Bethany Beach
Section 1. Incorporation
The inhabitants of the Town of Bethany Beach within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided, are hereby constituted and declared to be a body politic incorporated in law and equity, by the corporate name of the "Town of Bethany Beach”, (hereinafter "Town") with power to govern themselves by such ordinances, rules, resolutions, and regulations for municipal purposes as they, through their duly-elected officers and agents may deem proper not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States; and as such shall be able and capable to sue and be sued, plead and be imploded, answer and be answered, defend and be defended, in all courts.
The Town shall have perpetual succession and shall succeed to own or possess all property, whether real, personal, or mixed, tangible or intangible, of whatever kind and nature, and all the powers, rights, privileges or immunities now or heretofore belonging to, possess, or enjoyed by the Town of Bethany Beach previously incorporated at Chapter 212, Volume 25, Laws of Delaware, as amended.
Section 2. Territorial Limits
The present territorial limits of the Town are hereby established and declared to be as follows:
Beginning at a point situate on the low water line of the Atlantic Ocean and being on the north side of Fifth Street Extended, thence, by and with the north side of Fifth Street Extended South 80 degrees, 06 minutes, 25 seconds West 417.79 feet more or less to a concrete marker being situate on the west side of Surf Road and being a corner of Lot 12 in a Subdivision known as "Sussex Shores, Section One", thence continuing on the same bearing with the north side of Fifth Street a distance 1,017.60 feet to a concrete marker situate on the north side of Fifth Street on the west side of Delaware Route #1, in line of lands on the Delaware Army National Guard Camp;
Thence, with the westerly right of-way line of Route 1 and lands of the Delaware Army National Guard Camp and lands of William P. Short in a southwesterly direction, curving to the right, approximately 72 feet to lands now or formerly of John E. Gibson/Victor G. Trapasso Limited Partnership;
Thence, leaving said westerly right of way of Delaware Route #1, North 02 degrees, 49 minutes, 23 seconds West 81.3 feet to a point in line of lands of the Delaware Army National Guard Camp;
Thence, by and with the line of lands of said Delaware Army National Guard Camp: (1) South 87 degrees, 20 minutes, 10 seconds West 597.18 feet to a concrete marker being a point on said line; thence continuing with the same bearing, a distance of 776.21 feet (in all making a total of 1,373.39 feet) to a concrete marker, said concrete marker being situate on the north bank of the Bethany Beach Canal and being a corner of lands of the Delaware National Guard Camp;
Thence, with the northerly line of the canal right-of-way owned by the Bethany Beach Improvement Company (a now-dissolved corporation of the State of Delaware) to the westerly right-of- way line of the Assawoman Canal (sometimes known as the "Free Inland Waterway") connecting Assawoman Bay with the Delaware Bay;
Thence, with the westerly right-of-way line of said Assawoman Canal to the northerly line of lands formerly of Hiram James and being also the southwesterly corner of the Bethany West Subdivision (see Plot Book 8, page 99 in the Sussex County, Delaware Recorder of Deeds Office);
Thence with the southerly line of the Bethany West Subdivision in a generally easterly direction to a point being the southwest corner of the Beach Wood Subdivision a point being the southwest corner of the Beach Wood Subdivision (see Plot Book 26, page 26 in the Sussex County, Delaware Recorder of Deeds office);
Thence, with the southerly boundary line of the Beach Wood Subdivision in a generally easterly direction and crossing over County Route 361 (also known a, "Kent Avenue") to the easterly side of County Rt. 361;
Thence, with the east side of County Rt. 361 in a northerly direction to a point being the southwesterly corner of the Bethany Proper Limited Partnership Subdivision Phase III. (see Plot Book 26, page 251 in the Sussex County, Delaware Recorder of Deeds Office);
Thence, in a generally easterly, southerly, and then easterly direction with the southern boundary of the Bethany Proper Limited Partnership Subdivision Phase III to the west side of Delaware Route #1; (also known as "Delaware Avenue");
Thence, crossing over said Delaware Route #1 in an easterly direction to a point in the eastern right-of-way of Delaware Route #1 being also the southwestern corner of the Bethany Proper Limited Partnership Subdivision, Phase I (see Plot Book 17, page 110 in the Sussex County, Delaware Recorder of Deeds Office);
Thence, continuing in a generally easterly direction with the southern boundary of said Bethany Proper Limited Subdivision Phase I to a point on the west side of Pennsylvania Avenue;
Thence, crossing over Pennsylvania Avenue in an easterly direction to a point on the east side of Pennsylvania Avenue being the southwestern corner of Sea Villa Subdivision (see Plot Book 8, page 434 in the Sussex County, Delaware Recorder of Deeds Office);
Thence. with the southern boundary of said Sea Villa Subdivision North 88 degrees, 37 minutes, 50 seconds East to the law water mark of the Atlantic Ocean;
Thence, with the low water mark of the Atlantic Ocean, in a northerly direction to the point and place of beginning.
The above boundaries having previously been established as follows: (1) By an Act to Incorporate the Town of Bethany Beach, 25 Del. Laws Chapter 212 dated March 26, 1909; by Ordinance 93 of the Town Commissioners of Bethany Beach, annexing 36,001 square feet, dated 18 April, 1980; by Ordinance 103 of the Commissioners of Bethany Beach annexing 14.927 acres, dated 16 October 1981; and by Resolution of the Town Commissioners of Bethany Beach annexing .52 acres, dated August 12, 1971.
The Council may, at any time hereafter, cause a survey and plot to be made of said Town, and the said plot, or any supplement thereto, when made and approved by said council, signed by the Mayor, and attested to by the Secretary, with the municipal seal affixed, upon being recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.
Section 3. Annexation of Territory
The Town shall have power to annex any additional contiguous territory adjoining the corporate limits of the Town as hereinbefore set forth or as hereafter extended pursuant to the procedure set forth in this section, and to apply to all such additional territory all laws, ordinances, resolution and policies in force in the Town so far as they may be locally applicable.
3.1 Initiation of Annexation Proceedings.
3.1.1 By petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous to the then existing corporate limits of the Town may petition the Town Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe with reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein, and state the reasons for the requested annexation. The Town Council may, within 90 days following the filing of such petition in the Town Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. A petition not so accepted within said 90 days shall be null and void. For purposes of this §3.1.1 and 3.1.2, "territory contiguous to the then existing corporate limits of the Town" shall include both real property which, through itself not contiguous to the Town's then existing corporate limits, is contiguous to other real property which is proposed to be included in the annexation and real property which would be contiguous under §3.2.9(b).
3.1.2 By Resolution of the Town Council. The Town Council may, at any time, adopt a resolution proposing the annexation of any territory contiguous to the Town. Such resolution shall describe, with reasonable certainty, the territory proposed to be annexed and state the reasons for the proposed annexation. Upon adoption of such resolution, the Town Council shall proceed as hereafter provided.
3.2 Annexation Procedure. Whether annexation is proposed by petition of the property owners or by resolution of the Town Council, the following procedure shall be complied with:
3.2.1 Resolution and Notice. The Town Council shall adopt a resolution notifying the property owners and the residents of both the Town and the territory proposed to be annexed, that the Town proposes to annex certain territory which adjoins its then corporate limits. The 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 setting forth the information shall be published at least once in at least two newspapers both of which shall be of general circulation in the Town and in the territory proposed to be annexed. Such publication shall appear not less than 21 days nor more than 60 days before the date set for the hearing. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.
In addition to publication as herein provided, the Town Council shall. not less than 21 days nor more than 60 days before the date of such hearing: (1) cause a public notice, containing the full text of the Resolution, to be posted in at least 5 public places in the Town and in at least one place, viewable to the public, in the territory proposed to be annexed; and (2) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their address as shown on the public tax records. Written notice to one co-owner shall be notice to all. (67 Del. Laws, c. 38, 6/21/89)
3.2.2 Public Hearing. At the time, date, and place specified in the Resolution proposing annexation (or at any revised date, time, or place if duly noticed as provided in 3.2.1) the Town Council shall sit to hear comments and opinion from any concerned party regarding the proposed annexation. Such public hearing shall be for the purpose of obtaining public opinion and legislative fact finding and the Town Council shall not be bound, in any way, to act in response to any information or comments offered at such hearing.
