elections shall consist of five (5) members and three (3)
Alternates. There shall be a sufficient number of Election Officers
to conduct the election. The Chief Election Officer shall be the Inspector.
All members of the Board of Elections and all Election Officers shall
be appointed by the Mayor with the concurrence of a majority of the
members of the Town Council, no later than the last regular meeting
of the Mayor and Town Council prior to the date of the Annual Municipal
Election. The Elections Officers present at the polling place shall
determine who is and who is not lawfully entitled to vote at the Annual
Municipal Election, and take steps to see that the law pertaining
to the Annual Municipal Election receives compliance and conducts
the election in accordance with Subchapter IV of Chapter 75 of Title
15. The Board of Elections shall count the votes or otherwise verify
or correct the unofficial results and shall certify the final result
to the Mayor and Town Council in compliance with Section 7558 of the
Delaware Code. If any member of the Board of Elections or any Election
Officer so chosen and designated to conduct the Annual Municipal Election
shall not be present at the polling place at the time designated for
the holding of the Annual Municipal Election, an Alternate shall.
The Alternate will take no part nor have any authority unless others
are not present. The Board of Elections shall keep a list of all persons
who voted at such Annual Municipal Election.
(f)
Candidates shall remain no closer than fifty (50) feet from all entrances
of the polling place except when casting their own vote; when the
candidate has cast their vote, after voting, the candidate must immediately
exit the polling place.
(g)
For challenges and challengers the town shall follow procedures outlined
in Title 15 Del. C. § 7557(d).
(h)
Registration for municipal elections is as follows:
(1)
Every applicant for registration is a qualified voter if the applicant
is all of the following:
(A)
A United States citizen who is at least 18 years old on the day of
the election next succeeding the applicant's registration.
(B)
A bona fide primary resident of the Town for at least 30 days on
the day of the election next succeeding the applicant's registration.
(C)
Not adjudged mentally incompetent in a judicial guardianship or equivalent
proceeding.
(E)
Not incarcerated for conviction of a felony under the laws of Delaware
or any other state or local jurisdiction, the United States, or the
District of Columbia.
(2)
The identification provided by an applicant for registration must
be one or more of the following items that individually or together
show the identity and address of the applicant:
(A)
A current State of Delaware driver's license or ID Card bearing an
address within the territorial limits of the Town of Milton.
(B)
A uniformed services ID card.
(C)
Another current photo ID issued by the State of Delaware. U.S. Government,
or the applicant's employer, high school, or higher education institution.
(D)
A current utility bill, bank statement, credit card statement, a
paycheck or pay advice, or another type of bill or statement.
(E)
A lease or sales agreement.
(F)
Any other document that a person can reasonably and commonly accept
as proof of identity and address.
(3)
If voting in person on Election Day, one must provide identification
in accordance with § 7554 of Title 15 of the Delaware Code.
(4)
By simple majority vote, the Mayor and Town Council may elect to
administer and conduct registration for municipal elections by agreement
with, and under regulations adopted by, the Department of Elections
for Sussex County.
(i)
At such Annual Municipal Election every person, who shall have attained
the age of eighteen (18) years on the date of the Annual Municipal
Election and who shall be a citizen of the United States and a bona
fide primary legal resident of the Town shall have one (1) vote, provided
such person is registered on the "Book of Registered Voters" of the
Town of Milton. The Mayor and Town Council shall provide one (1) register
to be known as the "Book of Registered Voters" which is to be kept
at the office of the Town Manager or designee with an electronic back
up at Town Hall. The Book of Registered Voters shall contain the following
information for each registrant: The name of the registered voter,
the address of the voter, the birth date of the voter, and the date
of registration. No person shall be registered upon the Book of Registered
Voters unless such person has acquired the required qualifications.
A person shall be required to register only one time, unless removed
as provided hereunder. The Book of Registered Voters shall be maintained
in the office of the Town Manager or designee and shall be conclusive
evidence of the right of any person to vote at the Annual Municipal
Election. A person may register at the office of the Town Manager
or designee during the regular business hours of such office until
the close of business of such office thirty (30) days prior to the
date of the Annual Municipal Election by completing such forms as
may be provided by the Town. At any duly noticed meeting of the Board
of Elections, the Board may sit to consider the removal of names from
the Book of Registered Voters in cases where there is valid reason
to believe a person is no longer a duly qualified elector, such as
death or relocation outside the territorial limits. The Board of Elections
shall afford the affected voter the full right to be heard at a duly
noticed meeting with the right of appeal in all cases, first giving
written notice, sent via certified mail, at least 30 days prior to
its meeting.
(j)
All votes offered at the Annual Municipal Election shall be offered
in person or by absentee vote submitted in accordance with rules and
procedures governing absentee ballots as set forth by Title 15, Chapter
75, Subchapter V of the Del. Code.
(k)
In the event that no person, including the incumbent, files for an
office for which an election is to be held within the time set forth
in Section 6 of this Charter, such office shall be considered vacant
as of the date of the Annual Meeting. The Mayor with approval of the
majority of the Town Council, present and voting, shall appoint a
duly qualified person to fulfill such vacancy.
(l)
In the event that only one person files for an office for which an
election is to be held within the time set forth in Section 6 of this
Charter, the person who files shall be deemed to be elected for a
full term and it shall not be necessary to have an election.
(m)
If fewer persons file for the Office of Town Council member than
there are positions to be filled at any Annual Municipal Election
and all such persons who file are members of the Town Council, the
persons who file and those members of the Town Council who did not
file and whose terms expire shall be deemed to be elected for a full
term. It shall not be necessary to have an election. If fewer persons
file for the position of Town Council member than there are positions
to be filled at any Annual Municipal Election and any such person
is not a Town Council member, such person shall be deemed to be elected.
It shall not be necessary to have an election. Any member of Town
Council whose term expired and who did not file shall be deemed to
have vacated the office which shall be filled by appointment of the
Mayor and confirmed by majority vote of the Town Council, present
and voting for.
(n)
In the event of a tie vote for any office, a Special Election shall
be held within thirty (30) days following the Annual Municipal Election
pursuant to a resolution approved by the Mayor and Town Council. At
such Special Election, all persons who were eligible to vote in the
Annual Municipal Election for Mayor and Town Council shall be eligible
to vote in the Special Election. However, no person shall be permitted
to register and vote if such person was not registered to vote in
the Annual Municipal election. In the event that a regular Town Council
meeting has been held and the election was held after the meeting
a special meeting must be called.
(o)
For results, recounts, and contests the Town will follow procedures
outlined in Title 15 Del. C. § 7558.
(a)
Before entering upon the duties of their respective offices, the
Mayor Elect and the Council Member(s) Elect shall be sworn by a Notary
Public to perform faithfully and impartially the duties of their respective
offices with fidelity. At the first regular meeting in April following
the Annual Municipal Election, the Mayor and the Town Council shall
meet at the usual meeting place of the Mayor and Town Council and
the newly elected officers shall assume the duties of office, being
first duly sworn or affirmed to perform their duties with fidelity,
as aforesaid.
(b)
At the Annual Meeting, held on the first regular meeting in April
following the Annual Municipal Election, the Mayor shall appoint a
Vice-Mayor, a Secretary, and a Treasurer from among the members of
Council who shall be confirmed by a majority vote of all the members
of the Town Council present and voting. The Vice-Mayor, the Secretary
and the Treasurer shall serve until the next Annual Meeting following
the next Annual Municipal Election or until their successors have
been duly appointed and qualified. The Mayor may also select an Assistant
Secretary and an Assistant Treasurer to serve, as aforesaid, who may
or may not be from among the members of the Town Council and such
other officers and employees as may be determined to be necessary.
All appointments shall be confirmed by a majority of vote of all the
members of the Town Council present and voting. The Mayor shall be
the Chair of the Town Council and shall be an ex officio-member of
all committees.
(a)
The Mayor and Town Council shall hold at least one (1) Meeting in
each month on the first Monday of the month. If the first Monday of
the month shall be a legal holiday or Council deems they are unable
to meet the requirements for the first Monday of the month, the monthly
meeting of the Town Council of the Town of Milton shall be held on
the second Monday of the month. Additional meetings of the Mayor and
Town Council may be held in the same month, scheduled on an 'as needed'
basis, and notification procedures shall be the same as those for
a regular meeting.
(b)
The Mayor shall be paid eighty dollars ($80.00) for each regular
meeting attended by the Mayor and shall be paid forty dollars ($40.00)
for each additional meeting attended by the Mayor. Each member of
the Town Council shall be paid sixty dollars ($60.00) for each regular
meeting attended by the Town Council Member and thirty dollars ($30.00)
for each additional meeting attended by the Town Council Member. The
Mayor and the members of the Town Council shall receive no other compensation
for their services but shall receive an allowance for every mile necessarily
driven in his or her private automobile, such allowance to be paid
at the same rate as that assessed by the Federal rate for the serving
of papers, and shall be reimbursed for expenses necessarily incurred
while on the business of the Town, provided a voucher for such expenses
is delivered to the Town Manager or designee.
A majority of the Mayor and all the members to the Town Council
shall constitute a quorum at any meeting. If there is no quorum present,
Council must adjourn, but may re-convene if a quorum is present. The
Mayor and Town Council may compel the attendance of absent members
in such manner and under such penalties as may be prescribed by Ordinance.
