The present boundaries and limits of The City of Lewes are hereby
established and declared to be as follows: Beginning at a point on
the Bay shore at the mouth of Broadkiln River and following said river
to a point where the Lewes River intersects, thence following said
Lewes River until it reaches the mouth of Canary Creek; thence following
said Canary Creek until it intersects a line drawn from Greenhill
Lighthouse to a point on the southwest side of Block House Pond and
Market Street; thence following said Market Street until it strikes
a division line between the lands of Sarah C. Wright and Eliza Metcalf;
thence following said division line to South Street; thence running
the same course between the lands of Dr. Hiram R. Burton and Virginia
L. Mustard across King Street to a point in George Robinson's field
about five hundred (500) feet from King Street; thence in an easterly
direction until it strikes the division line between the lands of
Robert Arnell and lands formerly of Dr. David Hall; thence following
said course until it strikes a ditch through Miss Mcllvaine's lands,
following said ditch to Lewes Creek; thence following said Creek in
a southeasterly direction until it strikes the former corporation
line: thence following said line to the Bay shore; thence following
the low watermark along said Bay shore to the place of beginning,
together with the following described tracts of land which were annexed
to the corporate limits of the Town of Lewes:
Parcel No. 1. Situate, lying and being southeast of and adjacent to a present southeast boundary line of the Town of Lewes described as "a ditch through Miss Mcllvaine's land." (See Laws of Delaware, Vol. No. 22, Chapter 199, Sec. 1, and Vol. No. 43, Chapter
170, Sec. 2, page 723.) Beginning for said Parcel No. 1 at a point in the present town line described as "a ditch through Miss Mcllvaine's land" where a ditch flowing northeast out of White's Pond and a ditch flowing north through lands now or formerly of Charles White, intersect and merge with said ditch flowing through lands formerly of Miss Mcllvaine, now lands of Fish Products Company. Said beginning point being also a corner for lands of Fish Products Company (formerly lands of Edith P. Melson) and lands now or formerly of Charles White. Thence from said beginning point, and with the division line between lands of Fish Products Company and lands now or formerly of Charles White and with bearings being referred to the true meridian, south 18° 37' east 445.17 feet to a stake; thence along line for lands of Fish Products Company and line for lands of Percy Schmierer north 71° 48' east 678.48 feet to the southwesterly side of Gills Neck Road; thence continuing same course north 71° 48' east 30 feet further to the northeasterly side of said Gills Neck Road; thence along the northeasterly side of said road south 17° 00' east 145.2 feet; thence with a line through lands of Fish Products Company, it being also the original division line between lands formerly of Jacob A. Marshall and lands formerly of Jane Mcllvaine, north 87° 43' east 594.0 feet; thence north 79° 37' east 49.5 feet; thence north 64° 07' east 693 feet or such distance as will reach the southwest bank of the Lewes and Rehoboth Canal; thence along the southerly bank of said canal in a northwesterly direction such a distance as will reach the mouth of the aforesaid ditch running through lands formerly of Jane Mcllvaine, now lands of Fish Products Company, the mouth of said ditch being located at the bend in the Gills Neck Road, and is north 17° 00' west 1005.8 feet from the end of the herein-described second course; thence up said ditch, which is a present boundary line for the Town of Lewes, in a southwesterly direction such a distance as will reach the place of beginning, containing 34.6 acres more or less. A plot entitled "Plot of the Lands in the Office of the Recorder of Deeds in and for Sussex County at Georgetown, Delaware in Plot Record No. 1, page 32."
Parcel No. 2. Situate lying and being adjacent to and west of the present west boundary lines of the Town of Lewes; as set out in Laws of Delaware, Vol. No. 22, Chapter 199, Sec. 1, and Vol. No. 43, Chapter
170, Sec. 2, page 723. Beginning for said parcel No. 2 at a point in the northwest side of Market Street and on the southwest side of Block House Pond in said Town of Lewes, Delaware. Said beginning point being the end of the third course, as described in Laws of Delaware Vol. No. 22, Chapter 199, Sec. 1, and the end of what is intended to be the fourth course in the description of the present town boundary lines found in Laws of Delaware, Vol. No. 43, Chapter
170, Sec. 2, page 723, but said fourth course being omitted therein. Thence from said beginning point, and with the northwesterly side of Market Street, south 43° 45' west (as surveyed in 1874 with bearing being referred to the magnetic meridian of that date) such a distance as will reach the southwesterly side of the street or road which lies between land of the Lewes Special School District and lands of the United States Government, known as "Fort Miles Hospital Area"; thence along the southwesterly side of said unnamed street, or road in a northwesterly direction such a distance as will reach the southeasterly side of Stanley Miller's subdivision known as "Highland Acres"; thence along the southeasterly line of said subdivision, Highland Acres, and line for lands of the United States Government or Fort Miles Hospital area, and in accord with a survey dated February 13, 1951, with bearings referred to the magnetic meridian of that date south 47° 58' west 274.69 feet to a concrete marker; thence south 46° 03' west 575.71 feet to a concrete market; thence along the southwesterly side of said subdivision, and line for lands of Lewes Graves (formerly lands of Delaware, Maryland and Virginia Railroad Company) north 49° 20' west 743.76 feet to a corner fence post, thence along the northwesterly side of said subdivision, and line for lands of William Russell north 46° 00' east such a distance as will reach the aforesaid fourth line of the town's present limits, namely, a line drawn from Greenhill Lighthouse to a point on the southwest side of Block House Pond and Market Street; thence following said line in a southeasterly direction to the place of beginning, let the area be what it may. In the event it should be determined that there still remains some land in the possession of the Lewes Special School District which lies beyond the corporate limits, then such additional lines as found necessary to include such lands of the Lewes Special School District shall be included and become a part of this description. A plot of the aforesaid subdivision, Highland Acres, is now of record in the Recorder of Deeds Office in and for Sussex County, at Georgetown Delaware, in Plot Record No. 2, page 32.
Parcel No. 3. Beginning at a point, said point being at the
intersection of lands of Highland Heights, Inc., the corporate limits
of the Town of Lewes and lands of Lewes Special School District; thence
South 43° 31' 47" west, such distance as is required to reach
a corner for these lands, lands now or formerly of William Russell
Heirs and Highland Acres subdivision; thence along and with the line
of lands now or formerly of William Russell Heirs, North 47° 47'
8" a distance of 497.56 feet to a point, said point being a corner
for these lands, lands now or formerly of William Russell Heirs and
lands now or formerly of John S. Wingate; thence by and with the division
line between these lands and lands now or formerly of John S. Wingate
north 43° 44' 45" east such distance as is required to reach the
present corporate limits of the Town of Lewes; thence in a southeasterly
direction by and with the present corporate limits of the Town of
Lewes, home to the place of beginning containing approximately seven
acres of land, more or less.
Parcel No. 4. Reference is made to an Act to Reincorporate the
City of Lewes, 125th General Assembly, House Bill 237, Approved June
19, 1969, and in particular to Section 2, entitled "Territory and
Limits."
It is to be noted that the present corporate limits of The City
of Lewes crosses Kings Street (Kings Highway) on a line established
by the division line between the lands of Hiram R. Burton and Virginia
L. Mustard (Oscar Warrington Farm) and extend to a point about 500
feet from King Street in George Robinsons Field (Now Lowder W. Mitchell).
Using this point as reference and continuing north eastward along
and with the present corporate limits of The City of Lewes for a distance
of about 100 feet to arrive at a point where the present corporate
limit line of The City of Lewes intersects the south westerly property
line of the W m. E. Walsh Farm. This point established as indicated
as the beginning point for the lands proposed for annexation as hereinafter
defined.
From this point beginning and proceeding north eastward along
and with the present corporate limit line of The City of Lewes thru
the lands of the Walsh farm to a point where the present corporate
limit line of The City of Lewes crosses the south westerly boundary
line of the land known as the Williams Tract (Now lands of Otis H.
Smith), thence along and with the property line between the Wm. E.
Walsh Farm and the Williams Tract S 49° 18' 20" E for a distance
of 640 feet more or less to a point on the property line of the Williams
Tract and a common corner for the Wm. E. Walsh Farm and the lands
now or formerly of J.G. Townsend, Jr. and Co. thence S 36° 56'
40" W along and with the lands of J.G. Townsend, Jr. and Co. for a
distance of 689.00 feet to a corner, thence S 53° 03' 20" E along
and with the lands of J.G. Townsend, Jr. and Co. for a distance of
610.00 feet to a corner, thence S 38° 18' 20" W, 532.42 feet along
and with the lands of J.S. Townsend. Jr. and Co. to a corner, thence
N 49° 41' 32" W along and with the lands of J.G. Townsend, Jr.
for a distance of 317.83 feet to a line concrete post, thence continuing
the same course along and with the lands of Lowder W. Mitchell for
a distance of 1,175 feet more or less to arrive at the point of beginning,
containing 28 1/2 acres more or less.
Parcel No. 5. Harborview subdivision.
Parcel No. 6. All that certain tract, piece and parcel of land,
situate, lying and being in Lewes and Rehoboth Hundred, Sussex County,
Delaware, and being more particularly described as follows: Beginning
at a point which is in the present southeastern boundary line of The
City of Lewes and in the eastern right-of-way line of Kings Highway;
thence along and with the eastern right-of-way line of Kings Highway
south 21 degrees 28 minutes 28 seconds west, a distance of 1,496.76
feet to a point in the eastern right-of-way line of Kings Highway;
thence turning and crossing Kings Highway north 68 degrees 31 minutes
31 seconds west a distance of 60 feet to a concrete monument marking
the western right-of-way line of Kings Highway and the southerly property
line of Jack Lingo Realty; thence along and with the southerly property
line of Jack Lingo Realty and the lands of Lewes Universal Enterprises
north 47 degrees 47 minutes 42 seconds west a distance of 1,904.40
feet to a concrete monument marking the southwesterly corner of Lewes
Universal Enterprises; thence north 39 degrees 22 minutes 08 seconds
east a distance of 456.60 feet to a concrete monument marking another
corner of lands of Lewes Universal Enterprises; thence north 50 degrees
37 minutes 52 seconds west a distance of 150 feet to the easterly
right-of-way line of Savannah Road; thence along and with the easterly
right-of-way line of Savannah Road north 39 degrees 22 minutes 08
seconds east a distance of 100.50 feet to a concrete monument, said
concrete monument marking a corner for these lands and lands now or
formerly of Oscar Warrington; thence along and with the division line
between the land now or formerly of Oscar Warrington and the lands
now or formerly of Lewes Universal Enterprises, south 47 degrees 42
minutes east a distance of 1,874 feet to a concrete monument, located
in the westerly right-of-way line of Kings Highway and marking a corner
for the lands now or formerly of Oscar Warrington, lands now or formerly
of Lewes Universal Enterprises; thence along and with the westerly
right-of-way line of Kings Highway north 21 degrees 28 minutes 28
seconds east a distance of 952.27 feet to a point in the southeasterly
boundary line of The City of Lewes; thence along and with the present
southeasterly corporate limits of The City of Lewes south 47 degrees
56 minutes 38 seconds east a distance of 64.08 feet, home to the place
of beginning, containing 25.274 acres of land, be the same more or
less.