3.2.3 Resolution Ordering Special Election. At any time following the public hearing, the Town Council may pass a resolution ordering a special election to be held not less than 21 days, nor more than 60 days after the date of such resolution proposing the special election. The passage of this Resolution shall ipso facto be considered the determination of the Town Council to proceed with the matter of the proposed annexation. provided, however, that if the annual municipal election is to be held within 120 days of the date of the resolution adopted by Council pursuant to this section, the election on the proposed annexation may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly. (67 Del. Laws, c. 38, 6/21/89)
3.2.4 Notice of Special Election. Notice of the time and place of said special election shall be published not less than 21 days nor more than 60 days before the date set for said Special Election. Notice shall be published at least once in two newspapers, both of which shall be of general circulation in the Town and in the territory proposed to be annexed. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.
In addition to such publication as herein provided, the Town Council shall. not less than 21 days nor more than 60 days before the date of such special election cause, a public notice, containing the full text of the Resolution proposing such Special Election, to be posted in at least 5 public places in the Town and in at least I place, viewable to the public, in the territory proposed to be annexed. (67 Del. Laws, c. 38, 6/21/89)
3.2.5 Those Entitled to Vote.
(a) At such special election, any person who is lawfully entitled to vote at the annual town election, if it were being held on that day, and any person who would be so entitled if the area proposed to be annexed was already included in the Town, shall be entitled to one vote. (For purposes of this section “lawfully entitled to vote” shall include “registered to vote” if registration is required; but all persons in the area to be annexed shall be deemed to be registered if they would otherwise be entitled to vote.) In addition, each legal entity, other than a natural person, owning property in its own name, either in the Town or in the territory proposed to be annexed, shall be entitled to one vote.
(b) These provisions shall be construed so as to permit only "one man, one vote". Where a voter is entitled to vote by virtue of both residence and ownership of property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more properties, that voter shall be entitled to only one vote.
(c) Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and acknowledged power of attorney. Such Power of Attorney shall be surrendered to the Board of Special Election which shall file same in the Office of the Town Manager. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election on behalf of the legal entity granting the power.
3.2.6 Conduct of the Special Election. The Town Council may cause voting machines, electronic voting system, or paper ballots to be used in the Special Election, as required by law, the form of ballot to be printed as follows:
For the proposed annexation. _____
Against the proposed annexation. _____
The Mayor shall appoint three (3) persons to act as a Board of Special Election. One (1) of the said persons so appointed shall be designated the Presiding Officer. The Board of Special Elections shall be the sole and final judges of the legality of the votes offered at such Special Election. It shall keep a true and accurate list of all natural persons and other legal entities voting. Voting shall be conducted in a public place as designated by the Resolution calling the Special election. The polling place shall be open for six consecutive hours as set by the Town Council, on the date set for the special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls.
All ballots cast by those persons or other legal entities authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited in designated ballot box(es) or cast in designated voting machine (s), and all ballots cast by those persons or other legal entities who are authorized to vote as residents or property owners of the Town shall be deposited in other designated ballot box (es) or cast in other designated voting machine (s). (67 Del. Laws, c. 38, 6/21/89)
3.2.7 Results of Special Election.
(a) 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.
(b) In the event that the Special Election results in an unfavorable vote for annexation in either or both the Town and the territory proposed to be annexed, no part of the territory proposed to be annexed shall again be considered for annexation for a period of at least one year from the date of the Special Election.
(c) If the vote in both the Town and in the territory proposed to be annexed is favorable to the proposed annexation, the Town Council shall at its first meeting following the Special Election adopt a resolution annexing the said territory and including it within the limits of the Town. Upon the adoption of said resolution of annexation, a copy thereof, signed by the Mayor, and certified by the Secretary, with municipal seal affixed, together with a plot of the area annexed, shall forthwith be filed for record in the Office of the Recorder of Deeds in and for Sussex County, Delaware. The territory so annexed shall be considered to be a part of the Town from the moment the last mentioned resolution is adopted by the Town Council. Failure to record said resolution, or the plot accompanying same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus or mandatory injunction.
3.2.8 Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to §3.1.1 of this Charter, annexation proceedings are initiated by a property owner (s) holding record title to real property in territory contiguous to the then existing corporate limits of the Town, such petition may be made contingent upon an annexation agreement with the Town which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the Town Council approves such an agreement and votes to accept a petition under §3.1.1 of this Charter, such Annexation Agreement shall be deemed a material part of the annexation and shall be included in all subsequent steps of the annexation procedure; that is: (1) the resolutions and notices adopted by the Town Council pursuant to §3.2. I. §3.2.3, §3.2.4, and §3.2.10 shall recite that the proposed annexation includes and is subject to an annexation agreement, shall briefly summarize its terms. and shall state that copies of the Agreement are available upon request at the Town Hall; (2) if the results of the election are favorable to the proposed annexation as provided by §3.2.7(a) of this Charter, the resolution annexing the territory (as provided by §3.2.7(c) shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and the Town shall be bound to honor the provisions of such agreement unless released therefrom by the petitioner(s).
Provided Further, that no agreement made at the time of annexation under this §3.2.8 shall extend beyond seven years from the date the property is annexed into the Town; and such agreements shall be null, void, and unenforceable after the expiration of said seven years.
An annexation agreement may be modified or amended by mutual agreement of the petitioner and the Town Council at any time prior to the resolution ordering the special election pursuant to §3.2.3 of this Charter, but any material modification or amendment shall be deemed to be the withdrawal of the original petition and the filing of a new petition under §3.1.1.
3.2.9 Property Owned by the State of Delaware Highways, Streets, Roads and Alleys; Ponds, Canals, Streams and Other Waters
(a) Real property owned by the State of Delaware may be annexed into the Town without the State's casting a vote in the Special Election, provided the state agency having control and supervision thereof does not notify the Town, in writing, of its objection to such annexation within 30 days after receiving written notice of the resolution proposing the annexation as provided in §3.2.1.
(b) Highways, Streets, Roads, and Alleys & Ponds, Canals, Streams, and Other Waters. Contiguity with the Town's existing corporate limits, or with other territory which is itself contiguous within the Town's existing corporate limits, shall not be deemed interrupted by the existence of any highway, street, road, alley, pond, canal, stream, or other body of water which passes through, or lies within the territory to be annexed.
3.2.10 Limitations. No action contesting the annexation of any territory under this Section shall be brought after the expiration of 60 days from the publication of a notice in at least two newspapers, both of general circulation in the Town and in the territory annexed, which notice shall contain the following information
(a) Notice that the Town has annexed such territory and a description thereof.
(b) Notice that any person or other legal entity desiring to challenge such annexation must bring his/her/its action with 60 days from the date of publication of such notice or forever be barred from doing so.
(c) Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.
(d) In addition to publication as herein provided, the Town Council shall cause a public notice, containing the information set out in subsections (a) and (b) above (using date of “posting” for date of “publication”), to be posted in at least five public places in the Town and in at least one place, viewable to the public, in the territory proposed to be annexed.
(e) In the event the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control. (67 Del. Laws, c. 38, 6/21/89)
Section 4. Powers of the Town.
4.1 General. The Town shall have and enjoy all the powers possible for a municipal corporation to have under the Constitution and laws of the State of Delaware, as fully and completely as though they were specifically enumerated in this Charter.