The Council shall generally follow Roberts Rules of Order, determine
its agenda, and shall keep minutes of its proceedings, and the yeas
and nays taken in a roll call vote shall be taken upon the passage
of every ordinance and resolution, and shall be entered in the minutes
with the text of the ordinance or resolution. In addition the Town
Solicitor or designee shall serve as Parliamentarian during Milton
Town Meetings. Furthermore, Roberts Rules of Order shall generally
be followed during meetings of Milton's Town Boards and Commissions
and the Solicitor or designee shall serve as Parliamentarian.
If any vacancy shall occur in the office of Mayor or Town Council member by death, resignation, loss of residence in The Town of Milton, refusal to serve, or otherwise, the office shall be filled by a majority vote of the remaining members of the Mayor and Town Council. The person or persons so chosen to fill such vacancy shall be qualified only after completing the Ethics Form in Appendix B of this Charter, and the appointed member shall hold office until the end of fixed term of the vacated Town Council seat. Any person appointed to a vacancy must meet the requirements as stated in Section 5.5.
If the Mayor or any Town Council member, during their term of
office, shall for any reason cease to meet the requirements as set
forth in Section 5 of this Charter shall forthwith be disqualified
to act as Mayor, or as a member of Town Council and the office shall
be deemed vacant and shall be filled by the remaining members of the
Mayor and Town Council, as aforesaid.
(a)
It shall be unlawful for the Mayor and Town Council to make or enter
into any contract in excess of Fifty Thousand Dollars ($50,000.00)
for property, materials, supplies, services, work or labor, for the
benefit and use of the Town of Milton with the Mayor or any member
of the Town Council, or with any partnership in which the Mayor or
any member of the Town Council is a partner, or with any corporation
in which the Mayor or any member of the Town Council is a Director
or controlling stockholder, or with any firm or company in which the
Mayor or any member of the Town Council has a pecuniary interested.
An ethics form (appendix B) is required to be on file in Town Hall
for each elected and/or appointed official and kept up-to-date and
current at all times by such incumbents. These forms shall be examined
with reference to a bid or contract, to assure full disclosure and
compliance with best ethical practice and standards. This procedure
is to reveal actual or implied potential conflicts of interest. Once
this examination is completed and the Mayor and Town Council members
are apprised of any actual or implied potential conflicts of interest,
if the members of the Mayor and Town Council shall vote to enter into
such contract, then the Town may enter into such contract. Any such
contract executed without such unanimous vote shall be absolutely
null and void.
(b)
All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the contract awarded to the lowest responsible bidder who submits a responsive bid; provided however, that competitive bidding shall not be required, but may be used, in accordance with the Town of Milton Procurement Policy that has been established and may be amended by the Mayor and Town Council in order to provide detailed procedures for implementing the requirements of this Section 14(b). If, at the completion of a competitive bidding process for the purchase or contracting of property or services, the Mayor and Town Council determine that the prices received after competitive bidding are unacceptable as to all or part of the requirement or not independently reached in open competition, the Mayor and Town Council shall announce this finding at its next Town Council meeting and vote as to whether to open a new bidding process.
[Amended 8-1-2023 by 84 Del. Laws c. 130]
(c)
[Added 9-15-2021 by 83 Del. Laws c. 157]
(1)
Notwithstanding
subsections (a) and (b) of this section, the Town of Milton 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 Mayor and Town Council under Section 29(41) of this
Charter.
(2)
Paragraph
(c)(1) of this section does not apply to a contract in which the Town
of Milton is directly contracting for the procurement of the labor
or material for public improvements for the benefit of a special development
district or tax increment financing district created or designated
by the Mayor and Town Council under Section 29(41) of this Charter.
(3)
Paragraph
(c)(2) of this section does not apply to a development, funding, or
similar contract between the Town of Milton and an owner of real property
in a special development district or tax increment financing district
created or designated by the Mayor and Town Council under Section
29(41) of this Charter if the contract is generally for the transfer
by the owner to the Town of Milton of the work performed and the cost
of labor or material provided by the owner for the benefit of the
special development district or tax increment financing district.
(a)
The Mayor shall be the Chair of the Town Council and shall preside
at all meetings thereof, and unless otherwise provided herein shall
vote on all matters brought before the Town Council for a vote. The
Mayor shall appoint all committees; receive complaints of nuisances,
and other complaints of citizens concerning violations of law and
ordinances. The Mayor shall present a report of complaints and nuisances
and violations of law and ordinances to the Town Council at the first
regular meeting after receiving such complaints.
(b)
Members appointed to Boards and Commissions of the Town of Milton,
including the Board of Adjustment and the Town's Planning and Zoning
Commission, are appointed by the Mayor, with the advice and consent
of the Town Council, but only after completing the Ethics Form in
Appendix B and available for review by the Mayor and members of the
Town Council for a three (3) year, fixed term of service. Members
of these Boards and Commissions must be qualified electors in the
Town of Milton and have their legal primary residence within the town
limits in the Town of Milton. If a sitting Board or Commission member
changes their primary legal residence to a location outside of the
Town limits, that member shall become ineligible to serve and will
be deemed to have resigned from the Board or Commission. To avoid
any appearance of a conflict of interest in compliance with 29 Delaware
Code, Chapter 58. Delaware Code of Conduct. Board and Commission members
are required to recuse themselves from participating in discussion
relating to a matter in which they might have a personal interest.
As the number serving on such Boards and Commissions is fixed at a
minimum of five (5) and a maximum of nine (9), new appointees may
be added to a Board or Commission up to the maximum number, with the
same fixed term of three (3) years from the date of appointment. The
Mayor shall appoint to all Boards and Commissions a replacement to
fill such vacancy as soon as practicable.
(c)
The Mayor may, with the advice and consent of a majority of the Town
Council, for the proper administration of the Town of Milton, create
committees and/or appoint any and all persons to such committees.
The appointed members of such committees shall serve at the pleasure
of Mayor and Town Council. In addition to committees, the Mayor and
Town Council may create, and appoint members to: Ad Hoc Committees,
working groups, and other such entities so as to engage Milton citizens
in the work of administrating and serving the Town. Members of committees,
ad hoc committees, working groups and other such entities shall not
be required to have their primary residence within the town limits
of the Town of Milton. In the case of any appointment to committees,
ad hoc committees, working groups and other such entities, each person
being considered for such an appointment must first complete the Ethics
Form, Appendix B and be available for review by the Mayor and members
of the Town Council prior to the appointment. The Mayor, with the
advice and consent of the Town Council may replace any and all appointees
to any such created entities, and/or add individuals to such bodies.
However, it is required that those being replaced on any such entity,
be sent a letter from the Mayor thanking them for their service, and
notifying them of the date upon which their services are no longer
required by the Town. That letter is to be sent prior to the date
stipulated as the final day of service. The Mayor and Town Council
shall have the right to set sunset dates for any such committees or
other entities, and/or to assign completion dates for the work of
any such committees or other entities.
(d)
It shall be the duty of the Vice-Mayor, in the temporary absence
of the Mayor, to preside at all meetings of the Town Council and to
perform such other duties and to have such other powers of the Mayor
as are prescribed by the Charter of The Town of Milton or by any Ordinance
in the Town Code.
(a)
The Secretary of the Town Council shall have charge and custody of
books, minutes, records, papers and other effects of the Town and
shall arrange to keep and maintain the same in a safe and secure place
at the Town Office. The Secretary shall ensure that a full and complete
record be kept of all the transactions of The Town of Milton as may
be prescribed by this Charter or by Ordinance or rules of the Mayor
and Town Council. The Secretary shall file and keep in a safe at the
Town Office the seal of The Town of Milton and all papers and documents
arising out of the proceedings of the Mayor and Town Council relative
to the affairs of the Town. The Secretary shall transfer authority
of the same to the successor in office. The Secretary shall attest
the seal of The Town of Milton when authorized by the Town Council
and shall perform such other duties and have such other powers as
may be prescribed by this Charter or by Ordinance. The Secretary shall
receive no compensation for service as Secretary.
(b)
All public records of The Town of Milton as defined in 29 Delaware
Code, Chapter 100 may, in the presence of the Mayor, Secretary, Assistant
Secretary or any member of the Town Council, Town Manager or designee,
be inspected by any Delaware citizen desiring to inspect such public
records at any time, or times, as may be convenient and will not interfere
with the regular routine of business of the Town.
(c)
All public records of the Town of Milton shall be open for inspection
by members of the Town Council.
(d)
The duties and powers of the Secretary, as herein before prescribed,
shall devolve upon the Assistant Secretary in the temporary absence
or inability of the Secretary. The Assistant Secretary shall likewise
perform such other duties and have such other powers as may be prescribed
by resolution of the Mayor and Town Council and said person shall
receive no compensation for service as Assistant Secretary.
(a)
The Treasurer of the Town Council shall have oversight responsibility
as the official custodian of all the funds of the Town. The Treasurer
or designees shall deposit, or cause to be deposited within one business
day of receipt, such funds in such banking institutions prescribed
by the Mayor and Town Council. The Treasurer or designee shall pay
out no money except by check or warrant countersigned by two (2) authorized
signers. The Treasurer shall receive no compensation for service as
Treasurer.
(b)
The Treasurer shall assure that the Town Manager or designee keeps
a true, accurate and detailed account of all monies received and of
all monies paid out on behalf of the Town. The Town Manager or designee
shall receive all vouchers for monies paid out by the Town Manager
or designee, and their books and accounts shall, at all times, be
opened to inspection to the Mayor and/or any member of the Town Council.
The Treasurer shall make such financial reports at such times as the
Mayor and Town Council shall direct.