Parcel No. 7. All that certain tract, piece and parcel of land,
situate, lying and being in Lewes and Rehoboth Hundred, Sussex County,
Delaware, and being more particularly described as follows: Beginning
at a point in the westerly corporate limit line of The City of Lewes,
said point marking a corner for the lands herein described and lands
of Hornkill Avenue Development; thence along and with the division
line between these lands and lands of Hornkill Avenue Development
south 39 degrees 45 minutes 54 seconds west a distance of 543.75 feet
to a point; thence south 53 degrees 27 minutes 46 seconds east a distance
of 427.64 feet; thence south 39 degrees 54 minutes 48 seconds west
a distance of 829.01 feet to a point; thence south 51 degrees 30 minutes
27 seconds east a distance of 923.40 feet to a point in the center
line of New Road (County Road No. 266); thence along and with the
center line of New Road south 39 degrees 58 minutes 40 seconds west
a distance of 367.34 feet; thence continuing along and with the center
line of New Road south 39 degrees 36 minutes 38 seconds west a distance
of 412.62 feet to a point, said point marking a corner for these lands
and lands now or formerly of Samuel C. Russell; thence along and with
the division line between these lands and lands now or formerly of
Samuel C. Russell north 49 degrees 27 minutes 36 seconds west a distance
of 1,104.04 feet to a point, said point marking a corner for these
lands and lands now or formerly of Samuel C. Russell; thence along
and with the division line between these lands and lands now or formerly
of Samuel C. Russell south 40 degrees 00 minutes 00 seconds west a
distance of 2,101.87 feet to a point in line of Canary Creek, and
marking a corner for these lands and lands now or formerly of Samuel
C. Russell; thence following the meanderings of Canary Creek and with
a survey tie line of north 63 degrees 29 minutes 14 seconds west a
distance of 967.24 feet to a point; thence north 39 degrees 30 minutes
00 seconds east a distance of 2,433.78 feet to a point; thence north
47 degrees 11 minutes 05 seconds west a distance of 856.60 feet to
a point; thence north 66 degrees 48 minutes 05 seconds west a distance
of 380.79 feet to a point; thence north 72 degrees 53 minutes 50 seconds
west a distance of 136.02 feet to a point; thence north 61 degrees
20 minutes 52 seconds west a distance of 1,753.67 feet to a point
in line of Canary Creek; thence following the meanderings of Canary
Creek with a survey tie line of north 44 degrees 02 minutes 07 seconds
east a distance of 1,704.51 feet to a point; thence continuing along
and with the meanderings of Canary Creek with a survey tie line of
north 40 degrees 09 minutes 17 seconds east a distance of 1,431.25
feet to a point in the westerly corporate limit line of The City of
Lewes; thence along and with the present westerly corporate limit
line of The City of Lewes in a southerly direction such distance as
is required to reach the point and place of beginning, containing
280 acres of land, be the same more or less.
Parcel No. 8. All that certain lot, piece or parcel of land
situated adjacent to the City of Lewes, Lewes and Rehoboth Hundred,
Sussex County, Delaware, being all of Parcel B as shown on a plan
prepared by Edward H. Richardson Associates, Inc., entitled "Perimeter
Survey of Lands Prepared for Bundensen-Paul, Incorporated," dated
8-2-82, also being more particularly referred to on a plan entitled
"Annexation Plan of Lands Prepared for Bundensen-Paul, Incorporated,"
also prepared by Richardson Associates, Inc., dated 8-2-82, said lot
lying southwesterly of but not adjacent to Pilottown Road (35' wide),
and being bounded as follows: On the north by lands now or late of
Pilottown Park (Tract No. 1); on the east by Parcel A (as shown on
the above noted plan), lands now or late of Rollins Investment Co.,
lands known as "Highland Heights," as shown on a survey performed
by Edward H. Richardson Associates, Inc., dated March 9, 1966, entitled
"Subdivision proposal No. 2-A"; on the south by Highland Acres Subdivision
as recorded in Plot Book No. 2, page No. 32, lands now or late of
Maryland, Delaware, Virginia Railway, and lands of Sweigert, Filter,
Burton & Hocker; on the west by Swanendael subdivision as recorded
in Plot Book No. 8. page No. 724, lands now or late of Martin A. Wells,
etux, and lands of 7-11 Dairy Markets, Inc., being more particularly
described as follows: Beginning at a point in line of lands now or
late of Pilottown Park, said point also being in line of the existing
City of Lewes corporate limits and located S 42° 24' 26.5" E 667.91'
from a found railroad spike in the physical center line of New Road,
said Spike as shown on a plan prepared by Mann Associates, Inc., entitled
"City Line and Hornkill Avenue Development," dated 11-19-80, said
point also being the following five (5) courses and distances from
the intersection of the southwesterly side of Pilottown Road (35'
wide) with the southeasterly side of New Road (35' wide), said intersection
being a found iron pipe:
1. S
56° 44' 55" E 595.04', measured along the southwesterly side of
Pilottown Road, to a point, a found iron pipe, a corner for lands
now or late of Alice Russell Smith and the said Parcel A, thence with
line of Parcel A;
2. S
36° 25' 54" W 149.75' to a point, a found iron pipe, thence continuing
with the same;
3. S
56° 10' 53" E 10.00' to a point, a found iron pipe, thence continuing
with the same;
4. S
37° 26' 49" W 785.47' to a point, a concrete monument, said line
entering a ditch at 778'± thence generally with the center
of the said ditch along Parcel A;
5. S
39° 05' 15" W 626.64' to a point, the point of beginning;
Thence from the said point of beginning the following eleven
(11) courses and distances;
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1.
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S 42° 24' 26.5" E 501.01', measured along the existing City
of Lewes corporate limits, to a point in line of lands of the said
Rollins Investment Co., thence with the same;
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2.
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S 38° 47' 55" W 817.78' to a point, a found iron pipe, thence
continuing with the same and generally with a ditch;
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3.
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S 49° 16' 18" E 539.16' to a point, a found iron pipe, thence
continuing with the same;
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4.
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N 46° 58' 09" E 70.30' to a point, a found concrete monument,
thence with line of the said Highland Heights and generally continuing
with the said ditch;
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5.
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S 52° 40' 40" E 490.62', passing over a found iron pipe
at 489.50', to a point, set concrete monument in line of the said
Highland Acres, thence leaving the said ditch a continuing in part
with line of Highland Acres, line of the said railway, and line of
Sweigert, Fitler, Burton & Hocker:
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6.
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S 38° 48' 01" W 1711.91', passing over found iron pipes
at 33.67' and 933.83' and a set concrete monument at 1411.91', to
a point in the center line of a branch of Canary Creek, thence with
the said center line and a long line of Swanendael Subdivision;
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7.
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N 69° 50' 14" W 1135.75' to a point, thence continuing with
the same;
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8.
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N 22° 40' 53" E 20.00' to a point, thence continuing with
the said Branch center line and in part with line of the said Wells
Lands, and also lands of 7-11 Dairy Markets, Inc.;
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9.
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N 86° 55' 23" W 440.23' to a point, thence continuing with
the said branch and Dairy Market Lands;
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10.
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N 60° 13' 40" W 111.46' to a point, a corner for lands of
the said Pilottown Park, thence with the same, in part generally with
the center of a ditch;
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11.
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N. 39° 04' 15" E 3160.48', passing over a set concrete monument
at 300' and entering the said ditch at 1,866'±, to a point,
the point of beginning.
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Containing within said metes and bounds 78.5889± acres.
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Track No. 1. All that certain tract, piece or parcel of land
situate, lying and being partly in the Town of Lewes and partly outside
of the boundaries of the Town of Lewes, Lewes and Rehoboth Hundred,
Sussex County, Delaware, adjoining the Lewes and Rehoboth Canal, lands
now or formerly of a certain Booker, adjoining now or formerly of
the Dunning heirs, adjoining the easterly side of the state highway
leading from Lewes to Nassau commonly known as "New Road," adjoining
lands now or formerly of Richard Derrickson, and adjoining the Canary
Creek and lands now or formerly of Gladys R. Toms, more particularly
described by a survey dated October 28, 1975, by Van Demark &
Lynch, Inc., Registered Engineers and Surveyors, as follows: Beginning
at a point which is 1,404.76 feet from the southeasterly point of
intersection of New Road formerly or also known as "Russell Avenue,"
said road having an existing right-of-way of thirty-five (35) feet,
and Pilottown Road in the Town of Lewes, which point is also a mark
for the division line between the Town of Lewes and county lands and
located on the edge of the southerly right-of-way of New Road; thence
south forty-two degrees (42°) twenty-four (24) minutes twenty-six
(26) seconds east along the division between lands within the town
limits of Lewes and lands outside the town limits for a distance of
650.24 feet to a point located in the center line of a certain ditch;
thence south thirty-nine degrees (39°) four (4) minutes five (5)
seconds west along and with the center line of said ditch until said
ditch comes to an end: thence continuing along the same course for
a total distance of 3,159.94 feet to a point in the center line of
Canary Creek; thence by and with the center line of Canary Creek north
sixty degrees (60°) thirteen (13) minutes forty (40) seconds west
for a distance of 646.90 feet to a point located on the southerly
right-of-way of New Road which point is south sixty degrees (60°)
thirteen (13) minutes forty (40) seconds east 17.64 feet from an existing
nail found in the center line of the said New Road; thence by and
with the southerly right-of-way of New Road north thirty-seven degrees
(37°) four (4) minutes thirty-eight (38) seconds east for a distance
of 919.47 feet to a set nail in said right-of-way; thence by and with
the southerly right-of-way of said New Road north thirty-nine degrees
(39°) twenty-eight (28) minutes twelve (12) seconds east for a
distance of 805.60 feet to a set nail in the southerly right-of-way
of said New Road; thence north thirty-nine degrees (39°) fifty-two
(52) minutes fifty-three (53) seconds east for a distance of 1,082.78
feet to a set nail in the southerly right-of-way of said New Road;
thence north thirty-nine degrees (39°) forty-three (43) minutes
two (2) seconds east for a distance of 553.69 feet home to the point
and place of beginning, being 49.21 acres of land, more or less.
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Parcel No. 9. All that certain tract, piece and parcel of land,
situate, lying and being contiguous to the present corporate limits
of The City of Lewes, located in Lewes and Rehoboth Hundred, Sussex
County, Delaware, and being more particularly described as follows:
Beginning at a concrete monument located on the boundary line between
these lands and other lands of the University of Delaware, said point
being in the present corporate limits of The City of Lewes; thence
along and with present corporate limits of the City of Lewes, said
line marking division line between these lands and other lands of
the University of Delaware, north forty-nine degrees (49°) twenty-seven
(27) minutes thirty-six (36) seconds west a distance of 1,104.04 feet
to a point, said point marking a corner for these lands and other
lands of the University of Delaware; thence along and with the division
line between these lands and other lands of the University of Delaware,
south forty degrees (40°) zero (00) minutes zero (00) seconds
west a distance of 1,580.38 feet to a point, said point marking a
corner for these lands and being located in the center line of Canary
Creek; thence in a southeasterly direction along with the center line
of Canary Creek such distance as is required to reach a point, said
point marking a corner for these lands and lands now or formerly of
Samuel C. Russell; thence along and with the division line between
these lands and lands now or formerly of Samuel C. Russell, north
forty-two degrees (42°) fifty-nine (59) minutes twenty-two (22)
seconds east a distance of 1,432.21 feet to an iron pipe, said iron
pipe marking a corner for these lands and lands now or formerly of
Samuel C. Russell; thence along and with the division line between
these lands and lands now or formerly of Samuel C. Russell, south
forty-nine degree (49°) twenty-seven (27) minutes thirty-six (36)
seconds east a distance of three hundred (300) feet to a concrete
monument, said concrete monument making a corner for these lands and
lands now or formerly of Samuel C. Russell; thence north thirty-nine
degrees (39°) fourteen (14) minutes thirty-two (32) seconds east
a distance two hundred fifty (250) feet, home to the place of beginning,
containing 29.336 acres of land, be the same more or less, as shown
on a plot prepared by Vandemark & Lynch, Inc., dated September
23, 1992, and being the same lands conveyed to the University of Delaware
by deed of Marine Program Associates, Inc., dated March 19, 1986,
of record in the office of the Recorder of Deeds, in and for Sussex
County, in Deed Book 1405 at Page 59.