4.2 Enumeration of Powers. Not by way of limitation upon the scope of the powers vested in the Town Council to exercise all powers delegated by this Charter to the Town (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, that is to say, the Town Council:
4.2.1 May have and use a corporate seal which may be altered, changed, or renewed at pleasure.
4.2.2 May hold and acquire by gift, negotiation and purchase, devise, lease, or condemnation, property both real (improved or unimproved) and personal, or mixed, within or without the boundaries of the Town, in fee or lesser estate or interest, necessary or desirable for any municipal or public purpose, including but not limited to, providing site for constructing, improving, extending, altering, or demolishing:
(a) public buildings;
(b) parks;
(c) streets, squares, lanes, alleys, and
(d) sewer systems, including but not limited to sewage lines, conduits, sewage disposal or treatment plants, and all appurtenances thereto;
(e) water systems, including but not limited to, water plants, wells, lines, conduits and all appurtenances thereto;
(f) electric systems, including but not limited to, electric plants, substations, distribution systems, lines, conduits and all appurtenances thereto;
(g) gas system, including but not limited to, storage tanks, distribution system conduits and all appurtenances thereto;
(h) recreational facilities, including but not limited to, public bathing beaches, gymnasiums, athletic fields, bicycle paths, tennis, basketball, or paddleball courts and all appurtenances thereto;
(i) for slum clearance and redevelopment, urban renewal. revitalization, or rehabilitation of blighted areas, or removal of dangerous buildings;
(j) for the protection of the health of the citizens of the town;
(k) for the proper furnishing of adequate municipal services to the citizens of the Town and those persons residing in such proximity to, but beyond, the corporate limits of the Town who can be furnished with such municipal services, in the discretion of the Town Council to the mutual benefit and advantage of the Town and such non-residents thereto, upon such terms, charges, and conditions as the Town Council may determine and approve.
4.2.3 May sell, grant, alienate, lease, mortgage, manage, hold and control such property as the interests of the Town may require except as prohibited by the Constitution of the State of Delaware or as restricted by this Charter.
4.2.4 May pay for the acquisition, construction, improvement, repair, extension. alteration, or demolition of any municipal or public property, real, personal, or mixed, from the general fund of the Town, from the proceeds of any bond issue which may be authorized and sold for any of the purposes for which lands and premises are authorized by this Charter to be acquired, and/or from the proceeds of any grant or loan made to the Town by any governmental entity of the United States or the State of Delaware where the proceeds of the grant or loan are for the purposes for which lands and premises are authorized by this Charter to be acquired.
4.2.5 May acquire, build, erect, and maintain buildings and facilities necessary or required for housing and equipping the offices of the Town.
4.2.6 May purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the Town and to sell the same.
4.2.7 May ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair and replace any new or present street, highway, lane, alley water course, park, lake, crosswalk, wharf, dock, sewer, drain, gutter, aqueduct, or pipeline or portion thereof, or any new or present sidewalk. curb, or gutter or portion thereof in the Town and the beach or beach strand in or contiguous to 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; to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other public thoroughfare within the Town.
4.2.8 May enforce the removal of ice, snow or dirt or other foreign substance from sidewalks and gutters by owners or abutting owners;
4.2.9 May prohibit, remove or regulate the erection of any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post or any other erection or projections in, over, upon or under any street, highway, alley, lane, water course, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the Town;
4.2.10 May provide, construct, extend, maintain, manage and control jetties, bulkheads, embankments, flood gates, piers, or fills for the presentation of any strand or high land within the limits of the Town and contiguous thereto to the end that the same may be preserved and properly protected that the general public might enjoy the use thereof.
4.2.11 May direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets. avenues, highways, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees.
4.2.12 May fully control within the Town the drainage of all water and to that end to alter or change the course and direction of any natural water course runs or rivulet within the Town, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct, extend and maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the Town.
4.2.13 May provide an ample supply of potable 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, water treatment facilities, stations, tanks, standpipes, water mains, fire hydrants, and all other equipment, property, or rights used in or about the collection, storage, purification, conveyance, or distribution or sale of water; to regulate and prescribe for what public or private purposes the water furnished by the Town may be used, the manner of its use, the amounts to be paid by the men thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or the 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 municipality itself.
4.2.14 May provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any wilfull 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 Town itself.
4.2.15 May provide, construct, extend, maintain, manage and control the plant and system, or plants and systems for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the Town and for lighting the streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs, docks, public buildings or other public places in the Town, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessarily proper to light the Town, and to furnish proper connections for electric current and gas to the properties of the inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the Town may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the electric or gas system or systems of the Town; to furnish or refuse to furnish electric current or gas from the Town's system or systems, to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to users within or without the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the Town itself.
4.2.16 May regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin, and all other combustible or dangerous materials and the use of candles, lamps, and other lights in stores. shops, and other places; to regulate, suppress, remove or secure any fireplace, stove chimney, oven broiler, or other apparatus which may pose a danger of causing fires.
4.2.17 May provide for the organization of a fire department and the control and government thereof; to establish fire limits and to do all things necessary for the prevention or extinguishment of fires; and at the discretion of the Town Council, to contribute, donate or give an amount or amounts to any volunteer fire company or companies incorporated under the laws of the State of Delaware, or any volunteer fire association or associations maintaining and operating fire fighting equipment and service to the Town, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as the Town Council shall deem advisable;
4.2.18 May provide for the organization of ambulance, rescue or paramedic services (s) and the control and government thereof, may establish territories within the Town for such services; may, at the discretion of the Town Council, contribute, donate or give an amount or amounts to any such service formed or incorporated under the laws of the State of Delaware, or to any volunteer service maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the Town, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations to the use thereof as the Town Council may deem advisable.
4.2.19 May prevent vice, drunkenness and immorality;
4.2.20 May prohibit gaining and fraudulent devices;
4.2.21 May prevent and quell riots, disturbances, and disorderly assemblages;
4.2.22 May adopt and enforce such ordinances regulating traffic, on all streets, alleys, avenues, and public ways within the Town as are not inconsistent with the motor vehicle laws of the State of Delaware.
4.2.23 May regulate or prohibit the use of public streets, alleys, sidewalks, boardwalks, beaches, parks, right-of-ways, public places and Town-owned lands for commercial uses or activities not otherwise protected from such regulation or prohibition by the Constitutions of either the United States and the State of Delaware, or by any controlling federal statute.
4.2.24 May regulate or prevent the use of guns, air guns, spring guns, pistols, sting shots, bean shooters, and any other device for discharging missiles which may cause bodily injury or injuries or harm to persons or property; and to regulate or prevent the use of bonfires, fireworks. bombs and detonating works of all kinds;
4.2.25 May provide for and preserve the health. peace, safety, cleanliness, ornament, good order and public welfare of the Town and its inhabitants;
4.2.26 May prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games;
4.2.27 May direct the digging down. draining, filling up, cleaning, cutting or facing 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 and to assess the cost thereof against the owner thereof.
4.2.28 May define, prevent, abate or remove nuisances, obstructions or any other condition detrimental to the public safety. health or welfare; and to cause the cost of such abatement or removal to be paid by the legal entity causing or permitting same to exist.
4.2.29 May adopt ordinances providing for the condemnation, upon inspection, of any building or structure in the Town which is determined, on the basis of standards set forth in such ordinance(s) to be a fire hazard or otherwise unsafe, and cause the same to be torn down or removed.
4.2.30 May establish and regulate pounds and to restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large and to authorize the destruction of the same; and to regulate the keeping of dogs within the Town, and to provide for registration and fees thereof.
4.2.31 May provide for the punishment of a violation of any ordinance of the Town by fine or imprisonment or both, not exceeding $500.00 or thirty days imprisonment.
4.2.32 May 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 of persons convicted of violations of law or ordinance, or for detention of persons accused of violations of law or ordinances, for a reasonable time in cases of necessity prior to hearing and trial; provided that any correctional institution located in Sussex County may be used for any such purpose, in which event the Town shall pay for the board of persons committed thereto for violations of ordinances which are not violations of any general law of the State.
4.2.33 May provide for payment of any tax, fine, penalty, license, forfeiture, assessment, fee. charge, or other amount due the Town by the performance of labor or service for the Town by any person owing the same.
4.2.34 May regulate and control the manner of building or removal of dwellings or other structures and to provide for granting permits for same.
4.2.35 May prohibit and prevent the carrying on of construction by private persons or companies at such times and seasons of the year and at such hours of the day as the Town Council may determine necessary and appropriate for the public health and welfare.
4.2.36 May provide for or regulate the numbering of houses and lots an the streets and the naming of the streets and avenues.
4.2.37 May, for the prevention of fire and the preservation of the beauty of the Town, establish a building line for buildings to be erected; to zone or district the town arid make particular provision for particular zones or districts with regard to building or building materials; and may prohibit any building or construction except those for which a building permit has been issued as prescribed by the Town Council; and generally to exercise all powers and authorities vested by virtue of 22 Del. C., Chapter 3. as it may hereafter from time to time be amended, or any future corresponding provision of law.