(c)
The Treasurer or designee shall assure that a monthly report of the
financial condition of the Town, showing receipts and expenditures,
shall be submitted to the Mayor and Town Council and such report shall
be opened to inspection by any resident of the Town. The Treasurer
shall make an affidavit to the Treasurer's belief in the truth and
correctness of such monthly report.
(d)
The Treasurer or designee shall file with the Town of Milton a bond
with corporate surety approved by the Mayor and Town Council in the
sum not less than Two Hundred and Fifty Thousand Dollars ($250,000.00),
the premium for said bond to be paid by the Town. (The Town of Milton
shall pay the premium for such a bond to be in effect, and to include,
all elected or appointed officials and Town employees who have responsibilities
for financial matters and/or who handle Town monies.) The bond shall
be conditioned upon the faithful performance by the Treasurer of their
duties of office and the restoration to the Town in case of their
death, resignation or removal from office of all books, papers, vouchers,
funds, and other property of whatever kind in the Treasurer's possession
belonging to the Town of Milton.
(e)
The Treasurer of the Town Council shall perform such other duties
relative to finances as the Mayor and Town Council may from time to
time prescribe or require.
(f)
The duties and powers of the Treasurer as hereinbefore prescribed
shall devolve upon the Assistant Treasurer in the temporary absence
or inability of the Treasurer. The Assistant Treasurer shall likewise
perform such other duties and have such other powers as may be prescribed
by resolution of the Mayor and Town Council and they shall receive
no compensation for service as Assistant Treasurer.
(a)
The Town Council of the Town of Milton shall hire a Town Manager
who shall have such duties as described by this Town Charter. Further,
the Mayor and Town Council may contract with the Town Manager for
a fixed term contract they shall find appropriate, which may be renewed
by simple majority vote of the Mayor and Town Council.
(b)
The Mayor and Town Council shall establish qualifications for the
Town Manager as may be deemed necessary; however, no person holding
the office of Mayor or Town Council member shall hold the position
of Town Manager during the term of office.
(c)
The Town Manager shall hold office for the fixed period of time stated
in the contract, if one exists as approved by a simple majority vote
of the Mayor and Town Council. If no contract exists the Town Manager
shall be considered an "at will employee" and serve at the discretion
of the Mayor and Town Council.
(d)
In the case of absence or disability of the Town Manager, the Mayor
and Town Council may designate a qualified person who may be awarded
a short term contract to perform the duties of such office during
his or her absence or disability.
(e)
The compensation which the Town Manager shall receive for the performance
of duties shall be determined by the terms of the contract or shall
be fixed by the Mayor and Town Council as approved by a simple majority
vote of the Mayor and Town Council.
(f)
The Town Manager shall be responsible to the Mayor and Town Council
for the proper administration of the Town placed in the Town Manager's
charge. It is the intention of this Charter that, in the performance
of those duties, and in the exercise of those powers, the Town Manager
shall not be influenced by any matters whatsoever of a political or
factional nature. It is the intention of this Charter that the Town
Manager shall be guided solely by the best and most appropriate interests
of the Town and its taxpayers, and to achieve efficiencies in the
administration of the affairs of the Town placed in the Town Manager's
charge. Except for purpose of inquiry, the Mayor and Town Council
shall deal with that portion of the administrative service for which
the Town Manager is responsible, solely through the Town Manager.
(g)
It shall be the duty of the Town Manager to supervise the administration
of the affairs of the Town under their charge and to make such reports
to the Mayor and Town Council as are required by the Mayor and Town
Council. The Town Manager or designee shall make such recommendations
to the Mayor and Town Council concerning the affairs of the Town as
may seem desirable. The Town Manager or designee shall keep the Treasurer
and the Mayor and Town Council advised of the financial condition
and future needs of the Town. The Town Manager, or designee shall
render each and every month a true, accurate and detailed account
of all the monies collected or received by the Town Manager or designee
in the performance of their duties and shall provide this report to
the Treasurer of the Town Council.
(h)
The Town Manager shall have all of the authority and responsibility
enumerated in this Charter.
(i)
In addition, the Town Manager's responsibilities shall include:
(1)
Maintaining the administrative organization of the Town to ensure
efficiency of operation;
(2)
Overseeing the accounting of all monies of the Town;
(3)
Making monthly reports to the Mayor and Town Council pertaining to
financial status of the Town;
(4)
Annually preparing a draft budget and capital improvement program
for the Town;
(5)
Within 45 days of the end of the fiscal year preparing an annual
report of the previous year's activities for presentation to the Mayor
and Council and the citizens of Milton;
(6)
Appointing with advise and consent of the Mayor and Town Council,
all department heads of the municipal staff and supervising their
performance on a day to day basis;
(7)
Acting as personnel officer for the Town, to include hiring, evaluating,
promoting, and disciplining employees and establishing procedures
for others to follow in such matters;
(8)
Recommending an annual salary schedule for the Town's employees for
Mayor and Town Council consideration;
(9)
Identifying services and policy needs of the Town and bringing them
to the attention of the Mayor and Town Council with written recommendations
for action;
(10)
Maintaining a sound public information process in the Town with its
citizens and the press, and other federal, state, and local governments;
(11)
Coordinating departmental activities as appropriate and setting obtainable
goals for all municipal departments;
(12)
Acting as purchasing agent for all municipal departments and overseeing
the bid process on purchases, adhering to all rules for contracting
and purchasing as set forth in this Charter;
(13)
Maintaining contact with the public, and considering suggestions,
complaints, and information requests;
(14)
Carrying out the directives of the Mayor and Town Council;
(15)
Attending all meetings of the Mayor and Town Council, preparing their
agendas, providing supporting documents, and information pertinent
to the agenda items;
(16)
Attending various meetings on behalf of the Town and interacting
with numerous municipal Boards, Commissions and Committees as needed;
(17)
Preparing federal, state, and private sector grant requests and administering
grant proposals, ensuring the enforcement of municipal and state codes;
and
(18)
Performing related work as required.
(j)
The Town Manager or Designee shall be entitled to a seat in the meetings
of the Mayor and Town Council, but shall not vote therein.
(a)
The Town Manager may with the simple majority approval of the Mayor
and Town Council, hire a Town Clerk who shall have such duties as
shall be prescribed by the Town Manager. Further, the Mayor and Town
Council may contract with the Town Clerk for a fixed term contract
they shall find appropriate, which may be renewed by simple majority
vote of the Mayor and Town Council. If no contract exists, the Town
Clerk shall be considered an at-will employee and serve at the discretion
of the Town Manager, Mayor and Town Council.
(b)
The Mayor and Town Council shall establish such qualifications for
Town Clerk as may be deemed necessary; however no person holding the
office of Mayor or Town Council member shall be chosen to be the Town
Clerk during the term of office as Mayor or Council member.
(c)
In case of the absence or disability of the Town Clerk, the Town
Manager may designate some qualified person who shall not be an elected
official of the Town of Milton.
(d)
The compensation which the Town Clerk shall receive for the performance
of his/her duties shall be fixed by the Town Manager with the approval
of the Mayor and Town Council.
(e)
The Town Clerk shall be responsible to the Town Manager for the proper
administration of the affairs of the Town placed in the Town Clerk's
charge by the Town Manager.
(f)
In the performance of assigned duties, and in the exercise of the
Town Clerk's powers, the Town Clerk shall not be influenced by any
matters whatsoever of a political or factional nature. The Town Clerk
shall be guided solely by the matters and requirements of the Town
Manager, in service to the town taxpayers and to achieve efficiency
in the administration of the affairs of the Town placed in the Town
Clerk's charge. Except for purpose of inquiry, the Mayor and Town
Council shall deal with that portion of the administrative service
for which the Town Clerk is responsible through the Town Manager.
(g)
It shall be the duty of the Town Clerk to supervise the administration
of the Town under the Town Clerk's charge and to prepare such reports
to the Mayor and Town Council as are required by the Mayor and Town
Council or Town Manager. The Town Clerk shall make such recommendations
to the Town Manager concerning the Town as may seem desirable. The
Town Clerk shall keep the Town Manager advised of these matters, and
of the financial condition and future needs of the Town.
The Mayor with the advice and consent of a majority of the members
of the Town Council shall select and appoint a Town Solicitor for
an indefinite term who shall be removable at the pleasure of the Mayor
and Town Council either with or without due cause stated. The Town
Solicitor shall be a member in good standing of the Bar of the State
of Delaware, with offices in Sussex County. It shall be the Town Solicitor's
duty to give legal advice to the Mayor and Town Council and other
officers of the Town, as well as to serve as Parliamentarian for the
Mayor and Town Council and all Boards and Commissions as required,
and to perform other legal services as may be required by the Mayor
and Town Council, or the Town Manager or designee.
(a)
The Mayor, with the approval of the majority of the Town Council,
may appoint a Board of Health that shall operate in compliance with
the Delaware Code. Such Board shall consist of no fewer than three
(3) nor more than seven (7) members, at least one (1) of whom shall
be a physician authorized to practice medicine in the State of Delaware.
Members of the Board of Health shall serve for three (3) years or
until their successors are duly appointed and qualified. Members of
the Board of Health shall have their primary residence — or
in the case of a medical or scientific professional, the site of their
professional practice - within the town limits of the Town of Milton.
The Board of Health shall have cognizance of and interest in the life
and health of the people of the Town, including oversight of air,
water and land quality, and shall inform the Mayor, Town Manager or
designee, and Town Council of necessary measures to be taken to protect
public health. The Board shall report to the Mayor and Town Council
periodically or as necessary, in writing, on whatever is deemed by
the Board to be potentially injurious to the health of the people
of the Town, and shall make recommendations to the Mayor and Town
Council concerning whatever actions the Town should take to contribute
to the health of the citizens and the sanitation of the Town of Milton.