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Parcel No. 10. All that certain tract, piece and parcel of land,
situate, lying and being in Lewes and Rehoboth Hundred, Sussex County,
Delaware, adjoining the present corporate limits of The City of Lewes
and being more particularly described as follows: Beginning at a point,
said point marking for these lands and a corner for the present corporate
limits of The City of Lewes and being in the northwestern right-of-way
line of Kings Highway; thence along and with the northwestern right-of-way
line of Kings Highway, south 29 degrees, 30 minutes west a distance
of 10 feet to a concrete monument, said concrete monument marking
a corner for these lands and lands now or formerly of Oscar H. Warrington,
Jr. and Thelma M. Warrington, his wife; thence along and with the
division line between these lands and lands now or formerly of Oscar
H. Warrington, Jr., and Thelma M. Warrington, his wife, north 57 degrees,
51 minutes, 56 seconds west a distance of 127.04 feet to an iron pipe;
thence south 32 degrees 08 minutes 04 seconds west a distance of 25
feet to an iron pipe; thence north 52 degrees, 42 minutes 35 seconds
west a distance of 209 feet to an iron pipe; thence north 28 degrees,
16 minutes, 59 seconds east a distance of 121.61 feet to an iron pipe;
said iron pipe being located in the present corporate limits of The
City of Lewes; thence along and with the present corporate limits
of The City of Lewes, south 40 degrees, 49 minutes, 16 seconds east
a distance of 358.65 feet, home to the place of beginning, containing
24,256 square feet of land, be the same more or less as shown on a
survey prepared by Wingate & Eschenbach dated August 24, 1993.
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Parcel No. 11, All that certain lot, piece or parcel of land,
with improvements thereon erected, situated in the 10th election district,
Sussex County and State of Delaware, lying on the southeast side of
Savannah Road (US Route 9), being bounded on the northeast in part
by lands now or formerly of Sue Ann Warrington, lands now or formerly
of Oscar and Mary Warrington, III and other lands now or formerly
of Oscar H. and Thelma Warrington, Jr., on the southeast by Kings
Highway (County Road 268), on the southwest in part by lands now or
formerly of Arlington Heights Prop., lands now or formerly of Prime
Inc., lands now or formerly of McMahon Bros. and lands now or formerly
of Henlopen Gardens, on the northwest in part by Savannah Road (US
Route 9) and lands now or formerly of Sue Ann Warrington and being
more particularly described as follows, to-wit; Beginning at a found
iron rod in the southeast right-of-way line of Savannah Road (US Route
9) at a corner for this parcel and lands now or formerly of Henlopen
Gardens, said point of beginning also being a corner for the city
limits boundary of the City of Lewes; thence running from said point
of beginning with the southeast right-of-way line of Savannah Road
(US Route 9), North 46 degrees 01 minutes 06 seconds East, a distance
of 268.90 feet to a point at a corner for this parcel and lands now
or formerly of Sue Ann Warrington on the following two (2) courses:
(1) South 44 degrees 14 minutes 16 seconds East, a distance of 272.24
feet to a found iron pipe; (2) North 48 degrees 41 minutes 05 seconds
East, a distance of 109.14 feet to a found iron pipe at a corner for
this parcel and lands now or formerly of Oscar and Mary Warrington.
III; thence turning and running with lands now or formerly of Oscar
and Mary Warrington, III. South 44 degrees 18 minutes 16 seconds East
a distance of 195.25 feet to a point at a corner for this parcel and
other lands now or formerly of Oscar H. and Thelma Warrington. Jr.;
thence turning and running with other lands now or formerly of Oscar
H. and Thelma Warrington, Jr. on the following three (3) courses:
(1) South 41 degrees 46 minutes 51 seconds East, a distance of 787.25
feet to a set iron rod; (2) South 48 degrees 17 minutes 06 seconds
East, a distance of 154.61 feet to a found iron pipe; (3) South 58
degrees 51 minutes 54 seconds East, a distance of 293.70 feet to a
found iron pipe in the northwest right-of-way line of Kings Highway
(County Road 268); thence turning and running with the northwest right-of-way
line of Kings Highway (County Road 268), South 27 degrees 36 minutes
07 seconds West, a distance of 552.28 feet to a set iron rod at a
corner for this parcel and lands now or formerly of Arlington Heights
Property, said point also being a corner for the city limits boundary
of the City of Lewes; thence turning and running in part with lands
now or formerly of Arlington heights Prop., lands now or formerly
of Prime Inc., lands now or formerly of McMahon Bros., lands now or
formerly of Henlopen Gardens and the Lewes city limits boundary North
41 degrees 18 minutes 47 seconds West, a distance of 1873.85 feet
to the point and place of beginning and containing 16.45 acres of
land, be the same more or less.
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Parcel No. 12. Certain lands known as "Savannah Place", a development
contiguous to the present southerly limits of The City of Lewes, Lots
known as numbers 1-38, and the street known as "Savannah Circle",
all located on the west side of Savannah Road (State Road 18/U.S.
Route 9) and the north side of Donovan Road (County Road 263), as
shown on Revised Record Subdivision Plan Savannah Place, dated May
12, 1983, and recorded in the Office of the Recorder of Deeds, in
and for Sussex County, at Georgetown, Delaware, in Plot Book 36, page
255, Tax Map numbers 3-35-8.14-50-88, 22.74 acres, more or less.
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Parcel No. 13. Certain lands known as "Highland Acres" and a
portion of Sussex Drive, beginning at a concrete monument, said monument
being the westerly point of the Sussex Drive right-of-way at the entrance
to Highland Acres; thence 465.00 feet in a S 48 degrees 52 minutes
40 seconds E direction to a point on the Sussex Drive right-of-way
at the northeast corner of Tax Map 335-8.11 Parcel 29; thence 50.00
feet in a N 41 degrees 7 minutes 20 seconds E direction to a point
on the Sussex Drive right-of-way; thence 457.17 feet in a N 48 degrees
52 minutes 40 seconds W direction to a point on the Sussex Drive right-of-way
at the entrance to Highland Acres; thence 826.81 feet in a N 44 degrees
52 minutes 00 seconds E direction to a point at the southeast corner
of the Highland Acres Subdivision; thence 743.40 feet in a N 40 degrees
16 minutes 00 seconds W direction to point at the northeast corner
of the Highland Acres Subdivision; thence 2183.85 feet +/- in a S
46 degrees 00 minutes 00 seconds W direction to a point at the northwest
corner of the Highland Acres Subdivision; thence 248 feet +/- in a
southeast direction along the approximate centerline of a Branch of
Canary Creek to a point at the southeast corner of Sussex County Tax
Map No. 335-8.10 Parcel 51; thence 101.52 feet +/- in an approximate
S 57 degrees 50 minutes 13 seconds E direction along the approximate
centerline of a Branch of Canary Creek to a point at the southeast
corner of Sussex County Tax Map No. 335-8.10 Parcel 14; thence 107.02
feet in a S 23 degrees 04 minutes 55 seconds E direction along the
tie-line connecting the southwest and southeast corners of Sussex
County Tax Map No. 335-8, 10 Parcel 13 near the centerline of a Branch
of Canary Creek to a point at the southeast corner of Parcel 13; thence
332.92 feet in a S 18 degrees 16 minutes 56 seconds E direction along
the centerline of a Branch of Canary Creek to a point at the southwest
corner of the Highland Acres Subdivision; thence 1125.42 feet +/-
in a N 46 degrees 03 minutes 00 seconds E direction to a point; thence
274.69 feet in a N 47 degrees 58 minutes 00 seconds E direction to
a concrete monument and the place of beginning. (Amended as approved
12-11-1972; 4-12-1982; 12-13-1982; 1-31-1987; 4-29-1993; 11-8-1993; 2-3-1997; 8-4-2015)
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In the event it becomes feasible and necessary for the future
of The City of Lewes to enlarge its then existing limits and territory,
such annexation accomplished with the following procedure shall be
lawful:
(a) If all the property owners of a territory contiguous to the then
existing corporate limits and territory of The City of Lewes, by written
petition, with the signature of each such petitioner duly acknowledged,
shall request the City Council to annex that certain territory in
which they own property, the Mayor of The City of Lewes shall appoint
a committee composed of not less than three (3) of the elected members
of the City Council to investigate the possibility of annexation.
The petition presented to the City Council shall include the description
of the territory requested to be annexed and the reasons for requested
annexation. Not later than ninety (90) days following its appointment
by the Mayor, as aforesaid, the committee shall submit a written report
containing its findings and conclusions to the City Council of The
City of Lewes. The report so submitted shall include the advantages
and disadvantages of the proposed annexation both to the city and
to the territory proposed to be annexed and shall contain the recommendation
of the committee whether or not to proceed with the proposed annexation
and the reasons therefor. In the event that the committee appointed
by the Mayor concludes that the proposed annexation is advantageous
both to the city and to the territory proposed to be annexed, the
City Council may then pass a second resolution annexing such territory
to The City of Lewes. Such resolution shall be passed by the affirmative
vote of two-thirds (2/3) of all the members of the City Council. In
the event that the committee appointed by the Mayor concludes that
the proposed annexation is disadvantageous either to the city or to
the territory proposed to be annexed, the procedures to be filed shall
be the same as hereinafter provided as if the annexation were proposed
by five (5) or more property owners but less than all of the property
owners of a territory contiguous to the then limits and territory
of The City of Lewes.
(b) If five (5) or more, but not all the property owners resident in
a territory contiguous to the then limits and territory of The City
of Lewes, by written petition with the signature of each such petitioner
duly acknowledged, shall request the City Council to annex that certain
territory in which they reside and own property, the Mayor of The
City of Lewes shall appoint a committee composed of not less than
three (3) of the elected members of the City Council to investigate
the possibility of annexation. The petition presented to the City
Council shall include a description of the territory requested to
be annexed and the reasons for the requested annexation; or the City
Council, by a majority vote of the elected members thereof, may, by
resolution, propose that a committee, composed of not less than three
(3) of the elected members of said City Council, be appointed by the
Mayor to investigate the possibility of annexing any certain territory
contiguous to the then limits and territory of The City of Lewes.