4.2.38 May license, tax and collect fees annually for any and all municipal purposes of such various amounts as the Town Council from time to time shall fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the Town;
4.2.39 May impose, upon new development or construction or upon first-time occupancy of new construction, such “impact fees” as are reasonably calculated to recover the cost of installing, enlarging, improving, or expanding public or municipal improvements which have a rational nexus to such new construction.
4.2.40 May grant licenses and impose fees for licenses, issue permits, and regulate any activity within the corporate limits of the town, specifically including any beach property, whether previously dedicated to or owned by the State of Delaware or the Town;
4.2.41 May grant franchises or licenses to any responsible person, firm, association or corporation for such period of time, upon such terms, restriction, stipulation and conditions and for such consideration as the Town Council shall deem in the best interest of the municipality, to use the present and future streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, boardwalks, crosswalks, wharfs, docks, beaches and other public places of the Town for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, television, railroad (excepting railroads or railways engaged in Interstate Commerce), bus, taxi or other transportation, carrier or public service to the Town, unto the persons, firms or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof, and for the purpose of erecting wharfs and piers; provided, however, that whenever any state or federal law grants exclusive jurisdiction over any such activity to a state or federal agency, the Town shall have no authority inconsistent therewith.
4.2.42 May regulate and control the exercise of any license or franchise mentioned in Section 4.2.40 of this Charter, or intended so to be.
4.2.43 May appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any fund applicable thereto , and to transfer temporarily money from one fund to another fund of the Town in case of emergency.
4.2.44 May inquire into and investigate the conduct of any officer. agent or employee of the Town or any municipal affair and for such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena.
4.2.45 May establish a Pension Plan or a Health and Welfare Plan, or both. for the employees of the Town under such terms and conditions as the Town Council, in its discretion, may deem most appropriate. The method of funding may, if deemed desirable by the Town Council be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in the State and approved by a majority of the elected members of the Town Council.
4.2.46 May determine what purposes are deemed to be public purposes or municipal purposes.
4.2.47 May make, adopt, and establish, alter and amend all such Ordinances, Regulations, Rules, and By-Laws not contrary to the laws of this State and the United States as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deemed proper and necessary for the order, protection and good government of the Town, the protection and preservation of persons and property, and of the public health and welfare of the Town and its inhabitants; provided, however that any Ordinance relating to the public health of the Town and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases or to prevent nuisances affecting the same shall apply not only within the corporate limits of the To" but as well to all areas and persons outside the Town within one (1) mile from said limits.
4.2.48 In the event that Town brings any action at law (including seeking the imposition of a fine or penalty, the establishment of a lien, or the collection of an amount owed to the Town in an action for debt), or in equity, to enforce compliance with any Town Ordinance, or to correct and abate any nuisance, the Town shall, if it is the prevailing party in such action, be entitled to recover, as part of the judgment, in addition to any other amounts recovered, and the Town's court costs (including all filing fees, court reporting charges, and expert witness fees). (75 Laws of Delaware, c. 343 (6/30/06))
4.2.49 May make or, adopt, by specific reference, any or all State motor vehicle statute or corresponding penalties of the State of Delaware, including (without further action by Town Council), all subsequent amendments thereto enacted by the State, as the motor vehicle ordinance of the Town. (75 Laws of Delaware, c. 343 (6/30/06))
4.3 Liberal Construction Manner of Exercise. The powers of the Town under this Charter shall be liberally construed Town, and the enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the Town shall have and may exercise any and all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter to specifically enumerate.
All powers of the Town, whether express or implied, shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by ordinance or resolution of the Town Council. The Council may, by resolution, do such other act or thing incidental, necessary, or useful in connection with any of the matters in this Charter duly authorized.
4.4 Intergovernmental Cooperation. The Town may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more States or civil divisions or agencies thereof, or the United States or any agency thereof, except as prohibited or restricted by the Constitution or laws of the State of Delaware or by this Charter.
Section 5. Town Council.
5.1 Governing Body. The government of the Town and the exercise of all powers conferred by this Charter except as otherwise provided herein shall be vested in and exercised by a Town Council composed of seven members to be chosen as hereinafter provided.
5.2. Qualifications.
5.2.1 General. Candidates for the Town Council most be at least 21 years of age and otherwise qualified to vote at the annual Town election as provided in §5.4.2. No person having been convicted of a felony shall be qualified to be a candidate for office on the Town Council.
5.2.2 Resident and Non-Resident Members. At least four of the seven members of Town Council must be residents of the Town, but all may be residents of the Town.
(a) Resident Members. Any person who, on the date of the filing of notice of intention to run (or on the date of his or her appointment to fill a vacancy), has been a permanent full-time resident of the Town for at least six (6) months prior to such date of filing (or prior to the date of his or her appointment to fill a vacancy) and certifies his or her intention of remaining a permanent, full-time resident of the Town, shall be deemed to be a “resident” Town Council member upon taking office, whether or not such person is also a freeholder in the Town; and if such person subsequently fails to maintain residency in the Town, but continues to be a freeholder in the Town, during his or her term of office, that person shall continue to be deemed a “resident” member of the Town Council. (67 Del. Laws, c. 38, 6/21/89)
(b) Any person who, on the date of filing of the notice of intention to run (or on the date of his or her appointment to office in the case of a vacancy), is not a resident, but is a freeholder in the town and otherwise qualifies to serve on the Town Council, shall be deemed to be a “non-resident” member of the Town Council.” (70 Del. Laws, c. 557, 7/18/96)
5.2.3 Council to Act as Final Judge. The Town Council. by majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members, and shall interpret and apply the standards set forth in this Charter.
5.3. Term of Office. Staggered Terms.
5.3.1 Term of Office. The term of office for each member of the Town Council shall be two years, or until their successors are duly elected and qualified at the organizational meeting held pursuant to Section 6.1 of this Charter, or until their successors are duly elected and qualified at the organizational meeting held pursuant to Section 6.1 of this Charter. (73 Del. Laws, c. 220, 1/22/02)
5.3.2 Staggered Terms. The present Commissioners of the Town of Bethany Beach, and other officers appointed to serve, in the office under Chapter 212, Volume 25, Laws of Delaware, as amended, shall continue to serve as Commissioners and officers of the Town from and after the effective date of this Charter, until their successors are duly elected or appointed. At the annual Town Election in 1986 four persons shall be elected to the Town Council to fill the vacancies created by the expiration of the terms of office of the four then outgoing Commissioners and at the annual Town election in 1987, three persons shall be elected to fill the vacancies created by the expiration of the terms of office of the three then outgoing Commissioners. Thereafter, three members of the Town Council shall be elected in odd years, and four members shall be elected in even years.
5.4 Election of Town Council.
5.4.1 Notice of Candidacy. In order to be listed on the ballot at any regular or special election for election of Town Council members, each candidate shall file a written notice of intention to seek office with the Town Manager at least forty-five (45) days prior to the date set for the election. If the Town Manager determines that any candidate may not meet the qualifications for office, he shall notify the mayor who shall call a special meeting of the Town Council to be held not less than thirty days prior to the date set for the election, at which the Town Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, by registered mail, of the date, time and place of the hearing, at which he or she may appear and testify. If the Town Council determines that the candidate does not meet the qualifications for office, it shall reject his notice of intention to seek office and his or her name shall not appear on the ballot. In making the determination, only those members of the Town Council who are not running for re-election shall be entitled to vote on the question.
5.4.2 Voter Qualifications. Any person shall be qualified to vote who, on the date of the election, is a United States citizen and has attained eighteen (18) years of age; is registered under the Town’s Voter Registration ordinances, and is either: (a) a freeholder in the Town, as defined herein, for a period of ninety (90) consecutive days immediately preceding the date of the election, or (b) has been a permanent, full-time resident of the Town for at least six (6) months prior to the date of the election in which he or she seeks to vote. For purposes of this Charter: (i) a “freeholder” shall be deemed to include any natural person who holds title of record to a fee simple, estate or a life estate, in and to real property located within the Town boundaries; (ii) a “resident” shall mean any person who has been a permanent, full-time resident of the Town for at least six (6) months prior to the date of election. (67 Del. Laws, c. 38, 6/21/89)
5.4.3 Voter Registration. The Town Council shall enact such ordinances concerning the registration of qualified voters for municipal elections in the Town as it deems reasonably necessary to provide for the orderly and efficient conduct of municipal elections; provided that no such ordinances shall alter the qualifications of voters as hereinabove set forth, nor shall any such ordinances unduly impair the right to vote in a municipal election.