The Board of Health shall organize the election of a Chair and a Secretary
from within Board membership within ten (10) days after notice of
their appointment and shall keep a record of their proceedings and
acts. The Chair shall be the executive officer of the Board.
(b)
The Board of Health may make recommendations to the Mayor and Town
Council regarding the adoption of ordinances relating to the health
of the population of the Town, or to prevent the introduction or spread
of infectious or contagious diseases or nuisances, or to mitigate
against environmental contamination. Such ordinances adopted by the
Mayor and Town Council shall extend to an area outside the Town limits
for a distance of one (1) mile.
(a)
The Mayor and Town Council shall make such rules and regulations
as may be necessary for the organization, government and control of
the police force. The police force shall preserve peace and order
and shall compel obedience within the Town limits to the Ordinances
of the Town and the laws of the State of Delaware. The police force,
under the direction of the Chief of Police, shall have such other
duties as the Mayor and Town Council shall prescribe. The Chief of
Police shall be subject to the direction of the Mayor or in the Mayor's
absence, the Vice Mayor. For financial and budgetary duties, the Chief
of Police shall report to the Town Manager or designee.
(b)
Each member of the police force shall have police powers as designated
in the Delaware Code and shall be conservators of the peace throughout
the Town. They shall suppress acts of violence and enforce all laws
relating to the safety of persons and property. They shall enforce
all ordinances enacted by the Mayor and Town Council and all criminal,
civil and motor vehicle laws enacted by the State of Delaware.
(c)
The Chief of Police shall be charged with the establishment of standard
operating procedures (SOP) for the Milton Police Department.
The Mayor, with the advice and consent of a majority of the
members of the Town Council shall retain the services of a Delaware
licensed Certified Public Accountant or Accounting Firm to examine
the financial statements and accounts of the Town of Milton. The selected
accountant or accounting firm shall have the duty to audit the accounts
of the Town. The auditor shall, on or before the expiration of one
hundred twenty (120) days from the end of the fiscal year, annually
make and deliver to the Town Council's Treasurer and Town Manager
or designee a detailed report of any and all accounts, records, and
books by the Town Manager or designee examined and audited. Such report
under their hand and seal, and the Executive Summary of its findings,
shall be posted on the Town's website and made available at Town Hall.
A notice of the availability shall be published in at least one (1)
newspaper having a general circulation in the Town of Milton. The
auditor shall have access to all records and accounts of the Town.
(a)
The Town Assessor may be hired and managed by the Town Manager or
designee with the advice and consent of a majority of the members
of the Mayor and Town Council for a fixed term contract with the right
of annual renewal, such contract to include terms of compensation.
(b)
The Town Assessor shall be sworn or affirmed by the Mayor or by a
Notary Public to perform his/her duties with fidelity and without
favor. It shall be the Town Assessor's duty to make a fair and impartial
assessment of property subject to taxation situated within the corporate
limits of the Town and to perform such other duties and reference
thereto as shall be prescribed by the Mayor and Town Council.
(c)
In making such assessment, the rules and exemptions now applicable
by law to the making of the assessment for Sussex County of persons
and property shall be applicable insofar as consistent with the provisions
of this Charter.
(d)
In the event that a Town Assessor is not under contract, the Mayor
and Town Council may adopt, as the annual assessment for Town of Milton,
the assessment for real estate and improvements located thereon as
compiled by the Board of Assessments of Sussex County.
(a)
In the event the Town uses a Town Assessor, the Town Assessor shall,
within one hundred twenty (120) days prior to the beginning of the
next fiscal year, make a report to the Mayor and Town Council of the
just, true and impartial annual valuation or assessment of all real
estate and improvements located thereon within the Town. The Mayor
and Town Council shall review such report each year, and may determine
to conduct a full reassessment of all real estate and improvements
located therein within the Town. No such reassessment shall be performed
within the first ten (10) years since the last full reassessment.
All real estate shall be described with sufficient particularity to
be identified, including the names of all persons assessed. Real estate
shall be assessed to the owner or owners if he, she or they be known.
If the owner, or owners, of real estate cannot be found or ascertained,
it may be assessed to "Owner Unknown." A mistake in the name of the
owner, or owners, or a wrong name or an assessment to "Owner Unknown,"
shall not affect the validity of the assessment of any municipal tax
or assessment based thereon; provided, however, the assessment shall
specify the last owner or owners of record, as it appears from the
records in the Office of the Recorder of Deeds, in and for Sussex
County. The annual valuation or assessment shall also be arranged
so that the land and the improvements thereon appear in separate columns
or spaces. In making this valuation or assessment, the Assessor shall
make its valuation or assessment accordingly.
(b)
If the Town Assessor owns real property in the Town of Milton, assessment
of said property shall be arranged by order of the Mayor and Town
Council.
(c)
Immediately upon receiving the annual valuation or assessment from
the Town Assessor, the Mayor and Town Council shall cause a full and
complete copy of said list, containing the amount assessed to each
taxable person or entity, to be posted on the Town website for a period
of at least thirty (30) days and available at Town Hall for the information
of and examination by all concerned. The Town shall also post, along
with the valuation or assessment notices advertising to all concerned,
the date, not earlier than thirty (30) days after the date of posting
of the true and correct copy of the annual valuation or assessment,
on which the Mayor and Town Council will sit and hear appeals from
the said annual valuation or assessment. The decision of the Mayor
and Town Council, sitting as the Board of Appeals, shall be final
and conclusive. The Town Assessor shall revise and complete the report
of said valuation or assessment as soon as practicable. No member
of the Town Council nor the Mayor shall sit upon his or her own appeal
but said appeal shall be heard and determined by the other council
members.
(d)
Any taxable person or entity may file an appeal to be heard by the
Mayor and Town Council by filing an application in writing at the
Town Hall, stating the reason, or reasons, for the appeal, no later
than fifteen (15) days before the date on which the Mayor and Town
Council will sit to consider such appeals. Once such an application
for appeal has been filed, the Town of Milton shall notify the appellant,
by certified mail, of the date, time and location of the scheduled
appeals hearing and shall confirm that the appellant's appeal shall
be heard at said hearing.
(e)
The Town Assessor and staff shall be present on the day fixed for
hearing appeals, and shall furnish to the Mayor and Town Council any
information it requires, and answer any questions the Mayor and Town
Council may have with respect to any assessment for which an appeal
has been taken. The Mayor and Town Council shall have the authority
to enforce the attendance of the Town Assessor by appropriate process.
(a)
The Mayor and Town Council, having received the revised and completed
annual valuation or assessment, shall determine, in their 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 for the next fiscal year. Such amounts may include reasonable
and appropriate reserves, as set forth in the Town Budget for such
year and may include a reasonable amount to cover unanticipated expenses
and emergencies.
(b)
The Mayor and Town Council should then proceed to determine, in consultation
with the Town Manager or designee, from which sources of the authorized
revenues of the Town the amount of such shortfall, if any, shall be
raised and, within the limits prescribed by this Charter with respect
to any such source, the amount to be raised from each such source.
The Mayor and Town Council shall then proceed to determine, assess,
fix and/or levy as follows:
(1)
The rate of tax on real estate including improvement thereon per
One Hundred Dollars ($100.00) of the assessed value.
(2)
The rate of tax upon all poles, construction, erections, wires, billboards,
communication towers, and appliances more particularly mentioned,
or intended so to be in Section 29 of this Charter as amended; and/or
(3)
The several license fees to be charged for carrying on or conducting
of the several businesses, professions, and/or occupations more particularly
mentioned or intended so to be in Section 29 of this Charter, as amended;
and/or
(4)
The several rates to be charged for furnishing water service, sewer
service, electric service, gas service, front footage assessment;
and/or
(5)
The fees or rates to be charged with respect to any other authorized
source of revenue sufficient in their judgment and estimation to realize
the amount necessary, provided however, that in the case of sources
(3), (4), and (5), the Mayor and Town Council may, by majority vote
and in its discretion, assess, levy and/or alter or change upon other
than a fiscal year basis, and at any meeting of the Mayor and Town
Council, as the Mayor and Town Council, in its own proper discretion,
shall determine.
(c)
After the day fixed for hearing tax appeals of each and every year,
the Mayor and Town Council shall make, or cause to be made, a full,
true and correct Annual Tax list showing the amount of tax levied
against each taxable entity thereon from all sources above mentioned.
This list shall be known as the Annual Tax List of the Town of Milton.
In addition to the information contained in the annual valuation or
assessment list, it shall also contain information as to the rate
of tax upon real estate for each One Hundred Dollars ($100.00) of
assessed valuation thereof.
(d)
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 under existing laws
in reference to said Town and the same are hereby declared to be to
be valid, binding and vested in the Town.
(a)
Using the Annual Tax List, the Town Manager or designee shall prepare
tax bills for each and every property owner named on said list in
the month of January of every year and shall then proceed to collect
the taxes, other charges and fees on said list.
(b)
All taxes, other charges, or fees so imposed by the Town of Milton
in such Annual Tax List, or as levied or imposed pursuant to Section
26 of this Charter shall be and constitute a lien upon all the real
estate within the Town of Milton owned by the taxable person or entity
for a period of ten (10) years. The lien shall be applied to any such
real estate within the Town of Milton owned by that taxable person
or entity at any time after the taxes, fees or charges are imposed.
Such lien shall have preference and priority to all other liens on
such real estate, as aforesaid, even if such other lien or liens attached
at a time and date prior to the time of the attaching of such lien
for taxes, charges or fees due to the Town of Milton.
