Laws of the State of Delaware - Volume 58 - Part 1 - Page 1 |
Previous | 1 of 1201 | Next |
|
small (250x250 max)
medium (500x500 max)
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
Subset
|
LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- SIXTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 5, A. D.
1971
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January II, A. D.
1972
PART I
VOLUME LVIII
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 58 - Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-SIXTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 5, A. D. 1971 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January II, A. D. 1972 PART I VOLUME LVIII LAWS OF DELAWARE CHAPTER 1 FORMERLY SENATE BILL NO. 2 AN ACT TO AMEND CHAPTER 9, TITLE 28, DELAWARE CODE, RELATING TO MISCELLANEOUS PROVISIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 906 (a), Title 28, Delaware Code, is amended by striking the period at the end of the sentence and inserting a comma in lieu thereof, and by adding after said comma the following: "nor shall this prohibition apply to horse racing in New Castle County." Approved January 28, 1971. 3 CHAPTER 2 FORMERLY SENATE BILL NO. 3 AN ACT TO AMEND CHAPTER 3, TITLE 28, DELAWARE CODE, RELATING TO HORSE RACING. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 322 (c) Title 28, Delaware Code, is amended by striking and deleting from the second sentence the figure "61" and inserting in lieu thereof the figure "65." Approved January 28, 1971. CHAPTER 3 FORMERLY SENATE BILL NO. 44 WITH HOUSE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION FROM THE GENERAL FUND OF THE STATE IN THE AMOUNT OF $47,000 TO THE CRIPPLED CHILDREN'S SECTION OF THE DIVISION OF MATERNAL, CHILD AND CRIPPLED CHILDREN'S SERVICES OF THE DIVISION OF PHYSICAL HEALTH OF THE DEPART-MENT OF HEALTH AND SOCIAL SERVICES. WHEREAS, the division of crippled children's services exhausted its funds on January 1, 1971; and WHEREAS, this has cut off services to physically handicapped children in the following areas braces and repairs, crutches, hearing aids and repairs, surgery, anaesthesia, in-hospital treatment, x-ray, audiologic and otologic examinations, transport-ing downstate children to the Alfred I. duPont Institute, transporting children to the regional heart program at Johns Hopkins Hospital, orthodontia and pedodontia; and WHEREAS, even in times of financial stress and prudent economic practice, physically handicapped children of Delaware still need care which should not be postponed. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. That there is hereby appropriated from the General Fund of the State of Delaware to the Crippled Children's Section of the Division of Maternal, Child and Crippled Children's Services of the Division of Physical Health of the Department of Health and Social Services the sum of Forty-seven Thousand Dollars ($47,000). Section 2. Any funds remaining unexpended on June 30, 1971, shall revert to the General Fund of the State. Approved February 5, 1971. 5 6 CHAPTER 4 FORMERLY HOUSE BILL NO. 2 AN ACT TO AMEND SUBCHAPTER II, CHAPTER 3, TITLE 28 OF THE DELAWARE CODE, RELATING TO RACING APPLICATIONS, AWARD OF DATES, AND MAXIMUM RACING DAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend section 322, Subchapter II, Chapter 3, Title 28 of the Delaware Code, by striking the phrase "15th day of January" as it appears in paragraph (c) therein, and substituting therefor the phrase "first Tuesday in February" in lieu thereof. Section 2. Amend section 322, Subchapter II, Chapter 3, Title 28 of the Delaware Code, by striking the phrase "15th day of January" as it appears in paragraph (e) therein, and substituting therefor the phrase "first Tuesday in February" in lieu thereof. Approved February 10, 1971. CHAPTER 5 FORMERLY SENATE BILL NO. 35 AN ACT TO VALIDATE A BOND ELECTION HELD IN THE ALEXIS I. duPONT SCHOOL DISTRICT, DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Bond Election held in the Alexis I. duPont School District on May 16, 1970, is hereby validated and confirmed, notwithstanding that the Notice of such election was published a total of five (5) times, rather than six (6) times, prior to said election, as provided in Chapter 21, Title 14, Delaware Code. Section 2. This Act shall take effect immediately. Approved February 11, 1971. 7 8 CHAPTER 6 FORMERLY SENATE BILL NO. 52 AN ACT AUTHORIZING THE TREASURER OF THE STATE OF DELAWARE TO ADVANCE $78,000 FROM THE GENERAL FUND TO THE STATE DEPARTMENT OF PUBLIC INSTRUCTION TO EXPEDITE THE COMPLE-TION OF NECESSARY WATER AND SEWER FACILITIES FOR THE H. B. DU PONT MIDDLE SCHOOL IN THE ALEXIS I. DU PONT SCHOOL DISTRICT. WHEREAS, the State's 60% share of the $130,000 projected for the completion of the water and sewer facilities for the H. B. duPont Middle School in the Alexis I. duPont School District was inadvertently omitted from the authorized 1969 Capital Improvement Program; and WHEREAS, such belatedly discovered omission has been provided for in the yet to be authorized 1972 Capital Improvement Program; and WHEREAS, the required necessity certificates have been issued, the local 40% share of $52,000 has been authorized by referendum held on May 16, 1970 and the local bond sale is scheduled for February 15, 1971, therefore, Be it enacted by the General Assembly of the State of Delaware Section 1. The Treasurer of the State of Delaware is hereby authorized to advance from the General Fund the sum of $78,000 to the State Department of Public Instruction to expedite the completion of the necessary water and sewer facilities for the H. B. duPont Middle School in the Alexis I. duPont School District, which sum shall be repaid to the General Fund, when and if such sum shall have been authorized and funded in accordance with the projected 1972 Capital Improvement Program. Approved February 11, 1971. CHAPTER 7 FORMERLY HOUSE BILL NO. 20 AN ACT TO AMEND SECTION 9602, TITLE 9, DELAWARE CODE, RELATING TO THE SALARY OF THE RECORDER OF DEEDS IN AND FOR NEW CASTLE' COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 9602 (1), Title 9, Delaware Code, is amended by striking the figure "$9,000", as the same appears therein, and inserting in lieu thereof the figure "$12,000". Section 2. This Act is effective January 1, 1971. Approved March 2, 1971. 10 CHAPTER 8 FORMERLY HOUSE BILL NO. 12 WITH SENATE AMENDMENT NO. 1 AN ACT TO AMEND SECTION 2004, CHAPTER 20, TITLE 14, DELAWARE CODE RELATING TO CONSTRUCTION OF FACILITIES EXCEEDING THE STANDARD SCHOOL CONSTRUCTION FORMULA. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 2004, Title 14, Delaware Code, by striking the section in its entirety and substituting in lieu thereof the following: § 2004. Construction of facilities exceeding the standard formula The provisions of this Chapter shall not prevent the State Board of Education from approving school construction requests submitted by Districts when such requests vary from the standard formula; provided, however, that when the costs of the facilities so approved exceed the costs determined by the standard formula, the voters in the Districts so affected may authorize and limit by referendum the expenditure of funds to the amount based on the standard formula, such referendum to be held in accordance with the provisions of Chapter 21 of this Title. The following form shall be used on the ballots in such election: Section I Vote for one For a bond issue at this time Against a bond issue at this time Section II Vote for one In the event that the majority of votes cast in Section I is for a bond issue, which bond issue would you prefer? A. For the bond issue in the amount of $ as recommended by the School Board. Chapter 8 11 B. For the bond issue in the amount of $ as determined from the standard formula by the State Board of Education. The amounts of the proposed bond issues shall be inserted in the appropriate spaces on the ballot. Section I of the ballot shall be counted first. If the majority is for issuance of a bond (Section I) then Section II shall be counted and in no case shall the bond issue recommended by the school board be authorized with less than a majority of the total ballots validated for count; the lack of which majority will constitute a positive bond issue authorization by the standard formula of the State Board of Education." Approved March 11, 1971. 12 CHAPTER 9 FORMERLY HOUSE BILL NO. 84 WITH HOUSE AMENDMENT NO. 1 AN ACT AMENDING CHAPTER 1, TITLE 22 OF THE DELAWARE CODE PROVIDING A LIMIT ON THE ISSUANCE OF BONDS AND NOTES FOR CITIES HAVING POPULATIONS IN EXCESS OF 50,000. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 1, Title 22 of the Delaware Code, is amended by adding a new section thereto numbered Section 106 to read as follows: § 106. Debt limit of cities with population in excess of 50,000 (a) All cities in the State of Delaware having a population in excess of 50,000 as enumerated in the most recent Federal census which have the power to borrow money and issue negotiable bonds and notes to evidence such borrowing are hereby authorized to issue such bonds, and notes in anticipation of the issuance of such bonds, in an amount not in excess of sixteen percent of the assessed valuation of real estate taxable by such city. In computing the aggregate principal amount of such bonds and notes of such city, there shall be excluded (1) all bonds and notes issued by such city for the purpose of providing a supply of water for such city; and (2) all bonds and notes issued by such city for sewer purposes as a part of the sewer system of such city for which such city collects rates, rents or fees; and (3) any bonds and notes issued by such city for school purposes but not in excess of three per centum of the assessed valuation of the real estate taxable by such city; however, any such city may issue school bonds and notes within its debt limitation in excess of the three per centum which is excluded from the aggregate principal amount which may be issued; and (4) all bonds and notes issued by such city for any other purpose for which an exclusion is authorized by law including but not limited to exclusions for bonds and notes issued for Parking Authority purposes and Urban Renewal purposes; (5) any guaranty or other obligation incurred pursuant to any law and Chapter 9 13 which said law provides shall be excluded from the computation of any debt limitations of such city; and (6) bonds issued to fund outstanding notes not otherwise excluded, until such notes are retired. (b) Bonds may be issued within the limits prescribed herein notwithstanding any debt or other limitation prescribed by any other law provided however that such bonds, or notes issued in anticipation of the issuance of such bonds, must be approved and authorized by the governing body of such city in the same manner as all other obligations of such city are authorized. Section 2. This Act shall replace the debt limit for such cities provided in any other law, special or general. Section 3. This Act shall take effect immediately. Approved March 11, 1971. 14 CHAPTER 10 FORMERLY SENATE BILL NO. 38 AN ACT TO AMEND CHAPTER 43, TITLE 29 OF THE DELAWARE CODE REGARDING THE APPOINTMENT OF NOTARIES PUBLIC FOR CERTAIN SERVICE ORGANIZATIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Paragraph (a) of Section 4304, Title 29 of the Delaware Code by adding thereto the words "Paralyzed Veterans of America" immediately following the comma (,) following the phrase "and of the American Legion" as it appears on line 4 of the said paragraph (a), Section 4304, Title 29 of the Delaware Code. Approved March 15, 1971. CHAPTER 11 FORMERLY SENATE BILL NO. 8 AN ACT TO AMEND SECTION 4974, TITLE 10, DELAWARE CODE RELATING TO PLACE FOR PUBLIC SALE OF REAL ESTATE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 4974, Chapter 49, Title 10, Delaware Code, is hereby amended by striking all of §4974 and inserting in lieu thereof a new § 4974 to read as follows: §4974. Place for public sale of real estate All sales of real estate, made by a sheriff by virtue of execution process, shall be made on the premises to be sold or at the Court House for the county in which the premises are situated. Approved March 18, 1971. 15 16 CHAPTER 12 FORMERLY SENATE BILL NO. 34 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION IN THE AMOUNT OF $60,000 TO DELAWARE STATE COLLEGE FOR SALARIES. WHEREAS, the salaries of employees in the classified service were increased by the 125th General Assembly (Senate Bill No. 455); and WHEREAS, adjustments in the pay scales of Delaware State College employees comparable to employees in the classified service in grades 1 through 18 are essential to the retention and recruitment of such Delaware State College employees; and WHEREAS, the monies appropriated to the Delaware State College for employees' salaries for the fiscal year ending June 30, 1971, in the line items designated "Salaries" did not include the funds necessary for such salary increases. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $60,000 is hereby appropriated to the Delaware State College as an additional sum for the line items designated "Salaries" for the fiscal year ending June 30, 1971. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware, not otherwise appropriated. Approved March 18, 1971. CHAPTER 13 FORMERLY SENATE BILL NO. 137 AN ACT AUTHORIZING THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO ADMINISTER AND DISTRIBUTE $647,422.00 IN THE FORM OF GRANTS TO THE TOWN OF SELBYVILLE FROM FUNDS AUTHORIZED UNDER CHAPTER 736, VOLUME 57, LAWS OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Secretary of the Department of Natural Resources and Environmental Control is hereby authorized and empowered to administer and distribute $647,422.00 to the Town of Selbyville in the form of grants from funds heretofore authorized under the provisions of Chapter 736, Volume 57, Laws of Delaware; provided, however, that the following provisions have been met: That the Secretary shall develop procedures for the administration and distribution of said grant; That the Selbyville project receive no less than 25% of the total cost, eligibility for which has been determined by the Secretary and the Federal Water Pollution Control Administration pursuant to Public Law No. 660, however, in no case shall the grant of state funds exceed 33 1/3% of the total cost of the water pollution control facilities; That the acquisition of real property shall not be an eligible project cost; That in computing costs for said project, no deduction shall be made for any Federal grants made for such project; That the Selbyville project has met an abatement plan approved by the Secretary. 17 18 Chapter 13 Section 2. "Water pollution control facilities" as used hereinabove shall mean engineering services rendered in the design and construction of the project, waste water treatment plants, intercepting sewers (collection system excluding house connections), repair of streets damaged in the construction process, or any other necessary appurtenances required for proper operation of the system. Approved March 30, 1971. Chapter 14 19 CHAPTER 14 FORMERLY HOUSE BILL NO. 48 AS AMENDED BY HOUSE AMENDMENTS NO. 1, 5, 6, AND 8 AN ACT TO AMEND TITLE 22, DELAWARE CODE, ENTITLED "MUNICIPALITIES" BY ADDING THERETO A NEW CHAPTER 9 AUTHORIZING CITIES 'WITH A POPULATION IN EXCESS OF 50,000 PERSONS TO ENACT A TAX ON INCOME OF ITS RESIDENTS; AND A TAX ON THE INCOME OF NONRESIDENTS ENGAGED IN ANY OCCUPATION, BUSINESS OR PROFESSION WITHIN THE CITY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 22, Delaware Code, is amended by the addition thereto of a new Chapter 9 to read as follows: CHAPTER 9. MUNICIPAL USER TAX Authority to levy, assess and collect tax Any municipality of this State with a population in excess of 50,000 persons is hereby authorized to levy, assess and collect a tax for general revenue purposes on earned income of its residents and on any income earned within the city by persons not residing within such city but engaged or employed in any business, profession or occupation within such city. Limitations Any tax assessed within the provisions of this tax shall not exceed 1.5 percent of the income of residents of such city per annum; and 1.5 percent of the income of nonresidents earned within the city per annum. Income; definition 'Income' means the total income from whatever source earned by any resident of such city; and the total income earned 20 within such city by any nonresident of the city. Regulations Each such municipality is authorized to promulgate and enforce such regulations as it deems necessary for the assessment, collection and enforcement of such tax. Severability The provisions of this Act are severable and should any portion of this Act be declared to be invalid for any reason, the remaining portions shall continue to be valid and enforceable. Suit in Superior Court Any such municipality which adopts the provisions of this Act is in addition to all other means of enforcement mailable authorized to bring suit in the Superior Court of the county in which such city is located. Collection and enforcement Taxes due under any Municipal User Tax adopted prior to the passage of this Act shall continue to be collected and enforced and shall not be abated. Effective period This Act shall be effective until June 30, 1973, and shall not be effective for any time thereafter except for the collection and enforcement of any taxes due for the aforementioned effective time. Termination The authority granted under Section 901 of this chapter shall be terminated as to any municipality which shall decrease its real estate tax rate after the passage of this Act or during the effective time of this Act. Approved March 30, 1971. CHAPTER 15 FORMERLY SENATE BILL NO. 106 AN ACT TO AMEND SUBCHAPTER III, CHAPTER 10, TITLE 14 OF THE DELAWARE CODE RELATING TO THE SCHOOL BOARD FOR THE REORGANIZED SCHOOL DISTRICT WHICH INCLUDES THE FORMER SCHOOL DISTRICT OF ALEXIS I. DU PONT SPECIAL SCHOOL DISTRICT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend paragraph (b) of Section 1062, Subchapter III, Chapter 10, Title 14 of the Delaware Code, by striking in its entirety the phrase "and no member shall fail to state his political affiliation." Approved April 1, 1971. 21 22 CHAPTER 16 FORMERLY HOUSE BILL NO. 85 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE SECRETARY OF STATE FOR AUTOMATION OF THE FRANCHISE TAX DEPARTMENT AND THE CORPORATION DEPARTMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. In addition to any other sums previously appropriated, there is hereby appropriated to the Secretary of State for the fiscal year ending on June 30, 1971, the sum of $65,000 for the purpose of automation of the franchise tax operation by the State Central Data Processing Division. Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. The funds so appropirated shall be used only for the purposes herein specified, and any funds appropriated but unexpended by June 30, 1972 shall thereupon revert to the General Fund of the State Treasury. Approved April 5, 1971. 23 CHAPTER 17 FORMERLY SENATE BILL NO. 108 AN ACT TO AMEND SECTION 9402, TITLE 9, DELAWARE CODE, RELATING TO THE SALARY OF THE CLERK OF THE PEACE IN AND FOR NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 9402 (1), Title 9, Delaware Code, is hereby amended by striking the figure "$9,000", as the same appears therein and inserting in lieu thereof the figure "$12,000". Approved April 6, 1971. 1! 24 CHAPTER 18 FORMERLY HOUSE BILL NO. 91 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE FOR THE PURPOSE OF PROVIDING ADDITIONAL SALARIES, CONTRACTUAL SERVICES, SUPPLIES AND MATERIALS AND CAPITAL OUTLAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $16,500 is hereby appropriated to the Department of Justice for the fiscal year ending June 30, Section 2. This Act shall be considered a supplementary appropriation and the monies appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. If any of the funds in the above categories remain unexpended upon June 30, 1971, such funds shall thereupon revert to the General Fund of the State Treasury. Approved April 6, 1971. 1971, in the following categories and amounts: Salaries and wages $12,600 Contractual services 2,300 Supplies and materials 600 Capital outlay 1,000 $16,500 CHAPTER 19 FORMERLY HOUSE BILL NO. 32 AN ACT TO AMEND TITLE 14 OF DELAWARE CODE, CHANGING THE NAME OF THE "DELAWARE INSTI-TUTE OF TECHNOLOGY" TO "DELAWARE TECHNICAL AND COMMUNITY COLLEGE". Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 91, Title 14, Delaware Code, is amended by striking out the words "Delaware Institute of Technology" where they appear therein and inserting in lieu thereof the words "Delaware Technical and Community College". Section 2. Chapter 91, Title 14, Delaware Code, is amended by striking out the words "The Institute" where they appear therein and inserting in lieu thereof the words "The College". Approved April 8, 1971. 25 26 CHAPTER 20 FORMERLY HOUSE BILL NO. 136 AN ACT TO AMEND TITLE 10, SECTION 145, DELAWARE CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME COURT FROM A FINAL JUDGMENT OF THE COURT OF CHANCERY FROM 60 DAYS TO 30 DAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 145, Title 10, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new Section 145 to read as follows: §145. Time for appeal from final judgment of the Court of Chancery No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme.,Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree. This section shall not affect the time for cross-appeals provided in Section 149. Section 2. This Act shall not affect the time for appeal from final judgments entered prior to the effective date of this Act. Such judgments shall be subject to the 60-day limitation in effect prior to such date. Section 3. This Act shall become effective 60 days after the date this Act is enacted into law. Approved April 9, 1971. CHAPTER 21 FORMERLY HOUSE BILL Na. 134 AN ACT TO AMEND TITLE 10, SECTION 148, DELAWARE CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME COURT FROM A FINAL JUDGMENT OF THE SUPERIOR COURT IN CIVIL ACTIONS FROM 60 DAYS 10 30 DAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 148, Title 10, Delaware Code, is amend-ed by striking said section in its entirety and inserting in lieu thereof a new Section 148 to read as follows: §148. Time for appeal from final judgment of the Superior Court in civil actions No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk therepf within 30 days after the date of the judgment or decree. This section shall not affect the time for cross-appeals provided in Section 149. Section 2. This Act shall not affect the time for appeal from final judgments entered prior to the effective date of this Act. Such judgments shall be subject to the 60-day limitation in effect prior to such date. Section 3. This Act shall become effective 60 days after the date this Act is enacted into law. Approved April 9, 1971. 27 28 CHAPTER 22 FORMERLY HOUSE BILL NO. 135 AN ACT TO AMEND TITLE 10, SECTION 147, DELAWARE CODE, TO REDUCE THE APPEAL TIME TO THE SU-PREME COURT FROM THE SUPERIOR COURT IN CRIMI-NAL ACTIONS FROM 60 DAYS TO 30 DAYS. Be it enacted by the General Assembly of the State of Delaware: Section I. Section 147, Title 10, Delaware Code, is amend-ed by striking said section in its entirety and inserting in lieu thereof a new Section 147 to read as follows: §147. Time for appeal from Superior Court in criminal actions No appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree. Section 2. This Act shall not affect the time for appeal from final judgments entered prior to the effective date of this Act. Such judgments shall be subject to the 60-day limitation in effect prior to such date. Section 3. This Act shall become effective 60 days after the date this Act is enacted into law. Approved April 9, 1971. Chapter 23 29 CHAPTER 23 FORMERLY SENATE BILL NO. 97 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE BASIC PROPERTY PROTECTION PLAN BY DELETING SUBSECTION (d) (i) OF SECTION 4103 AND BY AMENDING SECTION 4106. WHEREAS, the Federal Legislation authorizing Delaware's FAIR PLAN providing for making property insurance available to qualified property otherwise difficult to insure provides for inclusion of property used for farming and manufacturing pur-poses; and WHEREAS, Delaware's FAIR PLAN, Title 18, Delaware Code, Chapter 41, discriminates against farming and manufactur-ing property by eliminating them from coverage in Title 18, Delaware Code, Section 4103 (d) (i); and WHEREAS, the owners of such farming or manufacturing property are having great difficulties getting property insurance protection due to changing social conditions; and WHEREAS, the Delaware Insurance Commissioner has made a determination that due to such changing social conditions it would be fair and equitable to such persons and in the best interest of the State of Delaware to amend Chapter 41 to provide FAIR PLAN coverage for otherwise qualified farming and/or manufacturing property. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section I. Amend Title 18 of the Delaware Code, by deleting section (i) of paragraph (d) of Section 4103 and by renumbering section (ii) as (i), section (iii) as (ii) and section (iv) as (iii). IIIIMPLIFIIMAIMPRousonimmummumonimam. 30 Chapter 23 Section 2. Amend Title 18 of the Delaware Code, by adding a period at the end of the fifth line of Section 4106 after the word 'distribution' and by deleting from said Section 4106 the words 'but shall not include farm or manufacturing properties.' Approved April 9, 1971. A 31 CHAPTER 24 FORMERLY SENATE BILL NO. 89 AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE CITY OF LEWES" TO INCREASE THE MAXIMUM AMOUNT WHICH MAY BE CONTRIB-UTED TO THE VOLUNTEER FIRE COMPANY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. Subsection (28), Section 29, Chapter 170, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the words and figures "three per centum (3%)" as the same appear in said Subsection (28) and substituting in lieu thereof the words and figures "twelve per centum (12%)." Approved April 9, 1971. 