5.4.4 Uncontested Elections. Where there is only one official candidate for each office, if none of the official candidates has a formal opponent on the day of election, the official candidates may assume office without the holding of a formal election.
5.4.5 (a) Date, Time, and Place. Unless revised as hereinafter-provided, annual elections for Town Council shall be held on the first Saturday after Labor Day at such time and place, within the Town, as shall be determined by the Town Council. The polls shall remain open for a six-hour period to be determined by the Town Council, provided however, that the Town Council may, not later than July 1st in any year, change the date of the annual election to another Saturday in September in that calendar year. In the event the Town Council acts to change the date of the annual election to a date other than the first Saturday after Labor Day, public notice of such change shall, within 15 days of such vote, (in addition to the notice required under Section 5.4.5 (b) of this Charter) be posted in five (5) public places in the Town and published in a newspaper of general circulation in the Town in bold print or bordered in black in such manner as to call attention thereto. (67 Del. Laws, c. 38, 6/21/89)
(b) Notice of Elections. Notice of any election to elect members to the Town Council shall be given by posting notice thereof in at least five public places in the Town not less than twenty one (21) days before the day of such election and by publishing notice in two newspapers of general circulation in the Town at least twenty one (21) days before the day for the election. Such notices shall state the date, time, and place of the election as well as a description of the positions to be filled. Such notices shall be in bold print or bordered in black in such manner as to call attention thereto. In the event that the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control. (67 Del. Laws, c. 38, 6/21/89)
(c) Voting Machines, Paper Ballots. Elections shall be by voting machine, electronic voting system, or by paper ballot as the Town Council shall determine; provided however that voting machines or electronic voting systems shall be used if required by general statute.
(d) Absentee Voting. The Town Council may, (but shall not be required to), by ordinance, provide for a qualified voter (duly registered if required by ordinance) who shall be unable to appear in person to cast his or her ballot at any municipal election by absentee ballot, and to provide that at any time after all absentee ballots have been voted, such absentee ballots may be counted, provided that such count is kept secret until the closing of the polls. (74 Del. Laws, c. 50, 6/19/03)
(e) Rules Governing Conduct of Elections. The Town Council may, by resolution. adopt such rules, not inconsistent with the provisions of this Charter or with applicable state or federal law, governing the conduct of elections.
(f) Election Board. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) Inspector of the Election and two (2) Judges of the Election. The Inspector and Judges constituting the Election Board shall be qualified voters of the Town and shall be appointed for that purpose by the Town Council at least twenty (20) days before such election. If, at the opening of the polls, there shall not be present the members of the Election Board, then in such case the ranking town officer available at the opening of the polls shall appoint a qualified voter or voters to act as a member or members of the Election Board to fill such vacancies caused by the absence of members of the Election Board. Members of the Election Board shall be the sole and final judges of the conduct of the election and of the legality of the votes offered. The Election Board shall have the power to subpoena persons, and officers of the Town, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered.
(g) Election Results. Upon the close of the election, the votes shall be read and counted and the persons having the highest number of votes shall be declared, by the Election Board, to be duly elected to such vacant offices as then exist, and such persons shall continue in office during the terms for which they were chosen, or until their successors are duly elected or appointed and qualified.
(h) Ties. In the event of a tie vote for any office, the Election Board shall determine such tie by lot.
(i) Preservation of Ballots and Records. All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for a period of ten (10) days, unless an appeal is filed in a court of appropriate jurisdiction.
(j) Election Record Book. The Election Board shall enter in a book, to be provided for that purpose, the results of the election, containing the names of the persons elected. The members of the Election Board shall subscribe the same. The book, containing such matters, shall be preserved by the Town Council.
Section 6. Organization of Town Council
6.1 Organizational Meeting. An organizational meeting of the Town Council shall be held as soon as practicable, not exceeding twenty four (24) hours, following the determination of the election results by the Election Board. Such meeting shall be held at the usual place for holding regular meetings. The newly elected Council members shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace, the Town Alderman, or by one of the holdover Council members.
6.2 Officers. The seven members of the Town Council Shall be elective. All other officers shall be appointed offices, such appointment to be made by the Town Council, as provided in §7 of this Charter. At the organizational meeting, the Town Council members shall elect from among their own members the following officers each and all of whom must be residents of the Town. If, during their term of office, any of these office" shall cease to be a resident of the Town, they shall ipso facto be deemed to have vacated their positions as an officer of the Town Council, but shall not be deemed to have vacated their seat on the Town Council unless they also disqualify by virtue of those provisions of this Charter governing qualifications for Town Council. Each of the following officers of the Town Council shall serve in that position for a term of one year or until the organization meeting after the next succeeding election.
6.2.1 Mayor. The presiding officer of the Town Council shall have the title of 'Mayor'. It shall be the duty of the Mayor to preside at all meetings of the Town Council, to serve as the head of the Town government for all ceremonial purposes or for purposes of military law; to appoint committees, subject to council confirmation, and to perform such other duties as may be prescribed by any ordinance or resolution adopted by the Town Council. The Mayor shall have the same right as other Council members to vote on all matters and may at any time appoint another Council member to preside if he desires to make a motion, move the adoption of a resolution, second either. or debate any question from the floor. and may thereafter immediately resume his duties as presiding officer. For purposes of establishing a majority vote or quorum, the Mayor shall be counted as a member of Council.
The Mayor shall be authorized to act on behalf of the Town, without prior Council approval, in the event of some sudden emergency requiring prompt action in order to protect the public health, safety, and welfare of the Town, its residents and property owners. A 'sudden emergency' for purposes of this section, shall include, by way of example and not in limitation, a major fire or conflagration, significant flooding, or serious storm threatening significant damage, a civic disturbance, or a toxic spill. A 'sudden emergency' shall also include any emergency situation as declared by any County, State. or federal agency having jurisdiction over the Town where the scope of the emergency so declared includes the Town of Bethany Beach. If reasonably possible, the Mayor shall notify each Council member, in writing, of the action so taken within 48 hours. Notice shall be complete upon depositing such notice in the U.S. Mail. proper postage affixed, to each Council member at his or her last known address.
Any action taken by the Mayor under the powers vested in him under this section shall be as good as the act of the entire Council, provided that the Council may at a regular or special meeting held within 15 days of the Mayor's action, cancel the further implementation of any such action not yet completed and notify any persons or legal entities affected.
6.2.2 Vice Mayor. The Vice-Mayor shall act as Mayor during the absence or disability of the Mayor, and shall perform such other duties as may be assigned to him by the Mayor or by ordinance or resolution adopted by the Town Council.
6.2.3 Secretary-Treasurer. The Secretary-Treasurer shall have general supervision of the Town's records, documents, funds, and resources. The Secretary-Treasurer shall cause to be kept a true and faithful record of the proceedings of the Town Council. The Town Council shall cause the preparation of an annual report of the financial condition of the Town showing its receipts and expenditures which report shall be prepared by such skilled accountants or auditors as the Town Council shall. by resolution select. Such annual report, once accepted by the Town Council. shall be open to the Inspection of any bona fide resident or freeholder of property in the Town. The Secretary-Treasurer shall give such bond as shall be determined and approved by the Town Council. The Secretary-Treasurer shall also have such other duties as directed by ordinance or resolution of the Town Council.
6.2.4 Filling Vacancies. If a vacancy shall occur in the office of any officer elected by the Town Council, the Council shall fill such vacancy for the unexpired term by a person qualified to fill the post.
6.2.5 Choice by Lot in Event of Deadlock. In the event the Town Council is unable to elect from among their qualified members a Mayor, Vice-Mayor, or Secretary-Treasurer, such office shall be filled by 'lot' from among them.