(c) Not later than ninety (90) days following its appointment by the
Mayor, as aforesaid, the committee shall submit a written report containing
its findings and conclusions to the City Council. The reports so submitted
shall include the advantages and disadvantages of the proposed annexation
both to the City and to the territory proposed to be annexed and shall
contain the committee's recommendations whether or not to proceed
with the proposed annexation and the reasons therefor. In the event
that the committee appointed by the Mayor concludes that the proposed
annexation is advantageous both to the City and to the territory proposed
to be annexed, within sixty (60) days after receiving the report,
a second Resolution shall then be passed by the City Council proposing
to the property owners and leaseholders of both the city and the territory
proposed to be annexed that the City proposes to annex certain territory
contiguous to its then limits and territory. In the event that the
committee appointed by the Mayor concludes that the proposed annexation
is disadvantageous either to the City or to the territory proposed
to be annexed, within thirty (30) days after receiving the report
of the committee, the resolution proposing to the property owners
and leaseholders of both the city and the territory proposed to be
annexed shall be passed by the affirmative vote of two-thirds (2/3)
of the elected members of the City Council. For purposes of this Section,
"leaseholder" has the same meaning as provided in Section 1(b) of
this Charter. If the resolution shall fail to receive the affirmative
vote of two-thirds (2/3) of the elected members of the City Council,
the territory proposed to be annexed shall not again be considered
for annexation for a period of one (1) year from the date that the
resolution failed to receive the required affirmative vote. The second
Resolution shall contain a description of the territory proposed to
be annexed and shall fix a time and place for a public hearing on
the subject of the proposed annexation. The resolution adopted by
the City Council setting forth the above information shall be printed
in a newspaper published in The City of Lewes at least one (1) week
prior to the date set for the public hearing, or, if no newspaper
is published in the City, publication shall be had in a newspaper
having a general circulation both in the City and in the territory
proposed to be annexed, or, at the discretion of the City Council,
said resolution shall be posted in five (5) public places both in
the City and in the territory proposed to be annexed.
(d) Following the public hearing, but in no event later than thirty (30)
days thereafter, a resolution may then be passed by a majority of
the City Council ordering a Special Election to be held not less than
thirty (30) days nor more than sixty (60) days after the said public
hearing on the subject of the proposed annexation. The passage of
this resolution shall ipso facto be considered the City Council's
determination to proceed with the matter of the proposed annexation.
(e) The notice of the time and place of holding the said Special Election
shall be printed within thirty (30) days immediately preceding the
date of the Special Election in at least two (2) issues of a newspaper
published in the city, or, if no newspaper is published in the city,
the notice may be printed within thirty (30) days immediately preceding
the date of the Special Election in two (2) issues of a newspaper
having a general circulation both in the city and in the territory
proposed to be annexed, or, in the discretion of the City Council,
said notice may be posted in five (5) places both in the city and
in the territory proposed to be annexed, at least fifteen (15) days
prior to the date of the Special Election.
(f) At the Special Election every property owner, whether a natural or
artificial person, including but not limited to partnership, trust,
corporation, or limited liability company, both in The City of Lewes
and in the territory proposed to be annexed, shall have one (1) vote.
In the case of property owned by husband and wife jointly, the husband
and wife shall each have one (1) vote. In the event that a natural
or artificial person owns property or is a leaseholder both in The
City of Lewes and in the territory proposed to be annexed, and resides
in either place, he may vote only where he resides. In the event that
a person owns property or is a leaseholder, or both, in both The City
of Lewes and in the territory proposed to be annexed, but does not
reside in either place, he may vote only in The City of Lewes and
not in the territory proposed to be annexed. Property owners and leaseholders
whose property is exempt from taxation or is not assessed for taxation
shall not be entitled to vote. The books and records of The City of
Lewes in the case of property owners or leaseholders of the City and
the books and records of the Board of Assessment of Sussex County
in the case of property owners or leaseholders of the territory proposed
to be annexed shall be conclusive evidence of the right of such property
owners and leaseholders to vote at the Special Election.
(g) Any qualified voter unable to appear at the Special Election may
cast an absentee ballot. The procedures for absentee voting shall
conform to the applicable provisions of Title 15 of the Delaware Code,
Chapter 75, Subchapter V, established for absentee voting in annual
municipal elections.
(h) The City Council shall determine by resolution whether paper ballots
or voting machines are to be used at the said Special Election. In
any event, the form of ballot shall be as follows:
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[__]
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For the proposed annexation.
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[__]
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Against the proposed annexation.
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PLEASE MARK YOUR PREFERENCE
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(i) The Mayor shall appoint three (3) persons to act as a Board of Special
Election, at least one (1) of whom must reside and be the owner or
leaseholder, as defined herein, of property in the City, and at least
one (1) of whom must reside and be the owner or leaseholder, as defined
herein, of property in the territory proposed to be annexed. One (1)
of said persons so appointed shall be designated the presiding officer.
Voting shall be conducted in the City Hall, and the Board of Election
shall have available, clearly marked, two (2) ballot boxes. All ballots
cast by those persons, partnerships or corporations authorized to
vote as property owners or leaseholders, as defined herein, in the
territory proposed to be annexed shall be deposited in one (1) such
ballot box, and all ballots cast by those persons, partnerships or
corporations who are authorized to vote as property owners or leaseholders
of the City shall be deposited in the other such ballot box. The polling
places shall be open from 12:00 noon, prevailing time, until 7:00
in the evening, prevailing time, on the date set for the Special Election.
(j) Immediately upon the closing of the polling place, the Board of Special
Election shall count the ballots for and against the proposed annexation
and shall announce the result thereof; the Board of Special Election
shall make a certificate under their hands of the votes cast for and
against the proposed annexation and the number of void votes and shall
deliver the same to the City Council. Said certificate shall be filed
with the papers of the Council.
(k) In order for the territory proposed to be annexed to be considered
annexed, a majority of the votes cast both annexed must have been
cast in favor of the proposed annexation. In the event that the Special
Election results in an unfavorable vote for annexation, no part of
the territory considered at the Special Election for annexation shall
again be considered for annexation for a period of at least one (1)
year from the date of said Special Election. If a favorable vote for
annexation shall have been cast, the City Council of The City of Lewes
shall cause a description and a plot of the territory so annexed to
be recorded in the Office of the Recorder of Deeds, in and for Sussex
County, in Georgetown, Delaware, but in no event shall said recordation
be completed more than ninety (90) days following the favorable referendum.
The territory considered for annexation shall be considered to be
a part of The City of Lewes from the time of recordation. 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 ninety-day period from the
date of the favorable Special Election.
(l)
Additional Annexation Procedures.
1. If the territory proposed to be annexed includes only territory which
is exempt from taxation, which is owned by the State of Delaware,
or which is not assessed on the books of the Board of Assessment of
Sussex County, no election shall be necessary and the City Council
may proceed to annex such territory by (1) receiving a certified copy
of a Resolution requesting such annexation if such property is owned
by a corporation; (2) by a written Petition with the signature of
each such Petitioner duly acknowledged if such property is owned by
an individual, requesting the City Council to annex that certain territory
in which they own property; or (3) by resolution of the City Council.
2. The certified copy of the Resolution or the Petition shall include
a description of the territory requested to be annexed, the zoning
designation to be applied, and the reasons for the requested annexation.
3. Upon receipt of the certified copy of the Resolution or the Petition,
the Mayor shall, by resolution, appoint a committee composed of not
less than three (3) of the members of the Council to investigate the
possibility of annexation.
4. Not later than ninety (90) days following its appointment by the
Mayor, as aforesaid, the Committee shall submit a written report containing
its findings and conclusions to the City Council. The report so submitted
shall include the advantages and disadvantages of the proposed annexation
both to the City and to the territory proposed to be annexed and shall
contain the recommendation of the Committee whether or not to proceed
with the proposed annexation and the reasons therefor as well as its
recommendation for zoning.
5. In the event that the Committee appointed by the Mayor concludes
that the proposed annexation is advantageous both to the City and
to the territory proposed to be annexed, the City Council may then
pass a second Resolution fixing a time and place for a public hearing
on the subject of the proposed zoning to be applied to the property
proposed for annexation. Such Resolution, to be effective, shall be
passed by the affirmative vote of a majority of all the members of
the City Council.
6. Following the public hearing, the City Council may then pass a third
Resolution annexing such territory to the City and designating the
zoning district of said territory. Such Resolution shall be passed
by the affirmative vote of a majority of all the members of City Council.
7. If the Resolution fails to receive the required number of votes,
no part of the territory proposed for annexation shall again be proposed
for annexation for a period of one (1) year from the date that the
Resolution failed to receive the required votes.
8. If the Resolution receives the required number of votes, the City
Council shall cause a description and a plot of the territory so annexed
to be recorded in the Office of the Recorder of Deeds, in and for
Sussex County, and in no event shall such recordation be completed
more than ninety (90) days following the passage of the Resolution.
The territory considered for annexation shall be considered to be
a part of the City from the time of recordation. The failure of the
City Council to record the description and plot within the time hereinbefore
specified shall not make the annexation invalid, but such annexation
shall be deemed to be effective at the expiration of the ninety (90)
day period from the date of the passage of the Resolution.
(m)
Annexation Agreement.
1. Notwithstanding any provision herein to the contrary, where, pursuant
to this § 3 of this Charter, annexation proceedings are
initiated by a property owner(s) holding record title to real property
in territory contiguous to the then existing corporate limits of the
City, such petition may be made contingent upon an annexation agreement
with the City which agreement may address any matters which would
be relevant to the subject lands, if annexed. By way of example and
not in limitation, such agreement may address zoning, subdivision
approval, tax relief, public utilities, and public improvements. In
the event the City Council approves such an agreement and votes to
accept a petition under this § 3 of this Charter, such Annexation
Agreement shall be deemed a material part of the annexation and shall
be included in all subsequent steps of the annexation procedure; that
is, (1) the resolutions and notices adopted by the City Council shall
recite that the proposed annexation includes and is subject to an
annexation agreement, shall briefly summarize its terms, and shall
state that copies of the Agreement are available upon request at the
City Hall; (2) if the results of the election are favorable to the
proposed annexation as provided by this Charter, the resolution annexing
the territory shall recite that the annexation is subject to an annexation
agreement and shall incorporate the terms of such agreement by specific
reference; and the parties shall be bound to honor the provisions
of such agreement unless released therefrom by the other party.
2. Provided, further, that no agreement made at the time of annexation
under this Subsection (m) shall extend beyond seven (7) years from
the date the property is annexed into the City; and such agreements
shall be null and void, and unenforceable after the expiration of
seven (7) years.
3. An annexation agreement may be modified or amended by mutual agreement
of the petitioner and the City Council at any time prior to the resolution
ordering the special election pursuant to this Charter, but any material
modification or amendment shall be deemed to be the withdrawal of
the original petition and the filing of a new petition under this
Charter.
(n) Highways, Streets, Roads and Alleys; Ponds, Canals, Streams, and
Other Waters. Contiguity with the City's existing corporate limits,
or with other territory which is itself contiguous with the City's
existing corporate limits, shall not be deemed interrupted by the
existence of any highway, street, road, alley, pond, canal, stream,
or other body of water which passes through, or lies within the territory
to be annexed.
(o)
Limitations. No action contesting
the annexation of any territory under this section shall be brought
after the expiration of sixty (60) days from the publication of a
notice in at least two (2) newspapers, both of general circulation
in the City and in the territory annexed, which notice shall contain
the following information:
1. Notice that the City has annexed such territory and a description
thereof.
2. Notice that any person or other legal entity desiring to challenge
such annexation must bring his or her or its action within sixty (60)
days from the date of publication of such notice or forever be barred
from doing so.
(Amended as approved 7-6-1993; 7-16-1999; 6-26-2008; 8-4-2015;
8-30-2017)
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The qualifications for Mayor and for City Council Person at
the time of this election shall be as follows:
(a) A bona fide citizen of the United States and of the State of Delaware
and a resident of The City of Lewes for at least one (1) year next
preceding the date of the annual election.
(b) At least twenty-one (21) years of age; and
(c) Shall not have been convicted of a felony.
(d) Each of the qualifications for the Mayor and for the City Council
Persons shall be continuing qualifications to hold office, and the
failure of either the Mayor or any of the City council Persons to
have any of the qualifications required by this section during his
term of office shall create a vacancy in the office.