32 CHAPTER 25 FORMERLY HOUSE BILL NO. 41 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE, RELATING TO THE IMPORTATION OF ALCOHOLIC LIQUORS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 501, Title 4 of the Delaware Code, to read as follows: 6501. Necessity of license; exception Any person proposing to manufacture in or to import alcoholic liquor into the State of Delaware shall obtain from the Commission a license authorizing such manufacture or importa-tion. The provisions of this Section shall not apply to those persons permitted by the laws of this State to purchase or consume alcoholic liquor; and any such person may import the quantity of one quart of alcoholic liquor or less per day into this state for his own consumption without the payment of any tax thereon, and without being subject to any restriction imposed by the Commis-sion. If such importation is by motor vehicle, the alcoholic liquor shall be transported in an area of the motor vehicle not immediately accessible to the driver or any passenger therein. Approved April 11, 1971. CHAPTER 26 FORMERLY HOUSE BILL NO. 107 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 51, TITLE 9, DELAWARE CODE, RELATING TO STREET AND HIGHWAY LIGHT-ING IN UNINCORPORATED COMMUNITIES AND VIL-LAGES IN KENT COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 5101, Title 9, Delaware Code, is amend-ed by inserting the word "real" before the word "property" as the same appears in the first line of said Section 5101. Section 2. Section 5101, Title 9, Delaware Code, is amend-ed by adding after the second sentence thereof a new sentence to read as follows: The petition shall state whether the light tax levied pursuant to Section 5102 of this chapter shall be prorated among the owners of the property subject to said tax or based upon the assessment for county purposes. Section 3. Section 5102 (a), Title 9, Delaware Code, is amended by striking said subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Levy Court, for the purposes of carrying out any contract entered into pursuant to Section 5101 of this title, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into, an annual tax based upon the full annual cost of street and highway illumination upon all real property with a dwelling situated thereon within the boundary lines of the community or village as set forth in the petition provided for by Section 5101 of this title, which tax according to the instructions set forth in the petition filed pursuant to Section 5101 of this 33 34 Chapter 26 chapter shall be prorated among the owners of such property or based upon the assessment for county purposes. No such taxes shall be levied against farm land. Approved April 11, 1971. CHAPTER 27 FORMERLY SENATE BILL NO. 140 AN ACT TO AMEND CHAPTER 51, TITLE 29, DELAWARE CODE, BY INCLUDING UNDER HEALTH CARE INSUR-ANCE COVERAGE INDIVIDUALS RECEIVING RETIRE-MENT OR DISABILITY BENEFITS UNDER CHAPTER 39, TITLE 14, DELAWARE CODE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5120 (a) (2) of Title 29, Delaware Code, by changing the period at the end thereof to a semi-colon and by adding thereto the following language: "or one who is receiving retirement or disability benefits under the teachers' retirement and disability plan (Chapter 39, Title 14)." Section 2. The effective date of this Act shall be July 1, 1971. Approved April 11, 1971. 35 36 CHAPTER 28 FORMERLY SENATE BILL NO. 88 AN ACT TO AMEND AN ACT BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" TO PER-MIT VACANCIES IN THE OFFICE OF MAYOR OR COUNCILMAN TO BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Section 12, Chapter 42, Volume 53, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Section 12 and substituting in lieu thereof the following: Section 12. If any vacancy shall occur in the office of Mayor or Councilman, by death, resignation, loss of residence in the City of Seaford, refusal to serve, failure to elect or otherwise, the same may be filled by a majority vote of the members of the City Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members and shall hold office for the balance of the unexpired term to which he is appointed or until his successor is duly elected and qualified. Approved April 11, 1971. CHAPTER 29 FORMERLY HOUSE BILL NO. 115 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF HEALTH AND SOCIAL SERV-ICES. WHEREAS, Volume 57, Chapter 569, Laws of Delaware, referred to as the "Budget Act", appropriated funds to the Department of Public Welfare for the payment of Medical Aid Program Drugs and Title 19 Federal Program Other than State Institution; and WHEREAS, funds appropriated are insufficient to meet Fiscal 1971 requirements; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $664,400 is appropriated to the Department of Health and Social Services for Public Welfare. The sum to be allocated as follows: Public Welfare Section: 37 Section 2. Funds appropriated herein shall be paid by the State Treasurer from General Fund monies not otherwise appro-priated. Section 3. This is a supplementary appropriation, and funds appropriated herein, which remain unexpended on June 30, 1971, shall revert to the General Fund. Approved April 11, .1971. Medical Aid Program Drugs $110,400 Title 19 Federal Program Other than State Institutions 554,000 $664,400 38 CHAPTER 30 FORMERLY SENATE BILL NO. 146 AN ACT TO AMEND TITLE 31, CHAPTER 52, DELAWARE CODE, RELATING TO INTERSTATE COMPACT ON JU-VENILES PROVIDING AMENDMENTS RELATING TO OUT-OF-STATE CONFINEMENT, RENDITION AND EM-POWERING DESIGNATION OF ADMINISTRATOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 31, Chapter 52, Delaware Code, by adding to the end of §5203 the following: "AMENDMENT I. OUT-OF-STATE CONFINEMENT Whenever the duly constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, said officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the territory of the receiving state, such receiving state to act in that regard solely as agent for the sending state. Escapees and absconders who would otherwise be returned pursuant to Article V of the Compact may be confined or reconfined in the receiving state pursuant to this Amendment. In any such case the information and allegations required to be made and furnished in a requisition pursuant to such Article shall be made and furnished, but in place of the demand pursuant to Article V, the sending state shall request confinement or recon-finement in the receiving state. Whenever applicable, detention orders as provided in Article V may be employed pursuant to this paragraph preliminary to disposition of the escapee or absconder. The confinement or reconfinement of a parolee, proba-tioner, escapee, or absconder pursuant to this amendment shall require the concurrence of the appropriate judicial or administra-tive authorities of the receiving state. (d) As used in this amendment: (1) "sending state" means Chapter 30 39 sending state as that term is used in Article VII of the Compact or the state from which a delinquent juvenile has escaped or absconded within the meaning of Article V of the Compact; (2) "receiving state" means any state, other than the sending state, in which a parolee, probationer, escapee or absconder may be found, provided that said state is a party to this amendment. Every state which adopts this amendment shall designate at least one of its institutions for delinquent juveniles as a "Compact Institution" and shall confine persons therein as provided in Paragraph (a) hereof unless the sending and receiving state in question shall make specific contractual arrangements to the contrary. All states party to this amendment shall have access to "Compact Institutions" at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's delinquents as may be confined in the institution. Persons confined in "Compact Institutions" pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said "Compact Institution" for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge, or for any purpose permitted by the laws of the sending state. All persons who may be confined in a "Compact Institution" pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which said person would have had if confined or reconfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this amendment be construed as a waiver of any rights which the delinquent would have had if he had been confined or reconfined in any appropriate institution of the sending state except that the hearing or hearings, if any, to which a parolee, probationer, escapee, or absconder may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall 40 Chapter 30 act as agents of the sending state after consultation with appropriate officers of the sending state. Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs as among themselves. This amendment shall take initial effect when entered into by any two or more states party to the compact and shall be effective as to those states which have specifically enacted this amendment. Rules and regulations necessary to effectuate the terms of this amendment may be promulgated by the appropriate officers of those states which have enacted this amendment. AMENDMENT 2. RENDITION This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same. All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A Petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the compact shall be forwarded by the judge of the court in which the petition has been filed." Section 2. Amend Title 31, Chapter 52, Delaware Code, by deleting the first sentence of §5221 and inserting in lieu thereof the following: Chapter 30 41 "Pursuant to the Interstate Compact on Juveniles, the Governor is hereby authorized and empowered to designate the Secretary of the Department of Health and Social Services to be the compact administrator or to authorize the Secretary to designate an employee of the Department to be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact." Approved April 11, 1971. 42 CHAPTER 31 FORMERLY HOUSE BILL NO. 103 AN ACT TO AMEND AN ACT ENTITLED: "AN ACT TO RE-INCORPORATE THE TOWN OF CLAYTON" BY EXTENDING THE LIMITS OF SAID TOWN. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): Section 1. The Charter of the Town of Clayton (Chapter 131, Volume 33, Laws of Delaware) is hereby amended by the addition of the following paragraph to the end of Section 1: "In addition to the present limits of the Town of Clayton, the Town shall be extended to include all that certain tract, piece or parcel of land situated partly in Duck Creek Hundred and partly in Kenton Hundred, Kent County and State of Delaware, lying adjacent to the northeasterly corner of the corporate limits of the Town of Clayton and being more particularly described as follows, to-wit: "BEGINNING at a point at a corner for this tract and the Town of Smyrna located in the northerly right-of-way line of Duck Creek Road (County Road No. 134), thence with said right-of-way line South 41 degrees, 30 minutes West 478.6 feet to a point in the easterly right-of-way line of a 30 foot wide road leading northerly to the Clayton disposal plant and landfill; thence with said easterly right-of-way line of said 30 foot wide road North 22 degrees, 30 minutes West 736.5 feet; thence with line of lands of the Town of Clayton North 74 degrees, 30 minutes East 567 feet to a point common to this tract and the Town of Smyrna; thence with line of the corporate limits of the town of Smyrna North 37 degrees, 42 minutes West 92 feet; thence continuing with said line of corporate limits of Town of Smyrna North 30 degrees, 27 minutes West 400 feet to the center line of Providence Branch which flows to Duck Creek, said Branch being the division line between Kent County and New Castle County: thence with said center line of said Branch its many courses and distances northwesterly 1700 feet, more or less, to a point in the easterly right-of-way line of the Penn Central Railroad; thence with the easterly right-of-way line of Penn Central Railroad south 16 degrees East 1752 feet to a point set in said right-of-way line; thence crossing said right-of-way South 45 degrees 3 minutes West 728.06 feet to a point in the westerly right-of-way line of Green Spring Road (County Road No. 38); thence with said right-of-way line South 17 degrees East 481.62 feet to a point in the southerly right-of-way line of Duck Creek Road (now abandoned); thence with the southerly right-of-way line of Old Duck Creek Road (now abandoned) North 50 degrees 27 minutes East 225.5 feet; thence continuing with said right-of-way line of said road North 44 degrees 38 minutes East 478.71 feet to the centered line of the Penn Central Railroad; thence with the existing line of the corporate limits of the Town of Clayton North 72 degrees 6 minutes East 