6.3 Prohibitions
6.3.1 Holding Other Office. Except where authorized by law, no member of the Town Council, shall hold any other Town Office or Town employment during the term for which he was elected to Council and any former Council member shall not hold any compensated appointed Town Office or employment until one year after the expiration of the term for which he or she was elected to the Council.
6.3.2 Contracts with the Town. It shall be unlawful for the Council or the Town officers, agents, or employees, to make or enter into any contract for materials. supplies, work or labor for the use and benefit of the Town with any member of Council or with any partnership in which any member of Council is a partner, or with any corporation in which any member of Council is a director or has a controlling interest, except with the unanimous consent of the disinterested Council members, and such contract shall be absolutely null and void without such unanimous consent; provided however, that nothing herein shall prohibit the council, the Town's officers, agent or employees, from entering into any such contract without such unanimous approval where the amount involved in the transaction does not exceed the sum of $500.00. No transaction exceeding said $500.00 may be fragmented into two or more smaller transactions so as to avoid the $500.00 limitation. The disinterested members of the Council shall be the final arbiters in determining whether any transaction or series of transactions were so fragmented, and in making such determination shall consider the totality of the circumstances surrounding such transactions.
6.4 Vacancies, Forfeiture of Office
6.4.1 Vacancies. The office of a Town Council member shall become vacant upon his death, resignation, lawful removal from, or forfeiture of his office.
6.4.2 Forfeiture Proceedings. A forfeiture of his office shall occur when any Council member:
(a) lacks, at any time during his or her term of office, any qualification for the office prescribed by this Charter or by law.
(b) wilfully violates any express prohibition of this Charter.
(c) is convicted of a felony or any crime involving moral turpitude.
(d) fails to attend three consecutive regular council meetings without being excused by Council.
6.4.3 Determination Concerning Forfeiture. Where the conditions set forth in 6.4.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in 6.4.2 (a) or (b) are alleged to have occurred, a determination concerning such alleged forfeiture shall be made by the Council, but the affected party shall not have a vote in any such decision. Such deliberations may be had in executive session and if the Council determines by a unanimous vote of the Council members entitled to vote on the question, that a forfeiture has occurred, it shall, within forty eight hours of that determination, provide written notice thereof to the affected Council member, stating specific reasons. The affected party shall then have ten days in which to make a written demand for a public hearing before the Council, to be held within twenty days of the written demand, at which hearing he or she may appear with the assistance of counsel and present evidence to the relevant issues. Thereafter the Council shall hear any other relevant evidence and vote again on the question of forfeiture; and if a determination of forfeiture is again made by a unanimous vote of the Councilmembers entitled to vote on the question, the decision shall be final.
6.4.4 Failure to Request Hearing as a Bar. Failure of the affected person to make written demand for a public hearing as hereinabove stated shall be an absolute bar to his right to challenge that decision. During. or in connection with, any such proceedings, the Council shall have authority to subpoena witnesses, administer oaths, take testimony, and require the production of documentary or physical evidence, all of which shall be done if requested in writing by the affected person.
6.5 Filling Vacancies on Council.
In case of a vacancy on the Council, the remaining Council members shall elect another qualified person to serve for the remainder of that vacant seat's term.
6.6 Reimbursement of Expenses.
The Mayor and members of Council shall be reimbursed for their actual and necessary expenses while out of the said Town on business which has been duly authorized by motion, resolution or order of Council.
6.7 Meetings.
6.7.1 Regular Meetings. The Town Council shall meet regularly during the year. The time and place of each regular meeting shall be set by Council each year at their organizational meeting, but Council shall not hereby be prohibited from rescheduling such meetings from time to time during the year as need arises.
6.7.2 Special Meeting; Waiver of Notice. Special meetings shall be called by the Town Clerk upon the written request of the Mayor, or upon the written request of any four members of Council, stating the day, hour and place of the special meeting requested and the subject or subjects proposed to be considered thereat. Such notice must be deposited in the U.S. mail in the main post office in the Town at least 96 hours prior to the time set for such special meeting, provided. however, that a waiver of such notice, (written, telegraphic, or recorded telephonic message) by all members of Council prior to or immediately upon the convening of such special meeting shall make the 96 hour written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time and for any purpose named in such waiver, or the transaction of any other business at the meeting, if the waiver so states. Subject to the scope of the notice, the Town Council of the Town shall have the same power and authority to enact all ordinances, adopt all resolutions, pass all motions, make all orders and transact all business at any such special meeting, called as aforesaid, as Council has at a regular meeting.
6.7.3 Adjourned Meetings. The Town Council may adjourn its meetings from time to time, stating the date, place, and time to which such meeting shall be adjourned.
6.7.4 Place of Meetings. No action of the Town Council may be taken by the Town Council except at a duly convened regular or special meeting held in the Town of Bethany Beach.
6.8 Manner of Acting.
6.8.1 Rules of Procedure, Record of Proceedings. The Town Council may determine its own rules of procedure and order of business. It shall keep a record of its proceedings.
6.8.2 Ordinances. The Council is hereby vested with the authority to enact ordinances or resolutions relating to any subject within the powers and functions of the Town, or relating to the government of the Town, its peace and order, its sanitation, beauty, health, safety, convenience and property. and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances on any particular subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated.
In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the Town Council shall be by ordinance which:
(a) Adopt or amend an administrative code or establish, or abolish any town department, office or agency;
(b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(c) Grant, renew or extend a franchise;
(d) Amend or repeal any ordinances previously adopted.
Acts other than those referred to in the preceding may be done either by ordinance or by resolution. Every ordinance shall be introduced in writing. Vote on any ordinance may be by voice vote and the vote of each Council member on any ordinance shall be entered on the record. No ordinance shall be passed unless it shall have the affirmative vote of a majority of the Commissioners elected.
6.8.3 Quorum. Four members of the Town Council shall be physically present in order to constitute a quorum to conduct business, but if a lesser number be present at any regular or properly called special meeting, they may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance adopted by the majority of the entire Council.
6.8.4 Vote Necessary to Carry Action. All powers of the Town Council. whether express or implied, shall be exercised in the manner provided herein, or if not prescribed herein, then by ordinance or resolution. In the general performance of their duties, the acts, doings, and determinations of a majority of the entire Town Council shall be as good as the acts, and determinations of all the members of the Council.
6.9 Succession of Authority.
In the event that the Mayor is unavailable or incapable of assuming his responsibilities in a sudden emergency (as defined in §6.2.1) the emergency powers therein vested in the Mayor shall devolve upon the following officers and officials of the Town in the following order of sequence: (1) Vice-Mayor, (2) Secretary-Treasurer, (3) Each of the four remaining Council members in order of their total number of years served on Council, (4) the Town Manager, (5) the Chief of Police, (6) the Building Inspector.
Section 7. Appointed Officers
7.1. Town Manager.
7.1.1 Appointment, Term. The Council shall appoint a Town Manager who, subject to §16.1 hereof, shall be the Chief Administrative Officer of the Town. He shall be appointed solely on the basis of his professional, executive and administrative qualifications. He need not, when appointed, be a resident of the Town or of the State of Delaware, but shall, within six months of his appointment, as a condition of his employment, become domiciled within such radius of the Town Hall as determined by Council at the time of his appointment, No member of Council shall, during the term for which elected, be appointed to act as Town Manager. The Town Manager shall be removable as provided by ordinance or by the terms of a written agreement between the Town Manager and the Town. In case of the absence, disability, or suspension of the Town Manager, the Council may designate some other competent person to perform the duties of the office during such absence, disability or suspension. (73 Del. Laws, c. 156, 7/10/01)
7.1.2 Vacancy from Office. In the event of a vacancy in the office of Town Manager, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.
7.2 Town Solicitor. The Town Council shall select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of the Town Council. The 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 duty to give legal advice to the Council, the Town Manager, and other officers of the Town, and to perform other legal services as may be required of him by the Council.
7.3 Other Officers. Employees, and Agents. The Town Council may provide for the appointment or hiring of such other officers, employees and agents of the Town, which it may deem proper and necessary, for the proper conduct and management of the Town. Unless governed by the terms of a written contract, a written personnel policy, a written personnel classification or merit system, or a written grievance or disciplinary procedure duly adopted by the Town Council, any such officers, employees and agents of the Town, may be removed at any time by the Town Council at their pleasure.