(c)
All taxes, charges or fees, when and as collected by the Town Manager
or designee, shall be paid to The Town of Milton, and all taxes, charges
or fees shall be due and payable at, and from the time of the delivery
of the Annual Tax List, to the Town Manager or designee or when the
charge or fee is imposed.
(d)
All taxes, charges or fees shall be payable at the Town Office of
the Town during the regular business hours of that office.
(e)
In the collection of said taxes, on all taxes unpaid after the March
31st due date, interest shall be added at the legal rate of interest
in 6 Delaware Code, Section 2301 prorated per month, and an additional
sum of two percent (2%) per month as a penalty for each month such
taxes shall remain unpaid and said penalty shall be collected in the
same manner as the original amount of tax. The Mayor and Town Council
shall have the power to make just allowances for delinquencies in
the collection of taxes. All taxes unpaid after the due date shall
be considered delinquent. In effecting a collection of any delinquent
tax, the Mayor and Town Council may impose a collection charge to
be listed on the Town's fee schedule not to exceed twenty-four percent
(24%) of the amount of the tax, any interest, and penalty imposed
thereon.
(f)
In the collection of any other charge or fee imposed pursuant to
Section 26 of this Charter, or any such fee or charge paid more than
thirty (30) days after the mailing of an invoice, a penalty shall
be added at the rate of two percent (2%) per month for each month
that such charges or fees remain unpaid and said interest or penalty
shall be collected in the same manner as the original amount of such
charge or fees. All such charges or fees unpaid after the due date
shall be considered delinquent. The Town Council shall have the power
to make just allowances for delinquencies in the collection of such
charges or fees. In effecting a collection of any delinquent charge
or fee the Mayor and Town Council may impose a collection charge not
to exceed twenty-four percent (24%) of the amount of the charge or
fee and any interests or penalty imposed thereon.
(g)
At the Annual Meeting of the Mayor and Town Council of each year,
the Town Manager or designee shall account to the Mayor and Town Council
for all taxes, charges, and fees collected during the prior fiscal
year and account for any uncollected taxes, charges, and fees.
(h)
The Town Manager or designee, when any tax charge or bill has become
delinquent, may, in the name of the Town of Milton, institute suit
before any Justice of the Peace, or in the Court of Common Pleas of
the State of Delaware, in and for Sussex County, or in the Superior
Court of the State of Delaware, in and for Sussex County, for the
recovery of the unpaid tax, charge or fee, together with interest,
penalty and collection charge(s), in an action of debt, and upon judgment
obtained, may sue out writs of execution as in case of other judgments
recovered before a Justice of the Peace or in the Court of Common
Pleas or in the Superior Court, as the case may be.
(i)
However, should the Town Manager or designee so elect, the Town Manager
or designee is empowered to sell the real property(ies) of the delinquent
taxpayer, or the real property(ies) of the delinquent taxpayer alienated
subsequent to the levy of the tax by the following procedure:
(1)
The Town Manager or designee shall present in the name of the Town
of Milton to the Superior Court of the State of Delaware, in and for
Sussex County, a petition in which shall be stated:
(A)
The name of the taxable person or entity;
(B)
The year for which the tax was levied;
(C)
The rate of tax;
(D)
The total amount due;
(E)
The date from which interest and the penalty for nonpayment
shall commence and the rate of such interest and penalty and any collection
charge permitted;
(F)
A reasonable, precise description of the real property proposed
to be sold;
(G)
A statement that the bill of said tax has been mailed to the
taxable person or entity at his/her last known post office address
with return receipt requested by certified mail and postage prepaid;
(H)
That it has been found impractical to attempt to collect the
said tax by any other remedy herein before provided. The petition
shall be signed by the Town Manager or designee and shall be verified
before a Notary Public.
(2)
At least ten (10) days prior to the filing of any such petition as
described herein, the Town Manager or designee shall deposit in the
mail in a sealed and stamped envelope and addressed to the taxable
person or entity at his last known address, requiring a registered
receipt returnable, an itemized statement of the tax due, together
with all interest, penalties, collection charges, and costs then due
thereon, together with a notice to the delinquent taxpayer that the
Town of Milton shall proceed to sell the real property of the taxpayer
for the payment of the tax, charge or fee set forth in said statement.
The Town Manager or designee shall exhibit the return registry receipt
to the Court by filing the same with the petition; provided, however,
that if the taxpayer cannot be found, it shall be sufficient for the
Town Manager or designee to file with said petition the evidence that
such statement has been mailed in accordance with this Subsection
and has been returned.
(3)
Upon the filing of the petition, the Prothonotary shall record the
same in a properly indexed record of the Superior Court, in and for
Sussex County, and shall endorse upon the said record of said petition
the following: "This petition, filed _____day of _____, A.D. _____
and the Town Manager or designee is hereby authorized to proceed to
sell the real property herein mentioned or a sufficient part thereof
as may be necessary for the payment of the amount due." This endorsement
shall be signed by the Prothonotary.
(4)
Any sales of real property of a delinquent taxpayer shall be advertised
in four (4) public places in the Town of Milton, to include Town bulletin
board and posting on the Town website, and by printing the notice
of said sale at least four (4) times in at least one (1) newspapers
of general circulation in Town of Milton. The notice shall contain
the day, hour, place of sale and a short description of the real property
sufficient to identify the same. The last of these notices shall be
posted and published at least fifteen (15) days before the day of
the sale.
(5)
Each sale of real property shall be returned to the Superior Court
of the State of Delaware, in and for Sussex County, at the next term
thereof following the sale, and the Court shall inquire into the circumstances
and either approve or set aside the sale. If the sale is approved,
the Town Manager or designee making the sale shall make a deed to
the purchaser which shall convey the right, title and interest of
the delinquent taxpayer or his/her assignee; if the sale be set aside,
the Superior Court may order another sale and so on until the tax
be collected. The petition, return and deed shall be presumptive evidence
of the regularity of the proceeding.
(6)
No sale shall be approved by the Superior Court if the owner be ready
at court to pay the taxes, penalty, collection fees and costs and
no deed shall be made until the expiration of ninety (90) days from
the date of the sale within which time the owner, his/her heirs, executors,
or assigns, shall have the power to redeem the real property on payment
to the purchasers, his/her personal representative or assigns, the
costs, the amount of the purchase price, and twenty percent (20%)
interest thereon and the expense of having the deed prepared.
(7)
After satisfying the tax, interest, penalties, and collection charges
due and the costs of expense of the sale from proceeds of sale, the
amount remaining shall be paid to the owner of the real property.
Upon the refusal of the said owner to accept said remainder, or if
the owner is unknown or cannot be found, the amount remaining shall
be deposited in a bank, either to the credit of the owner or in a
manner in which the fund may be identified.
(8)
In the sale of real property for payment of delinquent taxes, interest,
penalties, and collection charges, the costs for filing, recording
and preparing documents shall be allowed to be deducted from the proceeds
of the sale or chargeable against the owner, as the case may be. In
addition, the costs of printing handbills or notices, the publication
of the advertisement of sale in newspaper, and the auctioneer's fee
shall be chargeable as costs. The cost of the deed shall not be chargeable
as costs, but shall be paid by the purchaser of the property of the
delinquent taxpayer. The total of any Delaware transfer tax shall
be paid by the purchaser of said real property of the tax sale.
(9)
If the owner of any real property against which a tax shall be levied
and assessed shall be unknown, this fact shall be stated in the advertisement
of sale.
(10)
If any person is assessed for several parcels of real property in
the same assessment in the Town of Milton, the total of said taxes,
charges or fees may be collected from the sale of any part or portion
of said real property, provided that the land alienated by the delinquent
taxpayer shall not be sold until other property of the taxpayer shall
have been disposed of and there still remains a delinquency.
(11)
In the event of death, resignation or removal from office of the
Town Manager or designee before the proceedings for the sale of real
property shall have been completed, the successor in office shall
succeed to all of the powers, rights and duties in respect to said
sale. In the event of the death of the purchaser of said sale prior
to the purchaser receiving a deed for the property purchased thereat,
the person having the right by consent, devise, assignment, or otherwise,
may refer to the Superior Court of the State of Delaware, in and for
Sussex County, a petition representing the facts and requesting an
order authorizing and requiring the Town Manager or designee to execute
and acknowledge a deed conveying to the petitioner the premises so
sold or a just portion thereof; and thereupon the court may make such
order touching the conveyance of the premises as shall be according
to justice and equity.
(12)
However, should the Town Manager or designee so elect, the Town Manager
or designee is empowered to sell the real property of the delinquent
taxpayer or the real property of a delinquent taxpayer alienated subsequent
to the levy of the tax, by the direction of the Mayor and Town Council,
using any of those procedures specified for the sale of land for the
collection of taxes on the part of the taxes for Sussex County, and
all such procedures and methods available for the sale of land, as
aforesaid, as they are presently enacted and hereafter amended, are
included herein and made part hereof by reference in the statutes
made and provided, substituting the Town of Milton for Sussex County
therein.
(j)
This section
applies to all special ad valorem taxes and special taxes levied by
the Mayor and Town Council under Section 29(41) of this Charter. References
in this section to an Annual Tax List are, for purposes relating to
the special ad valorem taxes and special taxes, deemed to refer to
the tax list showing the amounts of special ad valorem taxes or special
taxes levied against the real property within a special development
district.
[Added 9-15-2021 by 83 Del. Laws c. 157]
(a)
The fiscal year for the Town of Milton shall be October 1 through
September 30 of each year, unless changed by Resolution of the Mayor
and Town Council.