1597.8 feet to a corner; thence continuing with the existing line of the corporate limits of the Town of Clayton South 17 degrees 54 minutes East 538.4 feet to a point for this tract in line of the corporate limits of the Town of Smyrna; thence with line of the corporate limits of the Town of Smyrna North 46 degrees 13 minutes East 530 feet to a corner; thence continuing with line of the corporate limits of the Town of Smyrna North 42 degrees 6 minutes 14 seconds West 1184.39 feet to the point and place of beginning and containing 68.86 acres of land, be the same more or less. EXCEPTING THEREFROM, HOWEVER, that portion of said land described in deed of Rebecca Dunn, single woman, to the Town of Clayton dated April 17, 1943 and of record in the Office of the Recorder of Deeds in and for Kent County, at Dover, in Deed Record E, Volume 16, page 454, said lands having heretofore been annexed into the corporate limits of the Town of Clayton on August 15, 1955 (Chapter 519, Volume 50, Laws of the State of Delaware)." Approved April 11, 1971. Chapter 31 43 44 CHAPTER 32 FORMERLY SENATE BILL NO. 90 AN ACT TO AMEND CHAPTER 5, TITLE 7 OF THE DELA-WARE CODE, TO EXEMPT MINORS WITH MILITARY TRAINING FROM THE REQUIREMENTS OF THE MAN-DATORY SIX HOURS REQUIRED INSTRUCTION IN ORDER TO OBTAIN A HUNTING LICENSE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 501, Chapter 5, Title 7 of the Delaware Code, by striking the phrase "and every resident of this State under the age of nineteen years shall have satisfactorily completed six hours of instruction in safety" and substituting in lieu thereof the following: "and every resident of this State under the age of nineteen years, except those who have completed their basic military training in the use of firearms, shall have satisfactorily completed six hours of instruction in safety." Approved April 1 1, 1971. CHAPTER 33 FORMERLY HOUSE BILL NO. 65 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 6, TITLE 14, OF THE DELAWARE CODE AUTHORIZING THE PAYMENT OF TUITION FOR INMATES OF CHILDREN'S HOMES OR INSTITUTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 6, Title 14, is hereby amended by adding the following new Section: §606. Inmates of Children's Homes or Institutions The Board of Education of any school district in which there is located any orphans' home, home for the friendless, children's home, other institutions for the care of orphans or other children, or any institution to which children are assigned by any court for any reason, may at the discretion of such Board of Education permit any children who are inmates of such homes or institutions but not legal residents in such district to attend the public schools in said district; and the district of residence shall be liable for the tuition of such pupils. If a charge is made by any school district for tuition for the inmates of any homes or institutions who are in attendance in such district's schools, the officers of the homes or institutions shall submit to the Board of Education a sworn statement setting forth the names, ages and school district liable for tuition of all children who desire to attend public schools in the district, and who are inmates thereof as of September 30 of each year, together with a blank acknowledging or disclaiming residence signed by the secretary of the school district in which the home or institution declares the legal residence of the children to be. If the sending district does not return the said blank with an acknowledgment or disclaimer within -thirty days from the time it was mailed, the Superintendent of the Department of Public Instruction shall withhold from Division III entitlement the tuition for such inmates from the district of residence upon receipt of a sworn 45 46 Chapter 33 statement setting forth the names, ages, tuition charges and district of legal residence, such sworn statement to be furnished by the receiving district." Section 2. This Act shall become effective on July 1, 1971. Approved April 11, 1971. CHAPTER 34 FORMERLY SENATE BILL NO. 49 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO REINCORPORATE THE TOWN OF BLADES. WHEREAS, it is deemed desirable that the Charter of the Town of Blades, being Chapter 155, Volume 28, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Blades", be consolidated into one complete Act and in certain respects supplemented, amended and revised. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware ( two-thirds of all Members elected to each House thereof concurring therein): INCORPORATION Section 1. The inhabitants of The Town of Blades within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic and corporate in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature whatsoever by the corporate name of "The Town of Blades". TERRITORY AND LIMITS Section 2. The present boundaries and limits of The Town of Blades are hereby established and declared to be, as follows: Beginning at a point on the southern side of the Nanticoke River at the property line of the Delaware Division of Pennsylvania Railroad; thence running by and with said River to the eastern line of the property known as the Jacob Morgan property; thence south with the said Jacob Morgan property to a white oak standing in the field at a corner known as the Hall and Tull's line; thence from said white oak in a southwestern direction to the boundary of the Mechanic's Cemetery; from thence in a straight line to the Delaware Division of the Pennsylvania Railroad; thence in a northern direction by and with said railroad to the place of 47 48 Chapter 34 beginning. The Town Council of the Town of Blades may at any time after enactment of this Act cause a survey and a plot to be made of the Town by a Registered Land Surveyor as its limits are established by this Act and the said plot when so made and approved by a Resolution of the Town Council shall be recorded in the Office of the Recorder of Deeds, in and for Sussex County, without any other approval whatsoever, and shall be evidence in all courts of law and equity, said plot being of record in the Office of the Recorder of Deeds, in and for Sussex County, in Deed Book at page ANNEXATION OF TERRITORY Section 3. In the event that it becomes feasible or necessary in the future for The Town of Blades to enlarge its then existing limits and territory, such annexation accomplished in accordance with the following procedures shall be lawful: If five (5) or more property owners resident in a territory contiguous to the then limits and territory of The Town of Blades, by written petition with the signature of each such petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they reside and own property, the Mayor of The Town of Blades shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or, the Town Council, by a majority vote of the elected members thereof, may, by resolution, propose that a committee, composed of not less than three (3) of the elected members of said Town Council, be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Blades. Not later than ninety (90) days following its appoint-ment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to Chapter 34 49 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 Town and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Town Council proposing to the property owners and residents of both the Town and the territory proposed to be annexed that the Town 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 Town 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 residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds of the elected members of the Town Council. If the resolution shall fail to receive the affirmative vote of two-thirds of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one 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 Town Council setting forth the above information shall be printed in a newspaper published in The Town of Blades at least one week prior to the date set for the public hearing, or, if no newspaper is published in the Town, publication shall be had in a newspaper having a general circulation both in the Town and in the territory proposed to be annexed, or, at the discretion of the Town Council the said resolution shall be posted in five (5) public places both in the Town and in the territory proposed to be annexed. (c) Following the public hearing, but in no event later than thirty (30) days thereafter, a resolution shall then be passed by a majority of the Town 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 Town Council's determination to proceed with the matter of the proposed annexation. 50 Chapter 34 The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immedi-ately preceding the date of the Special Election in at least two (2) issues of a newspaper published in the Town, or, if no newspaper is published in the Town, 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 Town and in the territory proposed to be annexed, or, in the discretion of the Town Council, the said notice may be posted in five (5) public places both in the Town and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the Special Election. At the Special Election, every property owner, whether an individual, a partnership, or a corporation, both in the Town and in the territory proposed to be annexed, shall have one (1) vote for each One Hundred Dollars ($100.00) of assessment as shown by the books of the Town in the case of Town property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed. Every citizen of either the Town or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one (1) vote for each Two Hundred Dollars ($200.00) of assessment. In the event that a person is the owner of property in the Town and is also an owner of property 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 is the owner of property in the Town and is also an owner of property in the territory proposed to be annexed but does not reside in either place, he may vote only in the Town, and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed shall not be entitled to vote. The books and records of The Town of Blades in the case of Town property owners and the books and records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed shall be conclusive evidence of the right of such property owners to vote at the Special Election. In the event that an individual holds a Power of Attorney duly executed and acknowledged and specifically au-thorizing said person to cast the votes of a partnership or corporation at the said Special Election, a duly authenticated copy of the Power of Attorney shall be filed in the office of the Town Chapter 34 51 Clerk. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of the person so named to cast the votes of another person or to cast the votes of a partnership or a corporation at the Special Election. The Council shall cause to be prepared, printed and have available a sufficient amount of ballots not less than five (5) days prior to the date of the Special Election. The form of the ballot shall be as follows: [ ] For the proposed annexation. [ ] Against the proposed annexation. Please mark your preference. On the reverse side of the ballot shall be the following: This ballot casts votes. The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and be the owner of property in the Town, and at least one of whom must reside and be the owner of property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be con-ducted in the Town Hall and the Board of Special Election shall have available, clearly marked two (2) ballot boxes. All ballots cast by those persons, partnerships, or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the Town shall be deposited in the other such ballot box. The polling places shall be opened from 12:00 noon, prevailing time, until 7:00 P.M., prevailing time, on the date set for the Special Election. 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 number of votes cast for and against the proposed 52 Chapter 34 annexation, and the number of void votes, and shall deliver the same to the Town Council. The said certificate shall be filed with the papers of the Council. (j) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town and from the territory proposed to be 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 at least a period of one (1) year from the date of the Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Blades shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds for Sussex County, in Georgetown, Delaware, without approval of any board, agency, commission or governing body being required. In no event shall such 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 Town of Blades from the time of said recordation. The failure to record the description and 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 (90) days period from the date of favorable Special Election. STRUCTURE OF GOVERNMENT Section 4. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in the Mayor and Town Council. The term of the Mayor shall be a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified. The Town Council shall be composed of five (5) members, each of whose terms shall be for a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified. Chapter 34 53 The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades shall receive a salary of Three Hundred Dollars ($300.00) per annum. QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN Section 5. The qualifications for Mayor and for City Councilman at the time of his election shall be as follows: A bona fide citizen of the United States and of the State of Delaware and a resident freeholder of The Town of Blades for at least three (3) years next preceding the annual election. At least twenty-five (25) years of age; and A non-delinquent taxpayer of The Town of Blades of all property taxes levied or assessed by The Town of Blades against his or her freehold for at least one (1) year next preceding the annual election. Each of the qualifications for the Mayor and the Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any of the Town Councilmen to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office. For all purposes of this Section, the word "freeholder" shall be deemed to include any person who holds fee simple title to real estate either in his own name, as a tenant in common, as a joint tenant, or as a tenant by the entirety. METHOD OF MAKING NOMINATIONS FOR MAYOR AND TOWN COUNCILMAN Section 6. Each candidate for Mayor and Town Councilman shall be nominated as follows: (a) Each candidate shall notify the Town Clerk in writing of his candidacy for the office of either Mayor or Town Councilman; 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 54 Chapter 34 Town Councilman with the Town Clerk of the Town provided that the candidate endorses his written consent thereon. All such notifications of candidacy must be filed at the office of the Town Clerk during the regular business hours of the Town at least twenty (20) days prior to the date of the annual election next ensuing; and thereupon, it shall be the duty of the Town Clerk to have a list of names of all candidates so filed with him printed in a newspaper of general circulation in The Town of Blades at least seven (7) full days prior to the said annual election next ensuing; or in the discretion of the Town Council, the Town Clerk may post a list of the names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Council. One of the said public places shall be in the Town Hall of The Town of Blades. In the event that the Town Clerk is unable to act because of illness, absence, or for any other reason whatsoever, the names of all candidates shall be filed with the Vice-President of the Town Council who shall thereupon perform the duties required of the Town Clerk in subsection (b) of this section. MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION Section 7. The procedure for holding the Annual Municipal Election shall be as follows: The Annual Municipal Election shall be held at the Town Hall in The Town of Blades on the first Monday in March of each and every year from two o'clock in the afternoon, prevailing time, until six o'clock in the evening, prevailing time, the first said Annual Municipal Election to be held pursuant to this Charter to be held on the first Monday in March, A. D. 1972. If there is no contest for any elected office in any particular year, it shall be unnecessary to open the polls and the persons whose terms expire shall be deemed to be elected for another full term. At the Annual Municipal Election to be held on the first Monday in March, A. D. 1972, three (3) Councilmen shall be elected to serve a term of two (2) years or until their respective successors shall be duly elected and qualified. At the Annual Municipal Election to be held on the first Monday in March, A. D. 1973, a Mayor and two (2) Councilmen Chapter 34 55 shall be elected. The Mayor shall be elected to serve a term of two (2) years or until his successor shall be duly elected and qualified. Each of the two (2) candidates for the office of Councilman who receives the highest number of votes shall be elected for a term of two (2) years or until their respective successors shall be duly elected and qualified. The candidate for the office of Councilman who receives the third highest number of votes shall be elected for a term of one (1) year or until his successor shall be duly elected and qualified. At the Annual Municipal Election to be held on the first Monday in March, A. D. 1974, three (3) Councilmen shall be elected to serve a term of two (2) years or until their respective successors shall be duly elected and qualified. Thereafter, at each Annual Municipal Election, there shall be elected three (3) Councilmen who shall serve for a term of two (2) years or until their respective successors have been duly elected and qualified except at the Annual Municipal Election in the year when a Mayor is to be elected at which time two (2) Councilmen shall be elected to serve for a term of two (2) years or until their respective successors shall be duly elected and qualified. The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades who hold office at the time of the passage of this Act shall continue to hold office until their respective successors have been duly elected and qualified. The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two Judges appointed by the Mayor of The Town of Blades with the concurrence of a majority of the members of the Town Council at the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, taking reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said Annual 56 Chapter 34 Municipal Election to elect from among themselves a person 'to fill each vacancy in such Board of Election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such Annual Municipal Election. (h) At such Annual Municipal Election, every person, male or female, who shall have attained the age of twenty-one (21) years on the date of the Annual Municipal Election and who shall have been a citizen of the United States for a period of one (1) year and a citizen of The Town of Blades for a period of three months preceding the date of the Annual Municipal Election shall have one (1) vote, provided he or she has registered on the "Books of Registered Voters" of The Town of Blades. The Town Council of The Town of Blades shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the Office of the Town Clerk. The Books of Registered Voters shall contain the following information for each registrant: The name of the registered voter arranged in alphabetical order, the address of the voter, the birthdate of the voter, the date the registrant became a citizen of the United States, the date that the registrant became a resident of The Town of Blades, and any other pertinent information. No. person shall be registered upon the Books of Registered Voters unless he will have acquired the qualification to vote in the Annual Municipal Election for the year in which he registers. A person shall be required to register only one time; provided, however, that if a registered voter fails to vote in two consecutive contested Annual Municipal Elections, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the Books of Registered Voters and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Voters shall be maintained in the Office of the Town Clerk and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the Office of the Town Clerk during the regular business hours of such office until the close of business of such office on the twelfth day prior to the date of the Annual Municipal Election by completing such forms as may be provided by the Town. Chapter 34 57 ORGANIZATION AND ANNUAL MEETING OF COUNCIL Section 8. (a) Before entering upon the duties of their respective offices, the Mayor elect, and the Councilman elect, shall be sworn by a Notary Public to perform faithfully and impartially the duties of their respective offices with fidelity. At 7:30 o'clock p.m. at the first regular meeting following the annual election, the Mayor and Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform 'their duties with fidelity as aforesaid. (b) At this annual meeting, held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect, by ballot, a Vice-President, who shall hold office for the term of one year, or until his successor shall be duly elected. The Town Council shall also choose an Assistant Secretary to serve until the first regular meeting after the next Annual Municipal Election, who may or may not be from among their own number and such other officers and employees as may be determined to be necessary. REGULAR AND SPECIAL MEETINGS Section 9. The Town Council of The Town of Blades shall hold one meeting in each month on the second Monday of the month. If the second Monday of the month shall be a legal holiday, the monthly meeting of the Town Council of The Town of Blades shall be held on the third Monday of the month. Special meetings shall be called by the Secretary upon the written request of the Mayor of The Town of Blades, or upon the written request of any two members of the Town Council of The Town of Blades, 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 Town 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 Town of Blades 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 Town of Blades and by all members of the Town Council prior to or immediately upon the convening of such special meeting, shall make such written notice unnecessary and 58 Chapter 34 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. The Secretary shall post or cause to be posted in three (3) public places within the corporate limits of The Town of Blades at least forty-eight (48) hours before the time of the special meeting notice of the special meeting, setting forth the day, hour and place of such special meeting and the subject or subjects to be considered thereat; Provided, however, that no such notice shall be required if a written waiver of notice be signed by the Mayor of The Town of Blades by all the members of the Town Council prior to or immediately upon the convening of such special meeting. QUORUM Section 10. A majority of the members elected to the Town Council shall constitute a quorum at any regular or special meeting; but a less 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. RULES AND MINUTES OF COUNCIL Section 11. 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 entered in the journal with the text of the ordinance or resolution. VACANCIES Section 12. If any vacancy shall occur in the office of Mayor or Councilman, by death, resignation, loss of residence in The Town of Blades, refusal to serve, failure to elect, or otherwise, the same may be filled by a majority vote of the members of the Town Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members, and shall hold office for the remainder of the unexpired term. DISQUALIFICATIONS Section 13. If any Councilman or Mayor, during his term of office, shall be found guilty of any crime or misdemeanor and Chapter 34 59 sentenced to imprisonment, for any term whatever, or shall for any reason cease to be resident of said Town, 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. CONTRACTS Section 14. (a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Five Hundred Dollars ($500.00) for materials, supplies, work or labor for the benefit and use of The Town of Blades with any member of the Town Council or the Mayor or with any partnership in which any member of the Town Council or the Mayor is a general partner or with any corporation in which any member of the Town Council or the Mayor is a director or controlling stockholder or with any firm or company which any member of the Town Council or Mayor is pecuniarily interested, provided that if all the other elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract. Any such contract executed without such unanimous vote shall be absolute-ly null and void. (b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder; PROVIDED, HOW-EVER, that competitive bidding shall not be required in any of the following circumstances: I. The aggregate amount involved is not more than Two Thousand Dollars ($2,000.00); The purchase or contract is for personal or professional services; The purchase or contract is for any service rendered by a university, college or other educational institution; The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision thereof; The purchase or contract is for property or services for which it is impracticable to obtain competition; 60 Chapter 34 The public exigency as determined by the Town Council will not permit the delay incident to advertising; The materials to be purchased are to be used to complete a project under the supervision of the Town Clerk; 8, The purchase or contract is for property or services for which the Town Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competi-tion; 9. A public