(e) A candidate for Mayor shall have been a qualified voter of the City
of Lewes for at least one year prior to the date of the election.
(Amended as approved 7-26-1972; 7-8-1989; 7-6-1993; 6-26-2008)
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Each candidate for Mayor and City Council Person shall be nominated
as follows:
(a) Each candidate shall notify the City Manager in writing of his candidacy
for the office of either Mayor or City Council Person, or five (5)
or more persons qualified to vote in the Annual Election may file
the name of the candidate for the office of Mayor or City council
Person with the City Manager, provided that the candidate endorses
his written consent thereon.
(b) All such notifications of candidacy shall be filed at the office
of the City Manager during the regular business hours of the city
not earlier than the opening of business on March 1 and prior to 4:30
p.m. prevailing time on the first Thursday in April, and thereon it
shall be the duty of the City Manager to deliver all notifications
of candidacy or nominations for candidacy to the City Council at the
regular meeting of the City Council in April of each year at which
time the City Council shall sit in open meeting to hear the recommendations
of the City Manager concerning the qualifications of each candidate.
The City Council shall act upon the recommendation of the City Manager
concerning each candidate. The Mayor and City Council, by a majority
vote of its disinterested members, shall be the sole and final judge
of the qualifications of its members and shall interpret and apply
the standards set in this Charter.
(c) In the event that the City Manager is unable to act because of illness, absence or for any other reason whatsoever, the names of all candidates shall be filed with the Deputy Mayor of the city who shall thereupon perform the duties required of the City Manager in Subsection
(b) of this section.
(d) The procedures enacted by the General Assembly as Subchapter IV,
Municipal Elections Except for the City of Wilmington and Subchapter
V, Absentee Voting in Municipal Elections Except for the City of Wilmington,
Chapter 75, Title 15, Del. C., shall receive compliance and are included
and incorporated herein by reference.
(Amended as approved 7-6-1989; 7-6-1993; 6-26-2008; 8-4-2015)
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The procedure for holding the Annual Municipal Election is as
follows:
(a) A municipal election of the City of Lewes must be conducted under
Subchapters IV and V, Chapter 75 of Title 15 of the Delaware Code.
The Annual Municipal Election must be held annually at the City Hall
in The City of Lewes on the second Saturday in May from 8:00 in the
morning, prevailing time, until 6:00 in the evening, prevailing time.
A notice of the election must be given under the applicable provisions
of 15 Del. C. § 7501, et seq., but the City Council may
reschedule the election due to a State of Emergency declared by the
Governor.
(b) The 4 offices of Councilperson of Lewes and the office of Mayor of
Lewes are elective and for terms of 3 years each.
(d)
(1) The City may by ordinance choose to use the State's Voter Registration
System as the source of its list of registered voters.
(2) At an Annual Municipal Election, each person, male or female, who
is at least 18 years old on the date of the Annual Municipal Election
and is a citizen of the United States and a citizen of The City of
Lewes has 1 vote, if the person is registered on the Books of Registered
Voters of The City of Lewes or, if the City has chosen, in the State's
Voter Registration System, and shows proof of identity and address.
For the purposes of this Section, a citizen of The City of Lewes includes
a person who is a qualified voter of the State of Delaware and is
a bona fide domiciliary of the City of Lewes.
(3)
a. If
the City Council has not chosen to use the State's Voter Registration
System, the City Council of The City of Lewes shall provide 2 registers
to be known as the "Books of Registered Voters" which must be kept
at the office of the City Manager. The Books of Registered Voters
must include all of the following information for each registrant:
1. The
name of each registered voter arranged in alphabetical order.
2. The
address of each registered voter.
3. The
proven age of each registered voter.
4. The
date each registered voter became a citizen of the United States.
5. The
date each registered voter became a domiciliary of The City of Lewes.
6. Any
other pertinent information.
b. A person
may not be registered on the Books of Registered Voters unless the
person is qualified to vote in the Annual Municipal Election for the
year in which the person registers. A person is required to register
only 1 time, but if a registered voter fails to vote in 2 consecutive
annual municipal elections in which there is a contest for an office,
the registered voter's name must be removed from the Books of Registered
Voters and notice must be sent to the registered voter at the registered
voter's last known address by registered mail with return receipt
requested advising that the registered voter's name has been removed
from the Books of Registered Voters and that the registered voter
must register again to vote in the Annual Municipal Election.
(4) A person
may register at City Hall during City Hall's regular business hours
until the close of business on the 15th day before the date of the
Annual Municipal Election, by completing a form the City may provide.
The City Council may provide by resolution for the Office of the City
Manager to be open on 1 Saturday within the 30-day period immediately
preceding the date of the Annual Municipal Election, to permit registration
to vote in the Annual Municipal Election.
(e) The City Council of The City of Lewes may, by ordinance, permit a
qualified registered voter to cast an absentee ballot if the registered
voter is unable to appear and cast the registered voter's ballot.
(f) If no person files or is nominated for an office for which an election
is to be held within the time under in Section 6 of this Charter,
the incumbent is deemed to be re-elected for a full term if the incumbent
agrees to serve, and it is not necessary to hold an election. If the
incumbent does not agree to serve, the vacancy must be filled under
Section 12 of this Charter.
(j)
(1) Upon the close of an election, the votes must be read and counted
publicly.
(2) In the case of an election of a Councilperson, the person having
the highest number of votes must be declared to be elected.
(3) In the case of the election of a Mayor, the person having the highest
number of votes must be declared to be elected.
(4) In
the case of the election of either a Councilperson or a Mayor, the
person shall continue in Office during the term for which the person
was elected or until the person's successor is duly elected or appointed
and qualified.
(k) The Board of Election shall enter in a book to be provided for that
purpose minutes of the election containing the names of each person
elected. The Board of Election shall subscribe the same and shall
make and deliver to the person elected certificates of the person's
election. The book containing the minutes, the ballots, and the list
of those persons who voted must be delivered to the City Manager,
who shall preserve the book. The book may be evidence in a court of
law or equity.
(l) If 2 or more candidates for the office of Councilperson or for Mayor
receive an equal number of votes so that there is not an election
of a Councilperson or Mayor, the incumbent Councilperson or Mayor
continues in Office until a run-off election is held under this Charter.
The Board of Election shall declare the election a tie and shall report
that result to the Mayor and the City Council. A Special Election
between those candidates where a tie resulted must be held under the
same rules under this Charter. A person may not register to vote following
the Annual Municipal Election and before the Special Election to vote
at the Special Election.
(Amended as approved 7-26-1972; 3-25-1975; 6-29-1987; 7-6-1993;
2-3-2004; 6-26-2008; 7-18-2012; 8-4-2015; 9-15-2021)
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The City Council of The City of Lewes shall hold one (1) meeting
in each month on the second Monday of the month, provided, however,
that the meeting held in the month of May shall be more than seven
(7) days following the date of the Annual Municipal Election or runoff
election whichever is later. If the date of the regular meeting shall
be a legal holiday or a quorum cannot be obtained, the monthly meeting
of the City Council of the City of Lewes shall be held on another
day within the same month. Special meetings shall be called by the
Secretary upon the written request of the Mayor of The City of Lewes
or upon the written request of any other two (2) members of the City
Council of The City of Lewes, stating the day, hour and place of the
special meeting requested and the subject or subjects proposed to
be considered thereat. The Secretary shall thereon give written notice
to the Mayor and to each member of the City Council of the day, hour
and place of such special meeting and the subject or subjects to be
considered thereat. Such notice of the Secretary must be deposited
in the United States mail in the main post office of The City of Lewes
at least forty-eight (48) hours before the time of such special meeting,
provided that a written waiver of such notice, signed by the Mayor
of The City of Lewes and by all members of the City Council prior
to or immediately upon the convening of such special meeting, shall
make such written notice unnecessary and shall authorize and make
valid the holding of a special meeting at any time named in such waiver
and the transaction of any other business at the meeting, if the waiver
so states.
(Amended as approved 7-16-1999; 2-3-2004; 6-26-2008)
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A majority of the members elected to the City Council shall
constitute a quorum at any regular or special meeting; but a lesser
number may adjourn from time to time and may compel the attendance
of absent members in such manner and under such penalties as may be
prescribed by ordinance.
The Council shall determine its own rules and order of business
and shall keep a journal of its proceedings, and the yeas and nays
shall be taken upon the passage of every ordinance and resolution
and shall be entered in the journal with the text of the ordinance
or resolution.
If any Council Person or Mayor during his term of office shall
be found guilty of any crime or misdemeanor and sentenced to imprisonment
for any term whatever or shall for any reason cease to be resident
of said city, he shall forthwith be disqualified to act as a member
of Council or Mayor, and his office shall be deemed vacant and shall
be filled by Council, as aforesaid.
(Amended as approved 7-6-1993)
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The duties and powers of the Secretary, as hereinbefore prescribed,
shall devolve upon the Assistant Secretary in the 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
by the City Council of The City of Lewes and shall receive such compensation
as the City Council, by resolution, shall determine.
The City Council may borrow money and issue bonds or certificates
of indebtedness to secure the payment thereof on the faith and credit
of The City of Lewes, to provide funds for the erection, the extension,
the enlargement, the purchase or the repair of any plant, machinery,
appliances or equipment for the supply or the manufacture and distribution
of electricity or gas for light, heat or power purposes; for the furnishing
of water to the public; for the construction, repair or improvements
of highways, streets or lanes or the paving, curbing or erection of
gutters along same; for the construction or repair of sewers or sewage
disposal equipment; to defray the cost or the share of the city of
the cost of any permanent municipal improvements; or for the purchase
of real estate; provided, however, that the borrowing of the money
therefor shall have been authorized by the City Council and shall
have been approved by the electors in the manner and at the time following:
(a) City Council, by resolution, shall propose to the electors of The
City of Lewes that a sum of money, not to exceed a stated principal
amount, shall be borrowed for any or all of the above purposes; the
resolution shall state the maximum principal amount of money desired
to be borrowed, the purpose for which it is desired, the manner of
securing same, and other pertinent facts relating to the loan which
are deemed pertinent by the City Council and in their possession,
and shall fix a time and place for a hearing on the said resolution.
(b) Notice of the time and place of the hearing on the resolution authorizing
said loan shall be printed in a newspaper having a general circulation
in the city and/or, in the discretion of the City Council, distribute
in circular form at least one (1) week before the time set for said
hearing.
(c) A second resolution shall then be passed by the Council ordering
a Special Election to be held not less than thirty (30) days and not
more than sixty (60) days after said public hearing to borrow said
money for the purpose of voting for or against the proposed loan.
The passing of the second resolution calling the Special Election
shall ipso facto be considered Council's determination to proceed
in the matter in issue.
(d) The notice of the time and place of holding the said Special Election
shall be printed in two (2) issues of a newspaper having a general
circulation in the city within the thirty (30) days immediately prior
to the election or, in the discretion of the City Council, distributed
in circular form at least fifteen (15) days prior to the election,
or both, at the discretion of the Council.
(e) At such Special Election:
(1) Residents: Every individual of at least eighteen (18) years of age
who is a citizen of the State of Delaware, who is a bona fide resident
of The City of Lewes or of public lands under the jurisdiction of
The City of Lewes, shall have one (1) vote.
(2) Nonresident property owner or leaseholder.
[a] Every nonresident owner of real property within the City or holder
of public land under a valid lease from the City Council, whether
an individual of at least eighteen (18) years of age, a partnership,
corporation or other entity, shall have one (1) vote; provided, however,
that there shall be no more than one (1) vote per parcel or lot of
real property.