(b)
Each year, at a meeting of the Mayor and Town Council in July, the
Town Manager or designee shall prepare a rough draft of the Town Budget.
From this draft, the Mayor and Town Council, shall prepare the Town
Budget, containing the financial plan for conducting the affairs of
the Town for the ensuing fiscal year.
(c)
The budget shall contain the following information:
(1)
The amount of the debt of the Town, together with the schedule of
maturities of Bond issues.
(2)
An itemized statement by the Town's Chart of Accounts of all estimated
expenses to be incurred in the affairs of the Town for the ensuing
fiscal year;
(3)
A statement of the amount required for interest on the bonded debt,
the amount necessary to pay any bonding maturing during the year and
the amount required for any "Sinking Fund" or "Sinking Funds";
(4)
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.
(d)
This budget document shall be presented at a meeting of the Mayor
and Town Council, and not more than fifteen (15) days later be presented
at a public hearing for citizen comments. At the next duly noticed
meeting of the Mayor and Town Council, the Mayor and Town Council
shall vote on the adoption of the budget, which may include revisions,
and said budget shall be effective on the first day of the new fiscal
year.
(e)
The Mayor and Town Council shall, so far as possible, adhere to the
budget so adopted in the making of appropriations.
[Amended 9-15-2021 by 83 Del. Laws c. 157]
Not by way of limitation on the power vested in the Mayor and
Town Council to exercise all powers delegated by this Charter to the
municipal corporation or to the Mayor and Town Council except as may
expressly appear herein to the contrary, but, rather by way of enumeration
and for purposes of clarity, the Mayor and Town Council are vested
by this Charter with the following powers, to be exercised by the
Mayor and Town Council in the interest of good governance and for
the safety, health, and public welfare of the Town, the Town's inhabitants,
and the Town's affairs:
(1)
To provide for and preserve the health, peace, safety, cleanliness,
ornament, good order and public welfare of the Town and its inhabitants;
(2)
To prohibit, restrain, license or regulate all public sports, exhibitions,
shows, parades, productions, circuses or other public performances,
gatherings, amusements and games;
(3)
To ascertain, locate, layout, establish, open, change, alter, widen,
abandon, regulate the use and enjoyment of, prevent, or remove any
obstruction of, level, grade, flag, dress, pave, gravel, shell, improve,
dredge, erect, remove, repair or replace any new or present street,
highway, lane, alley, water course, park, lake, crosswalk, wharf,
dock, sewer, drain, aqueduct, or pipeline or portion thereof, or any
new or present sidewalk, curb, or gutter or portion thereof within
the Town; to specify the grade thereof, the materials to be used in
doing thereof and the manner in which the same shall be done; to enter
into contracts or agreements 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;
(4)
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.
(5)
To enforce the removal of ice, snow or dirt or other foreign substance
from sidewalks and gutters by owners or abutting owners;
(6)
To prohibit, remove or regulate the erection of any stoop, step,
platform, bay window, cellar, gate, area, descent, sign, post or any
other erection or projection in, over, upon or under any street, highway,
alley, lane, water course, park, lake, strand, sidewalk, crosswalk,
wharf, dock sewer, drain, aqueduct or pipeline within the Town.
(7)
To define, prevent, abate or remove nuisances, obstructions or any
other condition detrimental to the public safety, health, welfare;
or the health and capacity of eco-systems that support the natural
areas within the Town.
(8)
(A)
To provide
an ample supply of potable water for the Town and its inhabitants
and to this end to do all of the following:
1.
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.
2.
Regulate
and prescribe for what public or private purposes the water furnished
by the Town may be used, the manner of its use, the amounts to be
paid by the users thereof, the means whereby the 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 water system
or the equipment of the Town.
3.
Furnish
or refuse to furnish water from the Town system to places and properties
outside the Town limits.
4.
Define
and protect source water protection and recharge areas.
5.
Contract
for and purchase water and distribute the water to users within or
without the Town with the same full powers as though the water had
been initially reduced to usefulness by the Town itself.
(B)
The
powers under paragraph (8)(A) of this section are subject to the following:
1.
Before
contracting for any additive to the Town of Milton drinking water
supply, the Mayor and Town Council must have a written recommendation
from the appropriate state regulatory authority, the findings of the
recommendation must be published in at least 1 newspaper of general
circulation in the Town of Milton and on the Town website, and the
recommendation must be duly noticed as an agenda item at the next
meeting of the Mayor and Town Council. The Mayor and Town Council
may hold a public hearing on the written recommendation for town citizens.
2.
If the
Mayor and Town Council determine, by a 2/3 vote of its members, that
it is necessary to sell, exchange, interconnect, or dispose of all
or part of the Town’s potable water system, the determination
is subject to a special referendum vote within sixty 60 days of the
determination. The proposed sale, exchange, interconnection, or disposal
must be passed by a majority vote of the citizens and property owners
of the Town of Milton who voted. The results of the referendum vote
are binding.
(9)
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, 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/or to contract for and/or 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.
(10)
To provide, construct, extend, maintain, manage and control jetties,
bulkheads, embankments, flood gates, piers, or fills for the preservation
of any strand, or high land within the limits of the Town, and contiguous
thereto, to the end that the same may be preserved and protected that
the general public might enjoy the use thereof. In any case, the Town
of Milton must be in compliance with state and federal provisions.
80 Del. Laws, c. 186. (NOTE: The amendments in this (10) shall take
effect on the effective date of a duly adopted protective buffer for
the Town of Milton.)
(11)
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, lake, strands, sidewalks, crosswalks, wharfs,
docks, public buildings or other public places in the Town, and to
this end to acquire, lease, erect, construct, maintain, operate, extend,
enlarge, renew, replace, control and dispose of transmission and distribution
lines, pipes, mains and other conveyances for 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. However,
decisions to change the supplier of such services, or that involve
the use of private property, must be preceded by a meeting of the
Mayor and Town Council providing information and an open period for
public comment.
(12)
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
water course, runs or rivulet 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 to facilities for the health, sanitation and convenience
of the Town; and to regulate and permit the type of hard surfacing
so as to assure permeability of the surface to maximize percolation
of waters into the water table, and thereby reduce storm runoff and
Town flooding.
(13)
To grant franchise 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 considerations as the Mayor
and Town Council shall deem in the best interest of the Town, but
only after providing information at a duly noticed Meeting of the
Mayor and Town Council, and the opportunity for public comment, as
to the use of present and future streets, highways, lanes, alleys,
water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs,
docks and other public places of the Town for purpose of furnishing
heat, light, power, gas, water, sewer, drainage, electric current,
telephone, telegraph, television, railroad, excepting railroads or
railways engaged in Interstate Commerce, bus, taxi or other transportation,
carrier or public service to the Town, unto the persons, firms or
corporations residing or located therein and for the purpose of transmitting
the same from or through the Town to points outside the limits thereof,
and for the purpose of erecting wharfs and piers 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 purpose, firm association or corporation
whomsoever;
(14)
To regulate and control the exercise of any license or franchise
mentioned in Section 29 of this Charter, or intended so to be;
(15)
To direct, regulate and control the planning, planting, 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; from both public
and privately held lands.
(16)
To direct the digging down, draining, filling up, cleaning, cutting
or fencing of lots, tracts, pieces or parcels of ground in the Town,
that is deemed dangerous or unwholesome or necessary to carry out
any improvements as authorized by this Charter;
(17)
To provide for or regulate the numbering of houses and lots on the
streets and the naming of streets and avenues;
(18)
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;
(19)
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 or other buildings; to establish a Code for the
same and to provide for the granting of permits for the same; to establish
a building line for buildings to be erected; to zone or district the
Town and make particular provisions for particular zones or districts
with regard to building or building material; and generally to exercise
all powers and authorities vested in the legislative body of cities
and incorporated towns under and by virtue of Chapter 3, Title 22,
Del.C.;
(20)
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 violation of law or Ordinance, or for detention
of persons charged with violation of law or Ordinance, for a reasonable
time in cases of necessity prior to hearing and trial; provided, however,
that any correctional institution or detention facility located in
the State of Delaware may be used for any such purpose;
(21)
To acquire, build, erect and maintain buildings and facilities necessary
or required for housing and equipping the offices of the Town;
(22)
To regulate or prevent the use of guns, air guns, spring guns, pistols,
sling shots, and any other devices for discharging projectiles which
may cause bodily injury or injury or harm to property; and to regulate
or prevent the use of fireworks, pyrotechnics, incendiaries, explosive
devices, and detonating works of all kinds;
(23)
To provide for the punishment of a violation of any Ordinance of the Town by fine or imprisonment, or both, not exceeding Two Thousand Five Hundred Dollars ($2,500.00) or sixty (60) days, or both, provided however that limitation does not apply to any Code violation relating to Historic Preservation (Chapter 220 Zoning § 220-21);
(24)
To provide for the organization of a fire department and the control
and government thereof; to establish fire limits and to do all things
necessary for the prevention or extinguishment of fires; and at the
discretion of the Town Council, to contribute, donate or give an amount
or amounts not to exceed in the total during any fiscal year seven
percent (7%) of the total taxes levied on real estate and improvement
thereon unto 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 Mayor and Town Council shall deem advisable;
(25)
To purchase, take and hold property when sold for any delinquent
tax, assessment, water rent, electrical 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;
(26)
To levy and collect taxes for any and all municipal purposes upon
all real estate and improvements located thereon on an annual basis
and on a quarterly basis in supplement; provided, however, that the
amount to be raised from this source shall not exceed in any one year
the sum equal to one half of one percent (0.5%) of the assessed value
of all such taxable real estate and improvements thereon situated
within the corporate limits of the Town of Milton; 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 herein before or hereafter
incurred; 80 Del. Laws, c. 186; 80 Del. Laws, c. 350;
[Amended 7-17-2019 by
82 Del. Laws c. 106; 8-1-2023 by 84 Del. Laws c. 130]
(27)
To levy and collect taxes upon the transfer of real property or any
interest in real property situate within the corporate limits of the
Town of Milton, regardless of where the instruments making the transfers
are made, executed or delivered or where the actual settlements on
such transfers occur in accordance with Chapter 16, Title 22 of the
Delaware Code; and provided further, that no tax shall be levied upon
any organization exempted from ad valorem real estate taxes. 80 Del.