7.4 Compensation. The Town Council shall by ordinance or resolution fix the amount of any salaries or compensation of the employees, officers and agents of the Town. No officer, employee or agent of the Town shall in any form have, take, or receive from the Town any compensation, in addition to the salary or compensation fixed by the Town Council, except for reimbursement for actual and necessary expenses incurred by them in the performance of their duties, if such reimbursement be authorized and approved by motion, resolution or order of Council.
7.5 Personnel Records. The Town Council shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the Town, containing the names of such officers, employees and agents, the dates of their employment, any salary or compensation to be by them received and the date of the termination of their services.
Section 8. Assessment for Taxes.
8.1 Board of Assessment.
8.1.1 Appointment. Indefinite Term. The Mayor may with the advice and consent of a majority of the entire Council, appoint a Board of Assessment composed of three (3) members, each of whom shall be domiciled within the corporate limits of the Town. and who shall serve for an indefinite term.
8.1.2 Oath, Duties, Compensation. The Board of Assessment shall be sworn or affirmed by the Mayor of the Town of Bethany Beach, or by a Justice of the Peace, or Town Alderman, to perform their duties diligently. with fidelity and without favor to the best of their ability, knowledge, and judgment. It shall he the duty of the Board of Assessment to make a fair and impartial assessment of property subject to taxation situate within the limits of the Town of Bethany Beach and to perform such other duties with reference thereto as shall be prescribed from time to time by the Town Council. The compensation to be by them received for the performance of their duties and the hiring of employees to assist them in the performance of their duties, shall be fixed by and subject to the approval of the Town Council.
8.1.3 Professional Assessors to Assist. In addition to the appointed Board of Assessment, it shall be within the discretion of the Council to appoint a professional assessor to assist the Board of Assessment in performing the duties of the office to which they were appointed, but the Board of Assessment shall in all instances be responsible for making the final determination.
8.1.4 Adoption of Sussex County Assessments. The Town Council may adopt the assessment of Sussex County for any or all property located within the corporate limits of the Town of Bethany Beach, in lieu of making its own independent assessment and valuation, anything herein to the contrary notwithstanding. In such event, the assessed values established by Sussex County shall be conclusive for purposes of levying Town taxes, and the Town Council shall have no authority to hear appeals (under §8.3) regarding same. If the Town Council elects to adopt the Sussex County Assessments, only this section and §8.2.4 of §§8.1, 8.2 and 8.3 shall have effect; but the Town Council will have authority to consider appeals concerning any additions to tax bills under §8.2.4 at any regular or special meeting.
8.2 Assessment Procedure.
8.2.1 Making the Assessment. If appointed, the Board of Assessment shall, prior to the first day of April of each year, make a just, true and impartial annual valuation or assessment of all real estate and improvements located within the Town of Bethany Beach. All real estate shall be described with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to 'Owner Unknown'. A mistake in the name of the owner or owners or a wrong name or an assessment to 'Owner Unknown' shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided,, however, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds, in and for Sussex County.
8.2.2 Assessment of Members of Board of Assessment. The real property of the members of the Board of Assessment shall be assessed by the Town Council of the Town of Bethany Beach.
8.2.3 Delivery of Assessment List. The Board of Assessment, after making such annual assessment, shall deliver to the Town Council of the Town of Bethany Beach a list containing the names of owners of all properties assessed and the amount of assessment against each. The Board of Assessment shall also deliver at such time as many copies of said list as the Town Council shall direct.
8.2.4 Additions to Tax Bills. Whether utilizing the Sussex County assessments or those prepared by the Town's own Board of Assessment, the Town Council shall annually. prior to the posting of the assessment list, by resolution, provide for the Town Manager a list of any and all charges, costs or other assessments owed to the Town, which list of charges incurred shall include, but not be limited to the following: water bond sinking funds assessments, curb and gutter assessments, water assessments, weed and grass cutting bills, trash collection bills, and past due water rents. Said amounts, when adopted and set forth by resolution of the Mayor and Council, shall be shown on the copies of the assessments posted pursuant to the provisions of Section 8.3.1 of this Charter.
8.3 Assessment Appeals.
8.3.1 Posting of Assessment List; Notice. Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council shall cause a full and complete copy of the same, containing the amount assessed to each taxable, to be made available for public inspection at the Town Office, and there it shall remain for a period of at least thirty (30) days for the information of and examination by all concerned. Appended thereto, and also in five or more public places in the Town, shall be posted notice advertising to all concerned the date and place where the assessment list has been made available, and that, upon a certain day mentioned therein (Not earlier than 30 days after the availability of the true and correct copy of the assessment list), the Town Council will sit as a Board of Revision and Appeal to hear appeals from the said assessment and to make such corrections and revisions as it deems appropriate. Such notice shall also be published at least once in a newspaper of general circulation in the Town of Bethany Beach not less than 15 days prior to the date set for such appeals.
8.3.2 Appeals Day. On the day set for such appeals, the Town Council shall sit as a Board of Revision and Appeal to hear appeals from the said assessment and to correct and revise the assessment as they deem appropriate. The Town Council shall have full power and authority to alter, revise, add to. and take from the said assessment. The decision of a majority of the Council shall be final and conclusive, unless an appeal is taken to the Superior Court of the State of Delaware in and for Sussex County within ten (10) days from the date of the Town Council's decision.
No member of the Town Council shall sit on his own appeal, but the same shall be heard and determined by the other members of the Town Council.
The Board of Assessment 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 for which an appeal has been taken. The Town Council shall have the authority to enforce the attendance of the Board of Assessment by appropriate process.
Section 9. Levy of Taxes, Tax Limit.
9.1 Determination of Revenue Needs. After the valuation and assessment shall have been examined, revised, and completed the Town Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised by the Town to meet the fixed and anticipated expenses and obligations of the Town, including reasonable and appropriate reserves, for that fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.
9.2 Determination of Revenue Sources. The Town Council 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. They shall then proceed to determine, assess, fix and/or levy as follows:
9.2.1 Real Estate and Improvements.
The rate of tax on real estate including improvements thereon per One Hundred Dollars ($100) of the assessed value; and/or
9.2.2 Utility Fixtures. The rate of tax upon all poles, construction, erections, wires and appliances more particularly mentioned, or intended so to be in Section 4.2.40 of this Charter and/or
9.2.3 License Fees. The several license fees to be charged for carrying on or conducting of the several businesses, professions or occupations as authorized by Sections 4.2.38 and 4.2.39 of this Charter; and/or
9.2.4 Municipal Services. The several rates to be charged for furnishing water service, front footage assessment, trash collection; and/or
9.2.5 Other Services. The fees or rates to be charged in respect to any other authorized source of revenue sufficient in their 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 9.2.3, 9.2.4, and 9.2.5 aforementioned may be determined, fixed assessed, levied and/or altered or changed upon other than a fiscal year basis at any regular or special meeting of the Town Council as the Town Council, in its own proper discretion, shall determine.
9.3 Levy of Tax. The setting of the tax rate pursuant to 9.2.1: (a) shall constitute the levy of such taxes and charges in accordance with the assessment list (subject to any pending assessment appeals to the Superior Court) and (b) shall constitute the Council's direction and authorization to the Town Manager to make collection, when due, of such taxes and charges. The Town Council shall obtain a bond for the Town manager and Finance Director in form suitable to the Town Council with sufficient surety, in favor of the Town of Bethany Beach, in a sum to be determined by the Town Council conditioned upon the faithful discharge of the trusts imposed in them and for the collection of all taxes committed to them, and for the payment by them of the amount of all such taxes, excepting only as far as the Town Council shall make allowances for. The Town Manager shall immediately proceed to collect the same as hereinafter provided.
9.4 Savings Clause. Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due The Town of Bethany Beach under the existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in the Town of Bethany Beach created hereby.
9.5 Limitation on Taxes. The total amount of money, to be raised by real property taxes (§9.2.1), utility fixture taxes (§9.2.2), and special taxes levied or imposed in connection with any municipal bond (§12.2.7) shall in no year exceed three percent (3%) of the total assessed valuation of all taxable real estate (and improvements thereon) in the Town.