[b] Property owners whose property is exempt from taxation or is not
assessed for taxation shall not be entitled to vote.
[c] A person, other than an individual, entitled to vote pursuant to
this Subparagraph (2), shall, prior to the time any such person's
vote is cast, provide the Board of Election with a notarized certificate
or resolution naming the individual who is at least eighteen (18)
years of age and is a citizen of the United States who is authorized
to act on behalf of such person to cast said vote. For parcels or
lots owned by more than one (1) individual or entity, only one (1)
owner may cast the vote of that parcel or lot.
(3) These provisions shall be construed so as to permit only "one-person,
one vote." Where a voter is entitled to vote by virtue of both residence
and ownership of property, that voter shall be entitled to only one
vote; where a voter is entitled to vote by ownership of two or more
properties, that voter shall be entitled to only one vote.
(4) The books and records of The City of Lewes in the case of property
owners, leaseholders and citizens of the City shall be conclusive
evidence of the right of such property owners and citizens to vote
at the Special Election.
(5) In the event that an individual holds a power of attorney duly executed
and acknowledged and specifically authorizing the individual to vote
at the said Special Election, such duly authenticated power of attorney
shall be filed in the office of the City Manager of The City of Lewes.
Said power of attorney so filed shall constitute conclusive evidence
of the right of said person to vote at the Special Election.
(f) Any Special Election held pursuant to the provisions of this section
shall be conducted by voting machines, an electronic voting system
or printed ballots as permitted by law which shall, at a minimum,
have the following designation:
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[__]
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For the proposed borrowing
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[__]
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Against the proposed borrowing
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(g)
(1) The Mayor, by and with the advice and consent of a majority of the
City Council, shall appoint three (3) persons, who may or may not
be registered and qualified voters in The City of Lewes, to act as
a Board of Election. The polling places shall be open for a minimum
of six (6) hours as specified by the resolution of the Mayor and City
Council. Persons in the polling place at the time appointed for closing
of the polls shall be entitled to vote. The Board of Election shall
be the sole and final judges of the legality of the votes offered
at such Special Election and shall keep a true and accurate list of
all persons voting.
(2) The Board of Election shall count the votes for and against the proposed
loan and shall announce the result thereof, shall make a certificate
under their hands of the number of votes cast for and against the
proposed loan and shall deliver the same to the Council, and the original
shall be filed with the paper of the Council.
(h)
(1) If a majority of the votes cast at such Special Election shall be
in favor of such borrowing, the City Council shall proceed with the
issuance of said bonds or other indebtedness; provided, however, that
the City Council may, by resolution, at any time prior to entering
into a binding agreement for the public or private sale of such bond(s)
or other indebtedness, abandon the proposed borrowing. The City Council
shall prepare and cause to be advertised within thirty (30) days following
the date of receipt by The City of Lewes of the certificate of the
Board of Election described in Subsection (g) hereof, the Notice of
Adoption described in Subsection (k) hereof, in two (2) issues of
a newspaper having general circulation in the City of Lewes.
(2) The form of the bonds or certificates of indebtedness and the thereunto
attached coupons, if any, the time or times of payment, the interest
rate, the classes, the series, the maturity, the registration, any
callable or redeemable features, the denomination, the name thereof
and any other relative or appurtenant matter thereto shall all be
determined by the City Council after said Special Election.
(3) The bonds may be sold at either public or private sale as determined
by the City Council. If the bonds shall be offered for public sale,
The City of Lewes shall first advertise a notice of sale inviting
bids thereon, in a manner to be prescribed by the City Council, at
least five (5) days before the date of sale, on which date of sale
bids therefor will be accepted. The bonds shall be sold to the winning
bidder whose bid offers the lowest true interest cost to The City
of Lewes out of all bids timely submitted.
(4) With respect to its budget, and in fixing the rate of tax, the City
Council shall provide a sinking fund for the payment of interest and
principal of said bonds or other indebtedness at the maturity or maturities
thereof.
(5) The faith and credit of The City of Lewes shall be deemed to be pledged
for the due payment of the bonds or other indebtedness and interest
thereon issued under the provision hereof, when the same have been
properly executed and delivered for value and there shall be no limitation
upon the amount of taxes which may be raised by taxation for the payment
of interest on and principal of any bonded indebtedness of The City
of Lewes whether incurred before or after the passage of this Act.
(i) The bonded indebtedness shall not at any time exceed in the aggregate
the total sum of twenty-five per centum (25%) of the value of the
real property situate within the limits of the city as shown by the
last assessment preceding the creation of the said indebtedness. There
shall be no limitation upon the amount of ad valorem taxes collected
to pay the principal of and interest on any bonded indebtedness incurred
pursuant to the provisions of this section.
In the event The City of Lewes should construct or acquire any
plant, machinery, appliances or equipment for the supply of electricity
or gas for light, heat or power purposes, authority is hereby granted
The City of Lewes to furnish electricity or gas for light, heat or
power purposes to the outlying communities, beyond the limits of said
city as set forth herein or as extended by annexation as herein provided
and provided that such extension will not incur indebtedness in excess
of the bonded limit of said city and to do all things necessary to
carry out this authority.
(j) In anticipation of the issuance of said bonds at any time after a
Special Election approving the bond issue, the City Council may issue
and sell bond anticipation notes of the City at either public or private
sale for not less than par plus accrued interest, if any. Said notes
may be renewed from time to time by the issuance of and sale of new
notes. Said notes shall bear interest at a rate determined by the
City Council to be fair and reasonable. All such notes shall mature
and be paid not later than two (2) years from the date of issuance.
The aggregate principal amount of all notes outstanding at any one
time shall not exceed the aggregate principal amount of the notes
authorized by the Special Elections approving such notes. Said notes
shall be redeemed at par plus accrued interest, if any, prior to their
maturity if the City Council shall have reserved the right to do so
by an express provision in the note or notes. The principal and any
interest due on said notes may be paid from the proceeds of the sale
of the bonds authorized by this section. Both interest on and principal
of any bond anticipation notes shall not be subject to taxation by
the State of Delaware or any political subdivision thereof.
(k) No action contesting any proceedings conducted, or action taken,
by the City Council hereunder regarding the authorization of any bonds
or other indebtedness issued under this section shall be brought after
the expiration of twenty (20) days from the publication of a Notice
of Adoption in two (2) issues of a newspaper having general circulation
in The City of Lewes, which Notice of Adoption shall announce the
following information:
(1) That the City Council has determined to borrow a sum of money not
to exceed a stated amount and to issue bonds or other indebtedness
therefor;
(2) That the proposal has been approved by a majority of those casting
votes at a Special Election in the City of Lewes called for the purpose
of voting for or against the borrowing;
(3) The maximum principal amount of money to be borrowed and any other
details of the bonds or such other indebtedness, to the extent such
details are known at the time of the advertisement of such notice;
(4) The purpose for which such amount of money is to be borrowed;
(5) That any person desiring to challenge the authorization of such bond(s)
or other indebtedness must bring his, her or its action within twenty
(20) days from the date of publication of such notice or forever be
barred from doing so; and
(6) Such notice shall be in bold print or bordered in black in such manner
to call attention thereto.
(l) The City Council may refund any or all outstanding bonds or other
indebtedness of The City of Lewes at the maturity thereof or in accordance
with any callable feature or provision contained therein, but refunding
of such bonds or other indebtedness of The City of Lewes shall not
require the procedures set out in this Section 20 so long as the outstanding
principal amount of the refunding bonds or other indebtedness does
not exceed the aggregate principal amount, plus accrued interest and
redemption premium, if any, of the outstanding bonds or indebtedness
to be refunded, plus the costs of the refunding, and shall be enacted
by resolution of the City Council.
(Amended as approved 7-6-1993; 2-3-2004; 7-25-2023)
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In addition to all other powers the Mayor and City Council of
the City of Lewes may have, and notwithstanding any limitation of
law, the Mayor and City Council of The City of Lewes shall have all
powers and may undertake all actions for the purposes set forth in,
and in accordance with, Title 22 of the Delaware Code, Chapter 17,
relating to the Municipal Tax Increment Financing Act, and Chapter 18, relating to Special Development Districts.
(Added as approved 4-9-2009)
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At the first regular meeting following the annual election,
the Mayor, by and with the advice and consent of a majority of all
the members of the City Council, shall appoint a City Solicitor for
a term of one (1) year. The City Solicitor shall be a member in good
standing of the Bar of the State of Delaware. It shall be his or her
duty to give legal advice to the Mayor and City Council and other
officers of the City and to perform such other legal services as may
be required by the City Council. The City Solicitor may be removed
from office at any time, with or without cause, by the affirmative
vote of a majority of all the members of the City Council of The City
of Lewes.
(Amended as approved 7-16-1999)
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Not by way of limitation upon the power vested in the City Council
to exercise all powers delegated by this Charter to the municipal
corporation, except as may expressly appear herein to the contrary,
but rather by way of enumeration and for purposes of clarity, the
City Council is vested by this Charter with the following powers,
to be exercised by said City Council in the interest of good government
and the safety, health and welfare of the city, its inhabitants and
affairs, that is to say:
1. To prevent vice, drunkenness and immorality.
2. To provide for and preserve the health, peace, safety, cleanliness,
ornament and good order of the city and its inhabitants.
3. To prohibit all gaming and fraudulent devices.
4. To prohibit, restrain, license or regulate all public sports, exhibitions,
shows, parades, productions, circuses or other public performances,
amusements and games.
5. To ascertain, locate, lay out, establish, open, change, alter, widen,
abandon, regulate the use and enjoyment of, prevent or remove any
obstruction of, level, grade, flag, dress, macadamize, pave, gravel,
shell, improve, dredge, erect, remove, repair or replace any new or
present street, highway, lane, alley, watercourse, park, lake, strand,
crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline, or portion
thereof, in the city; to specify the grade thereof, the materials
to be used in the doing thereof and the manner in which same shall
be done; and to enter into contracts or agreements for the doing thereof,
including contracts or agreements with the State Highway Department
of the State of Delaware for the permanent maintenance, repair and
upkeep of any street, lane, alley, roadway or other highway within
the city.
6. To regulate or control the observance of the Sabbath Day.
7. To establish and regulate pounds and to restrain, prohibit and empound
any domestic or wild animal, beast, bird or fowl running at large,
to authorize the destruction of same and to impose taxes on the owners
of dogs.
8. To locate, regulate, license, restrain or require the removal of
slaughterhouses, washhouses, laundries, canning establishments, phosphate,
fish, fertilizer or manure plants or establishments, swine pens, privies,
water closets and any businesses or buildings or conditions detrimental
to the public health or constituting a public nuisance or of an offensive
or noxious nature.
9. To enforce the removal of snow, ice, dirt or other foreign substance
from sidewalks and gutters by owners or abutting owners.
10. To prohibit, remove or regulate the erection and maintenance of any
stoop, step, platform, bay window, cellar door, gate, area, descent,
sign, post or any other erection or projection in, over, upon or under
any street, highway, alley, lane, watercourse, park, lake, strand,
sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline
of the city.
11. To define, prevent, abate or remove nuisances, obstructions or any
condition detrimental to the public safety, health or welfare.