Laws, c. 186
(28)
To levy and collect taxes upon all telephone, telegraph, communication
towers, billboards, 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 thereon
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 26 of this Charter,
the Mayor and Town Council shall have the authority to cause the same
to be removed;
(29)
To license, tax and collect fees annually for any and all municipal
purposes (including the cost and expenses of advertising to the Town)
of such various amounts as the Mayor and 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 the seller resides;
(30)
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;
(31)
To provide for the collection of all, and disbursement of all monies
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;
(32)
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 Mayor and 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
aggregate Five percent (5%) of the assessed value of all real estate
in the Town property and improvements thereon within the corporate
limits of the Town of Milton subject to the assessment for the purpose
of levying the annual tax hereinbefore mentioned;
(33)
To acquire, and/or to vacate the use of lands, tenements, personal
property, easements, right 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 by this Charter. Proceedings by way
of condemnation in any case shall be as prescribed in Chapter 61,
Title 10, Del. C.;
(34)
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;
(35)
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;
(36)
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;
(37)
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 Mayor and Town
Council, in its discretion may deem most appropriate; provided, however,
that the method of funding may, if deemed desirable by the Mayor and
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 members of the Mayor and Town Council.
However, each employee shall receive the same percent regardless of
funding sources.
(38)
To borrow money in anticipation of revenues on the full faith and
credit of the Town of Milton sum or sums not exceeding Five Hundred
Thousand Dollars ($500,000.00) in any one year when, in the opinion
of a majority of the Mayor and Town Council, the needs of the Town
require it. Except for any Town authorized credit accounts, any sum
so borrowed shall be secured by promissory notes of the Town of Milton,
duly authorized by Resolution adopted by the Mayor and Town Council,
and signed by the Mayor of The Town of Milton, 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 Mayor and Town Council;
provided, however, that the total sum outstanding at any one time
shall not exceed Five Hundred Thousand Dollars ($500,000.00); provided
further, that any sum of money so borrowed, as aforesaid, in any fiscal
year, shall be paid from the appropriate fund(s) 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, with interest thereon, and provided
that such ad valorem taxes shall be levied as is necessary to pay
the principal or the interest on said notes as is required without
regard to any 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.
(39)
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 Mayor and 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 or abate environmental contamination,
or nuisances affecting the same shall apply not only within the corporate
limits of the Town but as well as to all areas and persons outside
the Town within one (1) mile from said limits.
(40)
May impose upon annexed property such terms and conditions including
annexation and impact fees that are reasonably calculated to recover
the cost, and that have a rational relationship to such growth, of
installing, enlarging, improving or expanding public or municipal
improvements, including but not limited to sewer, water, roads, parks,
parking and/or police. Such terms and conditions and/or impact fees
may be reflected in an Annexation Agreement negotiated and accepted
by the Mayor and Town Council and the Applicant prior to annexation.
(41)
(A)
In addition to all other powers the Mayor and Town Council may have, and notwithstanding any limitation of law, the Mayor and Town Council have all powers and may undertake all actions for the purposes under Chapter 17 of Title 22 of the Delaware Code, relating to the Municipal Tax Increment Financing Act, and Chapter 18 of Title 22 of the Delaware Code, relating to Special Development Districts.
(B)
A bond issued under this paragraph (41) is nonrecourse to property owners who purchase property in a special development district and a tax increment financing district created under Chapters 17 and 18 of Title 22 of the Delaware Code. A property owner who purchases property in a special development district or a tax increment financing district shall only be responsible for the payment of ad valorem real property taxes and special taxes levied by the Mayor and Town Council under Chapters 17 and 18 of Title 22 of the Delaware Code.
(C)
All
provisions of this section and Section 33 of this Charter, and any
other section of this Charter, limiting the amounts of indebtedness
to be incurred or taxes to be levied by the Mayor and Town Council
do not apply to any indebtedness incurred or any special ad valorem
taxes, special taxes, or ad valorem taxes levied under or in connection
with this paragraph (41).
(a)
The Mayor and 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 Mayor and Town Council shall deem it for the
best interest of the Town, but only after such recommended action(s)
have been presented at a Mayor and Town Council meeting, and the opportunity
for public comment has been provided.
(b)
In addition, the procedure to be used for any of those things heretofore
listed in this Section shall be as follows:
(1)
Whenever one (1) or more property owners in a portion of the Town
is 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 Mayor
and 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 shall appoint a committee
composed of not less than three (3) of the members of the Town Council
to investigate the possibility of changing the structure of said streets
in the Town. The petition presented to the Mayor and Town Council
by the property owners shall include a description of the property
through which the proposed street shall be laid out, or a 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 Mayor and
Town Council, by a majority vote of the members thereof, by resolution,
propose that a committee composed of not less than three (3) of its
members be appointed by the Mayor and confirmed by a simple majority
vote of the Mayor and Town Council to investigate the possibility
of changing the street structure of the Town.
(2)
Not later than one-hundred twenty (120) days following its appointment,
the committee shall submit a written 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,
recommending or disapproving the change of said street structure.
If the report of the committee appointed by the Mayor and Town Council
recommends changing the existing street structure of the Town, the
Mayor and Town Council, by resolution passed by majority of the members
of the Mayor and Town Council concurring therein, shall propose to
the property owners and citizens of the Town that the Mayor and Town
Council propose to change the street structure by opening a new street
or by doing any of those other things herein before described to the
existing street structure of the Town. If the report of committee
appointed by the Mayor and Town Council is not in favor of changing
the existing street structure, the resolution proposing the change
in the street structure to the property owners and citizens of the
Town of Milton shall be passed by a majority of three fourths (3/4ths)
of all the members of the Town Council including the Mayor. 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 Mayor and Town Council
shall be printed in at least one (1) newspaper having a general circulation
in the Town and be posted in four (4) public places, including the
Town bulletin board and posted on the Town website for at least one
(1) week prior to the time set for the public hearing. In addition,
the notice shall be published at least one (1) week prior to the public
hearing in at least one (1) newspaper, posted in four (4) public places
as aforesaid, and on the Town website as to the date set for the said
public hearing. The resolution shall also state the hour and place
where and when the Mayor and Town Council shall sit to hear objections
and to award current market compensation to anyone who will be deprived
of property by the proposed change in the existing street structure
of the Town.
(3)
Whenever the Mayor and Town Council shall have determined to locate
or lay out or widen any street, land or alley and shall have affixed
compensation therefore, it shall be the duty of the Mayor and Town
Council immediately after the survey and location of said street,
lane 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 each such property owner, and if such owner be not a resident of
the Town, to notify the holder or tenant of said real estate and the
owner of such property if his/her address be known; that if there
be no holder or tenant resident in the 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 is dissatisfied with the amount of compensation
or damages allowed by the Town, as aforesaid, said property owner
may, within twenty (20) days after such notice, as aforesaid, was
posted or mailed, appeal from written notice of assessment or compensation
or damages by serving written notice by certified mail with return
receipt requested and postage prepaid, on the Mayor to the effect
that the property owner 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) 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 made up of five
(5) property owners of said county, three (3) of whom shall be residents
of the Town and two (2) of whom shall be non-residents 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 damages because of any other action taken
by the Town pursuant to the provisions hereof and who shall have notified
the said Mayor and Town Council of their intention to appeal, may
incur by reason thereof and to make a return of their proceeding to
the said Judge at the time therein appointed.
(4)
The property owners named to 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 Mayor and 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 Mayor and Town Council
may pay or tender the same to the person or persons entitled thereto
within thirty (30) days after the same shall be finally ascertained
or if the person or persons so entitled reside out of or are absent
from the Town during the said period of thirty (30) days, then the
same shall be deposited to his or her credit in a banking institution
that shall be designated by the Town Council, with offices in Sussex
County, Delaware, within said time and thereupon the said property
or lands may be taken or occupied for the use as aforesaid.
(5)
If the ascertainment and assessment of damages by those 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 or designee belonging to the Town, but if said damages shall
not be increased, the cost of the appeal shall be paid by the party
appealing. The said members of the commission shall receive and be
entitled for each day's actual service or of any part of a day the
sum of Five Dollars ($5.00). After the damages shall be fixed and
ascertained by the appointed property owners, the Mayor and 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 of the appeal 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)
Whenever the Mayor and Town Council shall have determined that any
sidewalk, curbing or paving adjacent to private property shall be
constructed, replaced or repaired, or any or all of them, the Town
shall cause a notice to be sent to the owner or owners along or in
front of whose premises the same is to be done, particularly designating
the nature and character thereof and thereupon it shall be the duty
of such owner or owners to cause such construction, repair or replacement,
or any of them, to be done in conformity with said notice and according
to Town specifications. In the event any owner or owners neglect to
comply with the said notice for the space of thirty (30) days, the
said Mayor and Town Council may proceed to have the same done and
when done, the Town Manager or designee shall, as soon as convenient
thereafter, present to the owner or owners of such lands a bill showing
expenses of such construction, repair or replacement, or any of them.