emergency as determined by the Town Council exists. DUTIES OF THE MAYOR AND PRESIDENT OF TOWN COUNCIL Section 15. (a) The Mayor of The Town of Blades shall be President of the Town Council and shall preside at all meetings thereof, but shall vote only in the event of a tie. He shall appoint all committees, receive complaints of nuisances, and other complaints of citizens concerning violations of law and ordinances. He shall present a report of complaints of nuisances and violations of law and ordinances to the Town Council at the first regular meeting thereafter. He may require the Alderman or the Assistant Alderman, as hereinafter provided for in this Act, or the resident Justice of the Peace to proceed upon such infractions or violations of law or ordinances immediately in the event that he deems such action to be required. (b) The Mayor within thirty (30) days following his election may appoint, by and with the advice and consent of a majority of the elected members of the Town Council, two suitable persons who shall be qualified voters of The Town of Blades to act as Alderman and Assistant Alderman. The persons so selected and designated need not be Justices of the Peace. Both the Alderman and the Assistant Alderman shall hold office until each successor shall be appointed or chosen. (c) The Mayor shall be a Conservator of the Peace and shall have concurrent jurisdiction with the Alderman. If no Alderman or Assistant Alderman is appointed, the Mayor may perform all the duties prescribed for that office and all fines, penalties and Chapter 34 61 fees collected by him shall be paid to the Town Clerk. The Town Council shall procure a suitable record for such Mayor which shall be known as the "Mayor's Docket" upon which his official acts as set forth in this Section shall be enforced and kept. The Mayor and the Alderman shall on the first regular meeting in each month report to the Town Council all fines, penalties and fees imposed by them during the preceding month and pay over to the Town Clerk all such fines, penalties, and fees due to the Town received by them during said time, and any default of making such report and payment for a period of twenty (20) days after such report should be made, and such fines and penalties should be paid as aforesaid, they shall be deemed guilty of a misdemeanor and upon conviction thereof by information, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). The Mayor may for any reasonable cause, by and with the consent or upon the address of a majority of all members of the Council, remove from the office, any person appointed by him or by any of his predecessors. The person against whom the Mayor or the Council may be about to proceed shall receive five days notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and a fair hearing, if such a request is received by the Mayor by registered mail with return receipt requested ten (10) days following the date that notice of removal is received by such person. The Mayor may appoint such other committees as he deems necessary for the proper administration of The Town of Blades or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act. It shall be the duty of the Vice-President of the Town Council, in the absence of the Mayor to preside at all of the meetings of the Town Council and in the event of the absence of the Mayor to perform such other duties and have such other powers of the Mayor as are prescribed by the Charter of the Town of Blades or by any ordinance of the Council. 62 Chapter 34 TOWN CLERK Section 16. (a) The Mayor of The Town of Blades, by and with the advice of a majority of all the elected members of the Town Council, shall appoint a Town Clerk who shall be the Chief Administrative Officer of the Town. The Town Council shall impose such qualifications for Town Clerk as may be deemed necessary; PROVIDED, HOW-EVER, that no person holding the Office of Mayor of the Town of Blades, or the Office of Town Councilman nor shall any parent, child, brother or sister of the Mayor or Councilman of the Town of Blades be appointed Town Clerk during the term of office of such Mayor or Councilman. The Town Clerk shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Town Council. In the event of a tie, the Mayor of the Town of Blades shall cast the deciding vote. At least thirty (30) days before such removal shall become effective, the Town Council shall, by a majority vote, adopt a preliminary resolution stating the reasons for removal. The Clerk may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor more than thirty (30) days after the filing of the request. The request for a public hearing by the Clerk shall be by registered or certified mail with return receipt requested and shall be addressed to the Mayor of The Town of Blades. After such public hearing, if one be requested, the Town Council, by a majority vote, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Clerk from duty, with or without salary during the period of suspension, but shall cause to be paid to him any part of his salary which is due and owing at the time of suspension. If no public hearing is requested, the Town Council, at the expiration of thirty (30) days from the date of the preliminary resolution, shall adopt a final resolution either reinstating the Clerk or terminating his employment. For all purposes of this Section, in the event of a tie vote, the Mayor of the Town of Blades shall cast the deciding vote. All members of the Town Council of The Town of Blades who are entitled to vote and who are present shall vote for or against the removal of the Clerk. Chapter 34 63 The Town Clerk shall give bond with a corporate surety acceptable to the Town Council in an amount determined by the Town Council to be adequate conditioned upon the faithful performance of his duties, the payment to the Town of Blades of all money coming into his hands as Town Clerk from whatever source derived, and in the event of death, resignation, or removal from office, the delivery to his successor of all papers, books, records and other property of the Town of Blades in his hands or under his control. The expense of the bond shall be paid by The Town of Blades. The Town Clerk shall receive as compensation for his services an annual salary to be fixed from time to time by a resolution of the Town Council, payable in weekly installments. The Town Clerk shall attend all meetings of the Town Council and shall act as Secretary thereof, keeping proper and adequate minutes of its acts and proceedings. The Town Clerk shall be in attendance at his office on such days and between such hours as may be directed by the Town Council. The Town Clerk shall keep a record of all officers, agents and employees of the Town, when elected or appointed, the term of office or employment, and the salary or compensation thereof. The Town Clerk shall keep the assessment books and tax records of the Town with the names of the taxpayers arranged alphabetically showing the tax, a short description of the property, its assessed valuation, and all other assessments and charges due the Town. The Town Clerk shall collect all taxes, license fees, water rentals, sewer charges and all other money due to be paid to the Town pursuant to the provisions of this Charter or any amend-ment thereto, or as prescribed by any ordinance or resolution of the Town Council and he shall keep separate, complete and accurate records of all funds received and due to be paid to the Town. The Town Clerk shall act as Treasurer of The Town of Blades and shall promptly deposit in such bank or trust company designated by resolution of the Town Council all funds received 64 Chapter 34 by him and as may be directed by resolution of The Town Council, keep and maintain separate accounts for funds received from the payment of taxes, license fees, water rentals, sewer charges, or otherwise. He shall keep a full and complete record of all disbursements made by him. (k) The Town Clerk shall make such appointments and hire such employees at such compensations as the Town Council may from time to time determine. All employees shall be hired for an indefinite term and may be removed by the Town Clerk at any time unless otherwise provided by Council. He shall exercise his sole discretion in the appointment or hiring of any such employees; PROVIDED, HOWEVER, that if a resident or resi-dents of the Town, competent to perform the work required by the Town Clerk, can be found such resident or residents shall be given first choice. The Town Clerk shall be the sole judge of the competence or incompetence of any such person. The Town Council of The Town of Blades shall sit as a Board of Appeal to review the removal of any employee or employees at such times when a majority of the elected members of the Town Council shall deem it in the best interest of the Town to do so. The decision of the Town Council in such cases shall be conclusive. (1) It shall be the duty of the Town Clerk to supervise the administration of the affairs of the Town under his charge and to make such reports to the Town Council as are required by it. He shall make such recommendations to the Town Council concern-ing the affairs of the Town as may seem to him desirable. He shall keep the Town Council advised of the financial condition of the Town and of its future needs. He shall prepare and submit to the Town Council the annual budget estimate. In conjunction with the Mayor of The Town of Blades, the Town Clerk shall sign all checks pursuant to appropriations or resolutions made by the Town Council. In the absence of either the Mayor or the Town Clerk, the Vice-President of the Town Council shall sign checks. The Town Clerk shall prepare and submit to the Town Council such reports as may be required by that body and shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Town Council. Chapter 34 65 (o) In case of the absence or disability of the Town Clerk, the Town Council may designate some qualified person to perform the duties of such office during his absence or disability. ASSISTANT SECRETARY Section 17. 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 Town Council of The Town of Blades, and shall receive such compensa-tion as the Town Council by resolution shall determine. ALDERMAN AND ASSISTANT ALDERMAN Section 18. (a) The Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one (21) years of age, shall be of good character and reputation and shall be a resident of The Town of Blades and shall not be a member of the Town Council of The Town of Blades. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Town Council of The Town of Blades. Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of two-thirds of all the elected members of the Town Council of The Town of Blades. (b) Before entering upon the duties of his office, the persons appointed by the Mayor to serve as Alderman and Assistant Alderman shall be sworn or affirmed by the Mayor to perform the duties of his office honestly, faithfully and diligently and to uphold and enforce the Charter of The Town of Blades and ordinances duly enacted by the Town Council of The Town of Blades and to carry into effect all orders of the Town Council of The Town of Blades made pursuant to any law of this State. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods, the Assistant Alderman shall have all the powers and duties of the Alderman. 