12. To provide an ample supply of pure water for the city and its inhabitants
and to this end to acquire, lease, erect, construct, maintain, operate,
extend, enlarge, renew, replace, control and dispose of reservoirs,
pumps, machines, stations, tanks, standpipes, water mains, fire hydrants
and all other equipment, property or rights used in and about the
collection, storage, purification, conveyance, distribution or sale
of water; to regulate and prescribe for what private or public purposes
the water furnished by the municipal corporation may be used, the
manner of its use, the amounts to be paid by the users thereof, the
means whereby such amounts shall be collected and the fines or penalties,
or both, for any willful or negligent injury or damage to or interference
with the water system or equipment of the city; to furnish, or refuse
to furnish, water from the city system to places and properties outside
the city limits; and to contract for and purchase water and distribute
same to users within or without the city with the same full powers
as though such water had been initially reduced to usefulness by the
municipal corporation itself.
13. To provide, construct, extend, maintain, manage and control a sewer
system and/or a sewage treatment and disposal plant and facilities
for the health, sanitation and convenience of the inhabitants of the
city; to regulate and prescribe for what private or public purposes
the system may be used, the manner of its use, the amounts to be paid
by the uses thereof, the means whereby such amounts shall be collected
and the fines or penalties, or both, for any willful or negligent
injury or damage to, or interference with said system, plant or facilities;
to furnish or refuse to furnish sewage disposal service from the city
system to places and properties outside the city limits; in the interest
of the public's health, to compel any and all properties in the city
to be connected to the sewer system of the city; and to contract for
and purchase sewage disposal service and to resell same to users within
or without the city with the same full powers as though such service
had been initially provided by the facilities therefor of the municipal
corporation itself.
14. To provide, construct, extend, maintain, manage and control a 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 city and for lighting the streets, highways, lanes, alleys,
watercourses, parks, lake strands, sidewalks, crosswalks, wharves,
docks, public buildings or other public places of the city, and to
this end to acquire, lease, erect, construct, maintain, operate, extend,
enlarge, renew, replace, control and dispose of transmission and distribution
lines, pipes, mains and other conveyances for any such current or
gas as may be necessary to properly light the city and to furnish
proper connections for electric current and gas to the properties
of the inhabitants of the city who may desire the same; to regulate
and prescribe for what private or public purpose the current or gas
furnished by the municipal corporation may be used, the manner of
its use, the amount to be paid by the users thereof, the mains whereby
such amounts shall be collected and the fines or penalties, or both,
for any willful or negligent injury or damage to or interference with
the electric or gas system or systems to places and properties outside
the city limits; and to contract for and purchase electric current
or gas and distribute the same to users within or without the city
with the same full powers as though such current or gas had been initially
reduced to usefulness by the municipal corporation itself.
15. To fully control within the city the drainage of all water and, to
that end, to alter or change the course and direction of any natural
watercourse, runs or rivulets within the city; to regulate, maintain,
clean and keep same open, clean and unobstructed; and to provide,
construct, extend, maintain, manage and control a surface water drainage
system and facilities for the health, sanitation and convenience of
the inhabitants of the city.
16. To provide, construct, extend, maintain, manage and control jetties,
bulkheads, embankments, flood gates, piers, boardwalks or fills for
the preservation of any strand or high land within the limits of the
city or contiguous thereto, to the end that the same may be preserved,
property protected and the general public might enjoy the use thereof.
17. To grant franchises or licenses to any responsible person, firm,
association or corporation, for such period of time, upon such terms,
restrictions, stipulations and conditions and for such considerations
as the City Council shall deem wise, to use the present and future
streets, highways, lanes, alleys, watercourses, parks, lakes, strands,
sidewalks, crosswalks, wharves, docks and other public places of the
city for the purpose of furnishing heat, light, power, gas, water,
sewer, drainage, electric current, telephone, telegraph, railroad
excepting railroads or railways engaged in interstate commerce, bus,
taxi or other transportation, carrier or public service to the city
and to the persons, firms or corporations residing or located therein
and for the purpose of transmitting same from or through the city
to points outside the limits thereof, and for the purpose of erecting
wharves and piers, and for the purposes of vending any article of
merchandise or service upon or from any vehicle upon any such present
and future street, highway, lane, alley, etc., provided that no exclusive
franchise or license shall be granted for any such purpose to any
person, firm, association or corporation whomsoever.
18. To regulate and control the exercise of any license or franchise
mentioned in Section 29 (17) of this Charter or intended so to be.
19. To direct, regulate and control the planting, rearing, treatment
and preserving of ornamental shade trees in the streets, highways,
avenues, parks and grounds of the city and to authorize or prohibit
the removal or destruction of said trees.
20. To direct the digging down, draining, filling up, cleaning, cutting
or fencing of lots, tracts, pieces or parcels of ground in the city
which may be deemed dangerous or unwholesome or necessary to carry
out any improvements authorized by this Charter.
21. To provide for or regulate the numbering of houses and lots on the
streets and the naming of streets and avenues.
22. To regulate, control or prevent the use or storage of gunpowder,
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 fire.
23. For the prevention of fire and the preservation of the beauty of
the city, to regulate and control the manner of building or removal
of dwelling houses and other buildings; to establish a code for same
and to provide for the granting of permits for same; to establish
a building line for buildings to be erected; zone or district the
city and make particular provisions for particular zones of districts
with regard to building or building materials; and, generally, to
exercise all the powers and authorities vested in the legislative
body of cities and incorporated towns under and by virtues of 22 Del.
C. § 301 et seq. and all amendments thereto.
24. To acquire, build, erect and maintain a suitable place as a lock-up
or jail for the city, which shall be used as a place of detention
for persons convicted of violation of law or ordinance, or for the
detention of persons accused of violation of law or ordinances for
a reasonable time, in cases of necessity, prior to hearing and trial;
and to provide for the restraint, support and employment of paupers,
beggars and vagrants, provided that the jails of Sussex County may
be used for any such purpose, in which event the city shall pay for
the board of persons committed thereto for violations of ordinances
of the city which are not violations of any general law of the state.
25. To acquire, build, erect and maintain buildings and facilities necessary
or required for housing and equipping offices of the city.
26. To regulate or prevent the use of guns, air guns, spring guns, pistols,
slingshots, beanshooters and any other devices for discharging missiles
which might cause bodily harm or injury to property; and to regulate
or prevent the use of fireworks, bombs and detonating works of all
kinds.
27. To provide for the punishment of a violation of any ordinance of
the city by fine or imprisonment, or both, not exceeding five hundred
dollars ($500.) or sixty (60) days, and for working any person sentenced
to such imprisonment or any person who shall refuse to so work when
ordered.
28. To provide for the organization of a Fire Department and the control
and government thereof; to establish fire limits and do all things
necessary for the prevention and extinguishment of fires; and, in
their discretion, to contribute, donate or give an amount or amounts,
not to exceed in the total during any given fiscal year, twelve per
centum (12%) of the total taxes levied on real estate, unto any volunteer
fire company or companies incorporated under the Laws of Delaware,
or any volunteer fire association or associations maintaining and
operating fire-fighting equipment and service to the city, provided
that any such contribution, donation or gift may be made subject to
such conditions and stipulations as to the use thereof as the City
Council shall deem advisable.
29. To purchase, take and hold real and personal property when sold for
any delinquent tax, assessment, water rent, electric bill, gas bill,
license fee, tapping fee, charge growing out of abatement of nuisances
and the like, laying out and repairing sidewalks or other charge due
the city and to sell the same.
30. To levy and collect taxes for any and all municipal purposes upon
all real estate and improvements located thereon and to levy and collect
taxes for any and all municipal purposes upon improvements having
an assessed valuation of at least one thousand dollars ($1,000.) located
on land under a valid lease for a period of at least ten (10) years
within the city, except lands belonging to the city, provided that
the amount to be raised from this source shall not exceed the sum equal
to one half of one percent (0.5%) of the full assessed value of land
and improvements within the City, or $5,000,000, whichever is greater.
31. To levy and collect a personal or per capita tax upon all persons
otherwise qualified to vote at any annual municipal election to be
used for any and all municipal purposes.
32. To levy and collect taxes upon all telephone, telegraph, power poles,
pipe lines, rail lines or other constructions or erections of a like
character erected within the limits of the city, together with the
wire or other appliances thereto or thereon attached, expressly excepting
all telephone, telegraph, 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 anytime
direct the same to be included in or added to the city assessment.
In case the owner or leasee of such constructions or erections, wires
or other appliances shall refuse or neglect to pay the taxes levied
thereon, in addition to the remedies for the collection thereof set
forth in Section 31 of this Charter, the City Council shall have authority
to cause the same to be removed.
33. To license, tax and collect fees annually for any and all municipal
purposes (including the cost and expense of advertising to the city)
of such various amounts as the City 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 city; provided, however, that nothing 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 city any farm produce
or products grown upon a farm owned by the vendor or any member of
his family with whom he resides.
34. To determine from which authorized sources and in what proportions
taxes shall be levied and used each year to raise the revenue or funds
required to meet the general expenses of the municipal corporation
and all funding, amortization and interest requirements on its outstanding
bonds or other indebtedness.
35. To provide for the collection of and disbursement of all moneys to
which the city may become entitled by law, including licenses and
fines, where no provision for the collection and disbursement thereof
is otherwise provided in the Charter.
36. To borrow money in the name of the city for any proper municipal
purpose, and in order to secure the payment of the same, to issue
bonds or other kinds or forms of certificate or certificates of indebtedness,
pledging the full faith and credit of the city or such other security
or securities as the City 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 city shall be exempt from all state, county or municipal taxes,
provided that in no event shall the indebtedness of the city, for
any and all purposes, at any one time exceed in the aggregate twenty-five
per centum (25%) of the assessed value of all real estate in the city
subject to assessment for the purpose of levying the annual tax hereinbefore
mentioned.
37. To acquire and/or to vacate the use of lands, tenements, personalty,
property, easements, rights-of-way, or any interest in property, either
within or without the limits of the city, 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 municipal corporation by the Charter. Proceedings
by way of condemnation in any such case shall be the same or prescribed
hereafter in Section 34 of this Charter for the opening and laying
out of new streets or the vacating or abandoning of old streets, and
the resolutions referred to in said Section 34 shall be changed and
modified to cover any case contemplated hereby.
38. To appropriate money to pay the debts, liabilities and expenditures
of the city, or any part or item thereof, from any fund applicable
thereto, and to transfer temporarily money from one fund to another
fund of the city in case of emergency.
39. To provide for the payment of any tax, fine, penalty, license, forfeiture,
assessment, fee, charge or other amount due the city by the performance
of labor or service for the city by any person owing the same.
40. To inquire into and investigate the conduct of any office, officer,
agent or employee of the city or any municipal affair and for any
such purpose or purposes may subpoena witnesses, administer oaths
or affirmations and compel the attendance of witnesses and production
of books, papers or other evidence by summary process.
41. The City Council may by ordinance duly adopted in accordance with
this Charter, establish a Pension Plan or a Health and Welfare Plan,
or both, for the employees of The City of Lewes under such terms and
conditions as the City Council, in its discretion, deems most appropriate;
provided, however, that the method of funding may, if deemed advisable
by the City Council, be handled through a recognized insurance company
licensed by the State of Delaware or authorized to do business in
this state and approved by a majority of all the Members of the City
Council.
42. To have, take, purchase, receive, possess, enjoy and retain by lawful
means, to it and its successors and assigns within said City, or beyond
the limits thereof, lands, tenements, hereditaments, goods, chattels,
and effects of what kind, nature or quality so ever necessary for
municipal purposes, and the same to sell, grant, demise, alien, mortgage,
manage, hold and control of the same at pleasure, except as prohibited
by the Constitution and laws of the United States and the State of
Delaware or as restricted by this Charter.