If such owner or owners be not resident in the Town of Milton, such
bills shall be sent by certified mail with postage prepaid to such
owner or owners at the last known address. If such bills be not paid
by the owner or owners of such lands within sixty (60) days after
the presentation thereof, as aforesaid, the Town Manager or designee
may proceed to collect the same in the same manner and under the same
terms and conditions as are provided for the collection of taxes.
(b)
Any notice sent to one co-owner shall be notice to all owners and
in the case no owners shall reside in said Town, notice served as
set forth herein or posted upon the premises shall be sufficient.
(c)
The provisions contained herein shall apply to any order made by
the Mayor and Town Council in respect to any sidewalk heretofore made
or done which the said Mayor and Town Council may deem insufficient
or need repairing.
(a)
In the collection of any charges due the Town for water rentals,
sewer service charges, electric bills, gas bills, license fees, tapping
fees, front footage assessments, charges growing out of the abatement
of nuisances, laying out and repairing sidewalks, or any of them,
such charges shall become a first lien against real estate of the
delinquent property owner and/or taxpayer situate within the Town,
and such charges shall have preference and priority for a period of
ten (10) years from the date the charge became due and owing, over
all other liens on real estate created or suffered by the taxable
property owner, although such 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 or designee for the collection
of such charges shall be the same as those set forth in this Charter
for the collection of delinquent taxes.
[Amended 9-15-2021 by 83 Del. Laws c. 157]
(a)
(1)
In addition to Section 29(38) and Section 29(41) of this Charter,
the Mayor and 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 Milton for all of the following:
(A)
To
provide funds for the erection, extension, enlargement, purchase,
or the repair of any plant, machinery, appliances, or equipment for
the supply or manufacture and distribution of electricity or gas for
light, heat, or power purposes.
(B)
For
the furnishing of water to the public.
(C)
For
the construction, repair, and improvements of highways, streets, or
lanes or the paving, curbing, or erection of gutters and curbs along
the highways, streets, or lanes.
(D)
For
the purchase of real estate for any municipal purpose.
(E)
For
the construction or repair of sewage disposal equipment.
(F)
To
defray the cost or the share of the Town of the costs of any permanent
municipal improvements.
(2)
The borrowing of money under this subsection must be authorized by
the Mayor and Town Council as follows:
(A)
The
Mayor and Town Council by resolution shall propose to the residents
and property owners of the Town that the Mayor and Town Council propose
to borrow a certain sum of money for any of the purposes under paragraph
(a)(1) of this section. The resolution must state the amount of money
desired to be borrowed, the purpose for which it is desired, the manner
of securing the loan, and all other pertinent facts relating to the
loan which are deemed pertinent by the Mayor and Town Council and
in the Mayor and Town Council's possession at the time of the passage
of the resolution and must fix a time and place for a hearing on the
resolution.
(B)
Notice
of the time and place of the hearing on the resolution authorizing
the loan must be published in 1 newspaper having a general circulation
in the Town, and may be distributed in circular form at least 1 week
before the time set for the public hearing. In addition, this same
information must be posted at the Town bulletin board and on the Town
website.
(C)
Following
the public hearing, a resolution must be passed by the Mayor and Town
Council ordering a special referendum to be held not less than 30
days nor more than 60 days after the public hearing to borrow the
money, the special referendum to be held for the purpose of voting
for or against the proposed loan. The passing of the resolution calling
a special referendum is to be considered the determination of the
Mayor and Town Council to proceed with the matter in issue.
(D)
The
notice of the time and place of holding the special referendum must
be published in 4 issues of at least 1 newspaper having a general
circulation in the Town of Milton within 30 days before the special
referendum and distributed in circular form at least 15 days before
the special referendum. The notice must also be posted in 4 public
places in the Town, including Town bulletin board, and on the Town
of Milton website.
(E)
At
the special referendum, every non-resident property owner owning property
within the Town of Milton, including those who have placed their property
in a revocable trust, has 1 vote. Every partnership or artificial
entity owning property within the Town of Milton has 1 vote. Notwithstanding
how many properties are owned by a single non-resident property owner,
partnership, or artificial entity, only 1 vote is allowed for each
non-resident property owner, partnership, or artificial entity. Every
person, male or female, who is at least 18 years old on the date of
the special referendum and who is a citizen of the United States and
a bona fide primary legal resident of the Town has 1 vote. A single
eligible person or entity may not enter more than 1 vote, even if
the person or entity qualifies to vote under more than one of the
applicable criteria. The votes in the special referendum may be cast
either in person or by absentee ballot.
(F)
The
Mayor and Town Council shall cause to be prepared, printed, and have
available for distribution a sufficient number of ballots not less
than 5 days before the special referendum. The special referendum,
at the discretion of the Mayor and Town Council, may be conducted
by the use of voting machines or by paper ballot. The Mayor by and
with advice and consent of the majority of the Town Council, shall
appoint 3 persons to act as a Board of Special Election. The polling
places must be open from 8:00 a.m., prevailing time, until 6:00 p.m.,
prevailing time, on the date set for the special referendum.
(G)
The
Board of Special Election shall count the votes for and against the
proposed loan and shall announce the result of the special referendum.
The Board of Special Election shall make a certificate under their
hands of the number of votes cast for and against the proposed loan
and the number of void votes and shall deliver the certificate to
the Mayor and Town Council. The certificate must be retained by the
Secretary of the Town Council with the other papers of the Town Council.
(H)
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, the provisions as to registration,
any callable or redemption provisions, and all other relative or pertinent
matters must be determined by the Mayor and Town Council after the
special referendum.
(I)
The
bond or bonds or certificates of indebtedness may be sold at public
or private sale.
(J)
The
Mayor and 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 bonds at the maturity of the bonds.
(K)
The
faith and credit of The Town of Milton is deemed to be pledged for
the due payment of the bonds and interest on the bonds issued under
this subsection when the bonds have been properly executed and delivered
for value.
(b)
The bonded
and non-bonded indebtedness may not at any time exceed in the aggregate
the total sum of 5% of the assessed value of real property and improvements
thereon situate within the limits of the Town shown by the last assessment
preceding the creation of the indebtedness.
(c)
Notwithstanding subsection (a) of this section, on the Town receiving notice of being granted 100% principal forgiveness from a federal, state, or local government funding source, a referendum vote is not required for any municipal project under this section. The Town Manager or designee shall proceed with the resolutions required under this section and public hearing on the project. If the Town is required to expend any funds on the project over the principal forgiveness value, the amount of expenditure and source of payment must be detailed in the resolutions required under this section
No action, suit or proceeding shall be brought, or maintained
against the Town of Milton for damages, either compensatory or punitive
on account of any physical injury or injuries, death or injury to
property by reason of the negligence, simple, gross, or willful or
wanton of the said Town of Milton, or any of its departments, officers,
agents, servants or employees unless the person or on behalf of whom
such claims or demand is asserted, within one year from the happening
of said injury or the suffering of such damages shall notify the Town
of Milton 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 by certified mail with return receipt requested
and postage prepaid.
It shall be the duty of the Mayor and Town Council, at reasonable
time or times, to compile the ordinances, current regulations, orders,
and rules of the Town of Milton. The Mayor and Town Council shall
provide copies of such compilations to Town Officials, shall have
copies available to the public for review at the Town Hall, and shall
post it on the Town website. From time to time, upon enactments of
amendments to ordinances, regulations, orders and rules, the Mayor
and Town Council shall enroll the same in the minutes of the Mayor
and Town Council, and shall update all official copies of the compilation
and make them public so that the same may be readily examined. The
Secretary of the Town Council shall furnish the Mayor of the Town
of Milton and Town officials updated compilations, shall update the
copies at the Town Hall, and on the Town website.
(a)
All powers conferred upon or vested in the Mayor and Town Council
of the Town 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 and/or the Mayor and Town Council precisely
as if each of said powers was expressly set forth in this Charter.
(b)
All ordinances adopted by the Mayor and Town Council 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 Mayor and Town Council of
under the provisions of this Charter.
(c)
All of the acts and doings of the Mayor and Town Council or of any
official of the Town which shall have been unlawfully done or performed
under the provisions of any law of this State or of any ordinance
of the Mayor and Town Council or under any provision of any prior
Charter of the Town, prior to the approval, acceptance and going into
effect of this Charter, are hereby ratified and confirmed, unless
otherwise provided herein.
(d)
All taxes, assessments, license fees, penalties, fines, and forfeitures
due the Town shall be due the Town and all debts from the Town shall
remain unimpaired until paid by the Town.
(e)
All powers granted by this Charter in respect to the collection of
taxes, license fees, assessments or other charges shall be deemed
to apply and extend to all unpaid taxes, license fees, assessments
or other charges heretofore lawfully imposed by the Mayor and Town
Council.
(f)
The bonds given by or on account of any official of the Town shall
not be impaired or affected by the provision of this Charter.
(g)
All acts or parts of acts inconsistent with or in conflict with the
provisions of this Charter are and the same are hereby repealed to
the extent of any such inconsistency.
(h)
If any part of this Charter shall be held to be unconstitutional
or invalid by a Court of competent jurisdiction, such holding shall
not be deemed to invalidate the remaining provisions of this Charter.
(i)
This Charter shall be taken as and deemed to be a Public Act of the
State of Delaware.