66 Chapter 34 The Town Council shall procure a suitable record for the use of the Alderman and the Assistant Alderman. Such record shall be known as the "Alderman's Docket". The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the "Alderman's Docket". The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of The Town of Blades so far as to arrest and hold for bail, or fine and imprison offenders for any offense, penalty or forfeiture prescribed by the Charter of The Town of Blades and any ordinance enacted thereunder; of all neglects, omissions or defaults of any City Officer, agent or employee; PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman shall impose any fine in excess of Five Hundred Dollars ($500.00) nor imprison any offender for more than sixty (60) days except as otherwise provided in the Charter of The Town of Blades. The Alderman and the Assistant Alderman may in addition to any fine or term of imprisonment permitted to be assessed or imposed, impose or collect such costs as set by ordinance by the Town Council of the Town of Blades; PROVIDED, HOWEVER, that no cost shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service. The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the Town Council reporting all fines and penalties imposed during the preceding calender month and shall pay to the Town Clerk of the Town of Blades all such fines and penalties. The Alderman and the Assistant Alderman shall receive such compensation as may be fixed from time to time by resolution of the Town Council. If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the Town Clerk, within two (2) days after his removal from office, all the books and papers belonging to his office, and shall pay over to the Town Clerk all monies in his hands within five (5) days after receiving the notice of his removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the Town Clerk Chapter 34 67 shall require the auditor of the Town, appointed as hereinafter provided, to make an audit of the books and papers of the official so removed from the office. Upon the neglect or failure to deliver all the books and papers to the Town Clerk, within the time specified by this Charter or to pay over all the monies to the Town Clerk within the time specified, the Alderman or Assistant Alderman, so removed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no less thanTwenty-five ($25.00) Dollars nor more than One Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the Town Clerk or to pay over all monies to the Town Clerk. POWER TO BORROW MONEY AND ISSUE BONDS Section 19. The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the payment thereof on the faith and credit of The Town of Blades, to provide funds for the erection, the extension, the enlargement, the purchase or the repair of any plant, machinery, appliance, 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 the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of The Town of the cost of any permanent municipal improvements; provided, however, that the borrowing of money therefor shall have been authorized by the Town Council and shall have been approved by the electors in the manner and at the time following: Council by resolution shall propose to the electors of the Town by resolution that a stated amount of the money shall be borrowed for any of the above purposes. The resolution shall state the amount of the money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and other pertinent facts relating to the loan which are deemed pertinent by the Town Council and in their possession, and shall fix a time and place for hearing on the said resolution. 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 68 Chapter 34 the Town Council, distributed in circular form at least one week before the time set for said hearing. A second resolution shall then be passed by Council ordering a special election to be held not less than thirty days and not more than sixty days after said hearing to borrow the 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. The notice of the time and place of holding the said special election shall be printed in two issues of a newspaper having a general circulation in The Town of Blades within thirty days prior to the election, and or distributed in circular form at least fifteen days prior to the election or both at the discretion of the Council. At the special election, every owner of property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In the case of property owned jointly by husband and wife, the vote shall be cast by either the husband or wife who first presents himself at the polls. In the case of all other property owned by more than one property owner either as tenants in common or as joint tenants with the right of survivorship, the vote shall be cast by either tenant in common or by either joint tenant who first presents himself at the polls. Property owners whose property is exempt from taxation or is not assessed shall not be entitled to vote. The Town Council shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election. The Mayor shall appoint three (3) persons to act as a Board of Special Election to conduct the Special Election. 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, which said certificates shall be entered on the Chapter 34 69 minutes of.the Council, and the original shall be filed with the papers of the Council. The form of bond or certificate of indebtedness, the interest rate, the time of payment of interest, the classes, the time of maturity, and provisions as to the registration shall be determined by the Council after said public hearing. The bonds may be sold at either public or private sale as determined by the Town Council. The Council may provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bonds at the maturity or maturities thereof, a sinking fund therefor. The faith and credit of The Town of Blades shall be deemed to be pledged for the due payment of the bonds and interest thereon issued under the provisions 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 whether incurred before or after the passage of this Act. 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 Town as shown by the last assessment preceding the creation of the said indebtedness. In the event The Town of Blades should construct or acquire any plant, machinery, appliance, or equipment for the supply of electricity or gas for light, heat or power purposes to the outlying communities provided that this authority shall not exceed a distance of One Mile beyond the limits of said Town 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 Town and to do all things necessary to carry out this authority. TOWN SOLICITOR Section 20. At the first regular meeting following the Annual Election, The Town Council of the Town of Blades shall re-elect and appoint a Town Solicitor. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware with offices in Sussex County. It shall be his duly to give legal 70 Chapter 34 advice to the Mayor and the Town Council and other officers of the Town and to perform such other legal services as may be required by the Town Council. BOARD OF HEALTH Section 21. (a) The Board of Health shall consist of four (4) members, one of whom shall be a practicing physician. The Board shall be appointed by The Town Council at the first regular meeting following the Annual Election hereinbefore provided and shall serve for one year or until their successors are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of the people of the Town. It shall report to the Town Council, in writing, whatever is deemed by the Board to be injurious to the health of the people of the Town, and shall make recommendations to the Town Council concerning whatever may contribute to the health and sanitation of the people. The Board shall organize by the election of a President and Secretary within ten (10) days after the notice of their appoint-ments, and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board. The Secretary of the Board may be allowed a reasonable annual compensation for his services which shall be determined by the Town Council, and no other compensation shall be paid to the Secretary for his services as such. The Secretary may or may not be a member of the Board of Health appointed by the Town Council, but he shall be a resident of the Town. The power to adopt ordinances relating to the health of the population of the Town, or to prevent the introduction or spread of infections or contagious diseases or nuisances affecting the same, shall extend to area outside of the Town within one mile from said limits. POLICE FORCE Section 22. (a) It shall be the duty of the Town Council to appoint a Police Force, consisting of a Chief of Police and such members or subordinates as the Town Council may deem wise. The Town Council shall, from time to time, make rules and regulations as may be necessary for the organization, government, and control of the Police Force. The Chief of Police and the Chapter 34 71 members of the Police Force shall be subject to the direction of The Town Council and may be removed by the Town Council at any time. They shall preserve peace and order, and shall compel obedience within the corporate limits and within One (1) mile outside the corporate limits to the ordinances of the Town and the laws of the State of Delaware. They shall have such other duties as the Town Council shall, from time to time, prescribe. Each member of the Police Force shall be vested, within One (1) mile of the corporate limits of The Town of Blades, with all the powers and authority of any Constable of Sussex County and in the case of a pursuit of an offender their power and authority shall be without territorial limitations. Every person sentenced to imprisonment shall be delivered by a member of the Police Force to the County Jail of Sussex County, or to the lockup of the Town, to be there imprisoned for the term of the sentence. It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblage of persons in the streets of the Town, or the noisy conduct of any person in the same, and upon view of the violation of any ordinance of the Town relating to the peace and good order thereof, the Police shall have the right and power to arrest without warrant and to take the offender before the Alderman or Assistant Alderman or before any Justice of the Peace in Sussex County for hearing thereon. ASSESSOR Section 23. (a) At the first regular meeting following the annual election, it shall be the duty of the Town Council to appoint an Assessor. The Assessor shall be over the age of Twenty-Five (25) years, a bona fide resident of The Town of Blades and a freeholder of the Town. On good behavior, the term of office of the Assessor shall be one year and shall expire on the date of the first regular meeting of the year succeeding his appointment. He shall be sworn or affirmed by the Mayor of The Town of Blades to perform his duties with fidelity and without favor. It shall be his duty to make a fair and impartial assessment 72 Chapter 34 of property and persons subject to taxation situated within the Town and to perform such other duties in reference thereto as shall be prescribed, from time to time, by the Town Council. The compensation to be by him received for the performance of his duties and the hiring of employees to assist him in the performance of his duties shall be fixed by and subject to the approval of the Town Council. ASSESSMENT OF TAXES Section 24. (a) The Assessor shall, prior to the first day of September, make a just, true and impartial annual valuation or assessment of all real estate within the Town of Blades. In making such assessment, the rules and exemptions now applicable by law to the making of the County Assessment of persons and properties shall be applicable insofar as consistent with the provisions of this Charter. All real estate shall be described with sufficient particu-larity to be identified. Real estate and improvements located thereon shall be assessed to the owner or owners if he or they be known. If the owners or owner cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners, or a wrong name, or an assessment to "Owner Unknown", shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds of Sussex County at Georgetown, Delaware. The Assessor shall also make a personal assessment of all the male and female citizens of the Town above the age of twenty-one years. He shall also make a personal assessment against all person or persons residing within the limits of the Town whether he be an owner of said real estate or not; said personal assessment shall be determined by the Town Council and certified to the Assessor. Said personal assessment or per capita tax, in the case of both resident and non-resident real estate owner, shall be in addition to the assessment levied on the real estate so owned by and assessed against him. The Assessor, after making such annual assessment, shall at the first regular meeting in September, aforesaid, deliver to the Town Council, a list containing the names of all persons assessed Chapter 34 73 and the amount of the assessment against each. He shall also deliver at such time as many copies of said list as the Town Council shall direct. The annual assessment list shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate column of spaces. In making its assessment, the Assessor shall make his valuation accordingly. The real property of the Assessor shall be assessed by the Town Council. Immediately upon receiving the annual assessment list from the Assessor, the Town Council shall cause a full and complete copy of the same containing the amount assessed to each taxable to be hung up in a public place in The Town of Blades, and there it shall remain for a period of at least ten (10) days for the information of and examination by all concerned. Appended thereto and also in five or more public places in said Town shall be posted notices advising all concerned that, upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the annual assessment list and notice, between the hours of one o'clock p.m. and five o'clock p.m., the Town Council will hold a Board of Appeals, at which time and place they shall hear appeals from the said annual assessment. The decision of the Town Council, sitting as a Board of Appeals, shall be final and conclusive and the said Town Council shall revise and complete said assessment at this sitting. No councilman shall sit upon his own appeal but the same shall be heard and determined by the other members of the Town Council. The Assessor shall be present on