43. To receive devises, bequests and donations of all kinds of property
within said City and beyond the limits thereof for its own use and
benefit, or in trust for charitable, benevolent, educational or other
public purposes, and to do all acts necessary to carry out the purposes
of such devises, bequests, gifts and donations.
44. To impose upon new development, redevelopment, new construction or
reconstruction or upon first-time occupancy of new construction or
reconstruction, such impact fees as are reasonably calculated to recover
the cost of installing, enlarging, improving or expanding public or
municipal improvements which have a rational nexus to such new development,
redevelopment, new construction or reconstruction.
45. To impose
and collect a lodging tax of no more than 3% of the rent, in addition
to the amount imposed by any other governmental agency, for the occupancy
of any room or rooms in a hotel, motel, or tourist home which is located
within the boundaries of the City of Lewes, under Chapter 61 of Title
30 of the Delaware Code.
(Amended as approved 4-9-1971; 7-7-1981; 6-19-1985; 6-28-1988;
3-31-1992; 2-7-2005; 6-26-2008; 8-4-2015; 8-6-2020; 7-25-2023)
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The City Council of The City of Lewes shall have full power
and authority to anticipate revenue by borrowing upon the faith and
credit of The City of Lewes the sum or sums, not including bonded
indebtedness, of not exceeding ten percent (10%) of the assessed valuation
of all real estate in the city and on public lands under the jurisdiction
of the City Council in any one (1) fiscal year when, in the opinion
of the majority of said City Council, the needs of The City of Lewes
demand it. The City Council may secure said sum or sums of money so
borrowed by promissory notes of the city and attested by the Secretary,
either with or without the Corporate Seal of The City of Lewes affixed
as is requested by the bank or person advancing the money on said
notes, and no officer or Council Person shall be personally liable
for the payment of such notes because they are signed by them as officers
of The City of Lewes and are authorized by resolution of the City
Council; provided, however, that any sum of money borrowed on the
faith and credit of The City of Lewes, as aforesaid, in any fiscal
year shall be paid out of the general funds of the city, at the minimum
rate of ten per centum (10%) per fiscal year and shall be completely
paid at the end of ten (10) fiscal years following the first fiscal
year which said money was borrowed with interest thereon.
(Approved as amended 7-6-1993; 7-25-2023)
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The City Council shall have power and authority to enact ordinances
or adopt resolutions to define, prevent, abate and remove all obstructions,
nuisances and unsanitary conditions at any time existing or deemed
to be contemplated by any property owner or tenant or any property
owner thereof, whether in the street, square, lane or alleys, or on
the sidewalks or any other public or private place within the limits
of said city either on its own inspection or upon written complaint
of any citizen of the city stating the character and location of the
obstruction, nuisances or unsanitary conditions and signed by the
citizen making the complaint. If a majority of the elected members
of the City Council, either upon inspection or upon such inspection
or upon such information, or both, shall determine that such obstruction,
nuisance or unsanitary condition exists and ought to be removed or
abated, as the case may be, the City Council shall enact an ordinance
or adopt a resolution, or both, appropriate to the contemplated or
existing commission, and the City Council shall thereupon give notice
in writing, by registered mail, with return receipt requested, signed
by the Mayor, to the person or persons contemplating or causing such
obstruction, nuisance or unsanitary condition or to the person or
persons who are responsible for its existence or continuance, to remove
or abate same, and, if such person or persons refuse or neglect for
the space of two (2) days to take steps to abate or remove the stated
condition after such notice is received, Council shall have the power
and authority to cause such obstruction, nuisance or unsanitary condition
to be removed or abated and, for this purpose, Council may issue a
warrant in the name of the City of Lewes, under the hand of its Mayor
and the Seal of the city and directed to any Constable of Sussex County,
commanding him forthwith to abate such obstruction, nuisance or unsanitary
condition, whereupon the Constable to whom said warrant may be delivered
shall forthwith proceed to remove or abate same, and, for such purpose,
he shall have full power and authority to enter into and upon any
lands and premises in said city and to take with him such assistance,
implements, horses, carts, wagons, automobiles, trucks or other things
as may be necessary and proper and to do and perform all matters and
things right, proper and necessary to be done for the removal or abatement
of such obstruction, nuisance or unsanitary condition. The costs of
all the necessary work, labor and proceedings of the city in the removal
or abatement of such obstruction, nuisance or unsanitary condition
shall be determined by Council upon the completion of the work, and,
if such amount be not paid to the Treasurer for the use of the city
by the person or persons causing or responsible for such obstructions,
nuisance or unsanitary condition within ten (10) days after a bill
stating the amount of such costs is presented or mailed to such person
or persons at their last and best known post office address, then
Council may proceed to collect the same out of the goods, chattels,
lands and tenements of such person or persons, and it shall be the
duty of Council to issue a warrant in the name of the City of Lewes
under the hand of the Mayor and the Seal of the city, directed to
the Alderman or any Justice of the Peace, commanding him that of the
goods and chattels, land and tenements of such person or persons he
shall cause to be levied and make the amount of said bill, together
with all costs. It shall be the duty of the Alderman or a Justice
of the Peace, as soon as convenient thereafter, and after ten (10)
days' written notice to such person or persons, deposited in the mails
and directed to such person or persons at his or their last and best
known post office address, and after posting five (5) or more notices
of sale in at least five (5) of the most public places in said city
at least ten (10) days before the day of sale, to first sell the goods
and chattels of such person or persons at public auction in said city,
or so much thereof as may be necessary to pay the amount of said bill
with all costs. If no goods or chattels of such person or persons
can be found in said city, or the goods and chattels found and sold
as aforesaid are not sufficient to satisfy the amount of said bill,
with all costs, then it shall be the duty of said Alderman or Justice
of the Peace, after further notice of ten (10) days given to said
person or persons in the same manner as aforesaid for the sale of
goods and chattels, and after posting five (5) or more notices of
sale in at least five (5) of the most public places in said city for
at least ten (10) days before the day of sale, and after causing such
notice of sale to be published once in a newspaper published in Sussex
County, to sell the land and tenements of such person or persons,
or so much thereof as may be sufficient to satisfy the amount of said
bill and all costs, and a deed from the Alderman or Justice of the
Peace of said city shall be made and shall convey to the purchaser
or purchasers of such lands and tenements as full and complete title
in fee simple or lesser estate as if same were executed by the person
or persons whose lands and tenements were sold as aforesaid. The claim
for the expenses of the city in removing or abating such obstruction,
nuisance or unsanitary condition, and all costs, shall be a lien on
the premises where such obstruction, nuisance or unsanitary condition
exists, and said lien shall relate back to the time when the first
notice to remove or abate shall have been served upon such person
or persons and shall have priority over any lien, encumbrance or conveyance
suffered or made by such person or persons after the mailing of said
notice. It shall be the duty of the Alderman or Justice of the Peace,
out of the purchase money from the sale of said goods and chattels
or lands and tenements, to pay all costs arising from said proceedings
and sale to the parties entitled to such costs and to retain and pay
to the Treasurer for the use of the city the amount of the said bill
to the city, and the residue of said purchase money, if any, shall
be at once deposited in some bank in the City of Lewes to the credit
of the owner or owners of said goods and chattels or lands and tenements.
The Alderman or Justice of the Peace shall be entitled to receive
ten dollars ($10.) for every sale of personalty under this section
and twenty dollars ($20.) for every sale of real estate under this
section, together with such additional sum as may be allowed by Council
for the keeping and care of such personal property, for selling the
same and for said advertising, all of which shall be a part of the
costs aforesaid to be paid out of the purchase money. Any notice required
by this section to one (1) co-owner shall be notice to all, and, in
case no owner shall reside in said city, said written notice deposited
in the mail in a sealed envelope and addressed to such owner at his
or her best known post office address shall be deemed proper notice.
Council, in addition to the provisions of this section, may enforce
this by imposing such fines and penalties as shall be, in the judgment
of Council, necessary and proper which shall be additional to the
said expenses and costs of removal or abatement. For all the purposes
of this section, any property, whether dwelling or storehouse, or
both, or otherwise, which does not have proper connections with the
sewer system of said city, if such sewer connections be available
for such property, shall be deemed to be in an unsanitary condition
under the meaning of this section, at the discretion of the Council.
For the purpose of protection against fire, promoting health,
safety, morals or the general welfare of the community, the City Council
is hereby empowered to adopt ordinances to regulate and restrict the
height, number of stores, size of buildings and other structures,
the density of population and the location and use of buildings, structures
and lands for trade, industry, residence or other purposes, and this
power shall embrace new buildings or additions to or alterations of
existing structures of every kind; to condemn buildings or structures,
or portions thereof, that constitute a fire menace and to require
or cause same to be torn down, removed or so altered as to eliminate
the menace of fires; to prescribe the height and thickness of any
building and the kind and grade of materials used in the construction
thereof.
(Amended as approved 7-6-1993; 7-16-1999)
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No action, suit or proceeding shall be brought or maintained
against The City of Lewes for damages, either compensatory or punitive,
on account of any physical injury or injuries, death or injury of
property by reason of the negligence, simple, gross, willful or wanton
of the said City of Lewes or any of its departments, officers, agents
or employees thereof, unless the person by or on behalf of whom such
claim or demand is asserted, within ninety (90) days from the happening
of such injury or the suffering of such damage, shall notify, in writing,
the Mayor of The City of Lewes of the time, place, cause, character
and extent of the injury sustained, so enrolled or damages suffered.
This Act shall operate to amend, revise and consolidate "An Act to re-incorporate the Town of Lewes," being Chapter
170, Volume 43, Laws of Delaware, and the various amendments and supplements thereto, and to repeal all such parts of said Act and its amendments and supplements as are manifestly inconsistent with the provisions of this Act. All powers conferred upon or vested in the Commissioners of Lewes by any Act of Law of the State of Delaware not in conflict with the provisions of this Charter are hereby expressly conferred upon and vested in The City of Lewes and/or the City Council of The City of Lewes, precisely as if each of the said powers was expressly repeated in this Charter. All ordinances and resolutions heretofore lawfully enacted or adopted by the Commissioners of Lewes or resolutions and regulations adopted by the Board of Public Works and in force at the time of the approval of this Charter shall continue in full force and effect until the same or any of them shall be repealed, modified or altered by the City Council of The City of Lewes under the provisions of this Charter; all the acts and doings of the Commissioners of Lewes or any officers or employees of the Commissioners of Lewes, lawfully done or performed under the provisions of any law of this state, or of any ordinance of said Commissioners of Lewes, prior to the approval of this Act, are hereby ratified and confirmed; all taxes, debts, fines or penalties, assessments and forfeitures due the Commissioners of Lewes shall be deemed to be due The City of Lewes, and all debts due from the Commissioners of Lewes shall be deemed to be due from The City of Lewes and the same shall remain unimpaired until paid; and the power, right and authority to collect taxes and rentals imposed under the provisions of this Act, and the processes which may be employed hereunder, shall be deemed to apply and to extend to all unpaid taxes and rentals imposed under the Charter of the Commissioners of Lewes and all amendments and supplements thereto; the bonds given by or on account of any official of the Commissioners of Lewes shall not be impaired by or affected by the provisions of this Act, but The City of Lewes shall succeed to all the benefits of said bonds; all valid laws heretofore passed relating to or concerning the Commissioners of Lewes or authorizing the borrowing of money and the issuing of bonds on the credit of said Commissioners of Lewes shall be and remain valid and good as heretofore, and be unaffected and unimpaired by this Act.
If any part of this Act shall be held unconstitutional, such
holding shall not in any wise invalidate the remaining provisions
of this Act. This Act shall be deemed and known to be a public act.