the day fixed for hearing appeals and shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect to any assessment from which an appeal has been taken. The Town Council shall have authority to enforce his attendance by appropriate process. LEVY OF ANNUAL TAXES Section 25. (a) At the first regular meeting in November, after having revised and completed the assessment, the Town Council shall determine to their best judgment and knowledge the total amount necessary to be raised by the Town to meet all fixed and anticipated expenses and obligations of the Town, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergen-cies; PROVIDED, HOWEVER, that for the period from the end of the present fiscal year until December 31, 1970, the Town Council shall use the same assessment and tax rate and shall prorate the amount of taxes due for the period from the end of the present fiscal year until December 31, 1971; AND PROVIDED, FUR-THER, that the Town Council of the Town of Blades shall employ the procedures of this Section in levying taxes to be paid for the period beginning January 1, 1971, and ending December 31, 1971, and for each fiscal year thereafter. (b) It shall then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. The Town Council shall then proceed to determine, assess, fix and/or levy the following: The rate of tax on real estate and on improvements located thereon per $100 of assessed value; and/or The amount of personal or per capita tax upon each qualified voter; and/or The rate of tax upon all poles, constructions, erection, wires, and appliances more particularly mentioned or intended so to be, in Section 27 (32) of this Charter, as amended; and/or The rates to be charged for the supplying of water, sewer service, and other utility services and the several amounts thereof; The several license fees to be charged for carrying on or conducting of the several businesses, professions, or occupations more particularly mentioned, or intended so to be in Section 27 (33) of this Charter, as amended; and/or 74 Chapter 34 Chapter 34 75 f. The fees or rates to be charged in respect of any other authorized source of revenue sufficient in their best judgment and estimation to realize the amount to be raised from each such source determined by them to be used, as aforesaid; provided, however, that sources "d", "e" and "1" aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Council as it, in its own proper discretion, shall determine. Immediately after the first regular meeting in November of each and every year, the Town Council shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources a, b, and c, above mentioned. This list shall be known as the annual tax list of The Town of Blades. In addition to the information contained in the assessment list, it shall likewise contain informa-tion as to the rate of tax upon real estate and upon improvement located thereon per $100 of assessed value thereof. The Town Council shall cause to be delivered to the Town Clerk a duplicate of said annual tax list, and the Town Clerk shall immediately proceed to collect the same as hereinafter provided. Nothing contained in this Charter shall be construed to effect or impair in any way the validity of any tax, fee, assessment, or other charge lawfully levied, assessed, or due the Town of Blades under existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in The Town of Blades created hereby. COLLECTION OF ANNUAL TAXES Section 26. (a) The Town Clerk, as soon as the Town Council shall have placed in his hands the duplicate annual tax list, shall proceed at once to collect the taxes on said duplicate list. (b) All taxes so levied or imposed by the Town of Blades in such annual tax list, shall be and constitute a lien upon all the real estate of the taxable against or upon whom such taxes are laid or imposed, of which such taxable was seized, at any time after such taxes have been levied and imposed, that is situated in The Town 76 Chapter 34 of Blades. Such lien shall have preference and priority to all other such liens on real estate or upon improvements located thereon created or suffered by said taxable although such other lien or liens be of a date prior to the time of the attaching of such lien for taxes; provided, that the lien for such Town taxes shall remain a lien for a period of ten (10) years from the date upon which the Town Council shall deliver unto the Town Clerk the tax list therefor. If such real estate remains the property of such person or persons who owned it at the time the tax was laid, then the lien shall not be extinguished until the tax is collected. All taxes shall be paid to the Town Clerk of The Town of Blades, and all taxes shall be due and payable at and from the time of delivery of the tax list to the Town Clerk. All taxes shall be paid at the Town Office and payable to the Town of Blades. In the collection of said taxes, the said Town Clerk shall, on all taxes paid on or after the first day of January and on or before the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Clerk, there shall be no deduction or abatement. On all taxes paid after the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Clerk, there shall be added an amount equal to one per centum (1%) per month for each and every month such taxes shall remain unpaid and shall be collected in the same manner as the original amount of the tax. On the same day of the month of the second year following the delivery of the duplicate annual tax list to the Town Clerk, the Town Clerk shall make full, final and complete settlement with the Town Council. The settlement shall take place on that day in the room in which the Town Council holds their meetings. At such settlement, the Town Council shall allow to the Town Clerk all taxes which shall have been impossible to collect by reason of errors in the assessment list, delinquencies or otherwise. No allowance shall be made for the default of neglect or delay of the Town Clerk. The settlement shall be final and conclusive and no other allowance, in any form, shall be made to the Town Clerk by the Town Council. Upon the conclusion of the settlement, the Town Clerk shall pay over to The Town of Blades the aggregate amount of the taxes found to be due the Town. Chapter 34 77 Upon his failure or neglect to do so, it shall be the duty of the Town Council to proceed to collect the same from the Town Clerk and/or his surety. Default by the Town Clerk to the Town in any sum, shall, ipso facto, vacate his office; provided, however, that the Town Council, for good cause shown shall have the power to extend the time for settlement by the Town Clerk for a period not exceeding six months. ENUMERATION OF POWERS Section 27. Not by way of limitation upon the power vested in the Town 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 Town Council is vested by this Charter with the following powers, to be exercised by said Town Council in the interest of good government and the safety, health and welfare of the Town, its inhabitants and affairs that is to say: I. To prevent vice, drunkenness and immorality. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the Town and its inhabitants. To prohibit all gaming and fraudulent devices. To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games. 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, macada-mize, pave, gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, water-course, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aquaduct, or pipe line, or portion thereof, in the Town; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway, or other highway within the Town. 78 Chapter 34 To establish and regulate pounds and to restrain, prohibit and empound any domestic or wild animal, beast, bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs and to regulate the keeping of livestock, poultry and dogs. To locate, regulate, license, restrain or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water closets and any business-es or buildings or conditions detrimental to the public health or constituting a public nuisance or of an offensive or noxious nature. To purchase or otherwise acquire, or to construct, lay out, fence and maintain one or more cemeteries within the corporate limits of The Town of Blades and to use or permit the use thereof for the burial of human beings and to assess the owners of the various lots thereof annually for the care of said cemetery. To enforce the removal of snow, ice, dirt or other foreign substance from sidewalks and gutters by owners or abuting owners. 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 of 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 Town. To define, prevent, abate or remove nuisances, obstruc-tions or any condition detrimental to the public safety, health or welfare. To provide an ample supply of pure water for The Town and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control, and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to Chapter 34 79 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 wilful or negligent injury or damage to or interference with the water system or equipment of the Town; to furnish, or refuse to furnish, water from the Town system to places and properties outside the Town limits; and to contract for and purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the municipal corporation itself. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any wilful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the Town system to places and properties outside the Town limits; in the interest of the public's health, to compel any and all properties in the Town to be connected to the sewer system of the Town; and to contract for and purchase sewer disposal service and to resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefor of the municipal corporation itself. 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 Town and for lighting the streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the Town, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessary properly to light the Town, and to furnish proper connections for electric current and gas to the properties of the 80 Chapter 34 inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the 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 wilful or negligent injury or damage to or interference with the electric or gas system or systems to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to user within or without the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the municipal corporation itself. To fully control within the Town the drainage of all water and, to that end, to alter or change the course and direction of any natural water course, runs or rivulet within the Town, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct1 extend, maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhatitants of the Town. To provide, construct, extend, maintain, manage, and control jetties, bulkheads, embankments, flood gates, piers, boardwalks, or fills for the preservation of any strand or highland within the limits of the Town or contiguous thereto, to the end that the same may be preserved, property protected and the general public might enjoy the use thereof. 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 Town 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 Town 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 Town and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof, and for the purpose of erecting wharves and piers, and for the purposes of vending any article of merchandise Chapter 34 81 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. To regulate and control the exercise of any license or franchise mentioned in Section 29 (17) of this Charter or intended so to be. 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 Town and to authorize or prohibit the removal or destriction of said trees. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues. To regulate, control or prevent the use of 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. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the Town; 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. 82 Chapter 34 To acquire, build, erect and maintain a suitable place as a lock-up or jail for the Town which shall be used as a place of detention for persons convicted of violation of law or ordinance, or for 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 purp |
| Date Digital | 2010 |
| CONTENTdm file name | 3085.cpd |
Description
| Title | Laws of the State of Delaware - Volume 58 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- SIXTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 5, A. D. 1971 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January II, A. D. 1972 PART I VOLUME LVIII |
| CONTENTdm file name | 63901.pdfpage |
Tags
Add tags for Laws of the State of Delaware - Volume 58 - Part 1 - Page 1
Comments
Post a Comment for Laws of the State of Delaware - Volume 58 - Part 1 - Page 1