Section 10. Collection of Taxes.
10.1 Collection by Town Manager. The Town Manager shall, as soon as the Town Council shall have set the tax rate pursuant to §9.2.1, proceed at once to collect the taxes so levied.
10.2 Lien. All taxes so laid or imposed by the Town of Bethany Beach shall be and constitute a lien, for a period of ten (10) years from the date so levied, upon the real estate against which such taxes are laid and imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any taxes so levied. Such lien shall have preference and priority to all other liens on such real estate as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and date prior to the time of the attaching of such lien for taxes.
10.3 Due Date. All taxes, when and as collected by the Town Manager, shall be paid to or deposited to the credit of the Town of Bethany Beach, in federally insured banking institutions approved by the Town Council. All taxes shall be due and payable at and from the time the tax rate is set under §9.2.1
10.4 Place of Payment. All taxes shall be payable at the Town Office of the Town of Bethany Beach during regular business hours of that office.
10.5 Penalty for Late Payment; Collection Fee. On all taxes paid on or after September 1st of each year re shall be added a penalty to be determined by Council for each month or fraction thereof such taxes shall remain unpaid, said penalty to be effective on the first day of September, and said penalty shall be collected in the same manner as the original amount of the tax. The Town Council shall have the power to make just allowances for delinquencies in the collection of taxes. All taxes unpaid on September 1st of each year shall be considered delinquent. In effecting a collection of any delinquent tax, the Town Council may impose a collection charge reasonably calculated to recover the costs of collection.
Section 11. Remedies, Powers, and Methods for Collection of Taxes, Assessments and Other Charges Due to the Town
11.1 Notice Prior to Exercise. Before exercising any of the powers hereinafter given for the collection of taxes, written notice of the amount due shall be sent to the taxable at his last known address.
11.2 Debt Action. The Town Manager, when any tax has become delinquent, may, in the name of the Town of Bethany Beach institute suit before any Justice of the Peace or in the Court of Common Pleas of the State of Delaware, in and for Sussex County, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the unpaid tax in an action of debt, and upon judgment obtained, may sue out writs of execution as in the case of other judgments recovered before a Justice of the Peace Court or in the Court of Common Pleas, or in the Superior Court as the case may be, provided however that, as to any personal property of the taxable in Sussex County levied upon by the Sheriff within 60 days after the writ of execution was delivered into his hands, the lien of judgment shall have priority over all other liens against such personal property created or suffered by the taxable, (excepting only the liens of the Federal, State or Sussex County government), although such other liens be of date prior to the time of the attachment of the said tax liens to the personal property so levied upon.
11.3 Sale of Lands. Should the Town Manager so elect, and without necessity of employing any or all of the other remedies provided herein, the Town Manager is authorized and empowered to sell the lands and tenements of a delinquent taxpayer or the lands and tenements alienated by a delinquent taxpayer subsequent to the levy of the tax by the following procedure:
11.3.1 The Town Manager shall present in the name of the Town of Bethany Beach to the Superior Court of the State of Delaware. in and for Sussex County, a petition in which shall be stated:
(A) The name of the taxable or assessee;
(B) The year for which the tax was levied, assessed, or charged;
(C) The rate of tax, assessment, or other charge;
(D) The total amount due;
(E) The date from which the penalty for nonpayment, if any, shall commence and the rate of such penalty and any collection charge permitted;
(F) A short description of the lands and tenements proposed to be sold, sufficient to reasonably identify same;
(G) A statement that the bill of said tax, assessment or other charge has been mailed to the taxable at his last known post office address with return receipt requested by certified mail and postage prepaid, together with a notice that the Town Manager would proceed to sell the lands and tenements of the taxable for payment of the tax. assessment, or other charge due the Town; and the date of such mailing;
(H) The petition shall be signed by the Town Manager and shall be verified before a Notary Public.
11.3.2 At least ten (10) days prior to the filing of any such petition as described herein, the Town Manager shall deposit in the mail in a sealed and stamped envelope and addressed to the taxable at his last known address requiring a registered receipt returnable, an itemized statement of the tax, assessment or other charge due, together with all penalties, collection charges, and costs then due thereon, together with a notice to the delinquent taxpayer that he shall proceed to sell the lands and tenements of the taxpayer for the payment of the tax assessment, or other charge. The Town Manager shall exhibit the return registry receipt to the Court by filing the same with the petition; provided, however, that if the taxpayer cannot be found, or if delivery is refused, it shall be sufficient for the Town Manager to file with said petition the evidence that such statement has been mailed in accordance with this subsection and has been returned.
11.3.3 Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Superior Court, in and for Sussex County, and shall endorse upon the said record of said petition the following:
This petition, filed the ___ day of ___, A.D. ___, (giving year and date), and the Town Manager of the Town of Bethany Beach is hereby authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the amount.
This endorsement shall be signed by the Prothonotary.
11.3.4 Any sales of lands and tenements of a delinquent taxpayer shall be advertised in five (5) public places in the Town of Bethany Beach, one of said public places shall be the Town Office and one of which shall be on the premises and by printing the notice of said sale at least one (1) time in a newspaper of general circulation in the Town. The notice shall contain the day, hour, place of sale and a short description of the premises sufficient to identify the same. The handbills shall be posted at least fifteen (15) days before the day fixed for the sale and the newspaper advertisement shall be published at least fifteen (15) days before the day of the sale.
11.3.5 Each sale of lands and tenements shall be returned to the Superior Court of the State of Delaware, in and for Sussex County. at the next Motion Day thereof following the sale, and the Court shall inquire into the circumstances and either approve or set aside the sale. If the sale be set aside, the Superior Court may order another sale and so on until the tax be collected. No sale shall be approved by the Superior Court if the owner be ready at court to pay the taxes, penalty, collection fees and costs. If the sale be approved, the Town Manager making the sale shall make a deed to the purchaser which shall convey the right, title and interest of the delinquent taxpayer or his alienee; provided however, that no deed shall be delivered to the purchaser until the expiration of one (1) year from the date of the sale within which time the taxpayer or his alienee, heirs, executors, administrators. or assigns, shall have the power to redeem the lands on payment to the purchaser, his personal representatives or assigns, the costs, the amount of the purchase price, plus twenty percent (20%) and the expense of having the deed prepared. All taxes assessed after the sale and before the delivery of the deed shall be paid by the purchaser at said sale who shall be reimbursed by the delinquent taxpayer in the event of redemption to which shall be added twenty percent (20%) thereon.
In the event the purchaser refuses to accept the same, or in the event he, his heirs or assigns, cannot be located within the State of Delaware, it shall be lawful for the owner, his heirs, executors, administrator, and assigns, to pay the redemption money to the Town Manager of Bethany Beach and upon obtaining from him a receipt therefore, such receipt shall be considered for all intents and purposes a valid and lawful exercise of the power to redeem the said lands.
In the event the lands have not been redeemed within the redemption year, the Town Manager shall deliver to the purchaser, his heirs, executors, administrator, or assigns, a deed which shall convey the title of the taxable or assessee.
The petition, return and deed shall be presumptive evidence of the regularity of the proceeding.
11.3.6 After satisfying the tax, assessment, or other charge due and the costs and expenses of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land. If he shall refuse to accept said residue, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some bank either to the credit of the owner or in a manner in which the fund may be identified.
11.3.7 In the sale of lands for the payment of delinquent taxes, assessments, or other charges the following costs shall be allowed to be deducted from the proceeds of the sale or chargeable against the owner, as the case may be, in the amount customarily charged:
(A) To the Prothonotary for filing and recording the petition.
(B) For filing and recording the return of sale.
(C) To the Town Manager for (1) preparing the Certificate, (2) making the sale of lands, (3) preparing and filing a return, (4) posting sale bills. In addition, the costs of printing handbills, the publication of the advertisement of sale in a newspaper, and the auctioneer's fee, if any, shall be chargeable as costs. The costs of the deed shall not be chargeable as, costs, but shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware transfer tax shall be paid by the purchaser of said lands at the tax sale.
11.3.8 If the owner of any lands and tenements against which a tax shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale and in the Petition to the court.
11.3.9 If any person is assessed for several parcels of land and tenement, in, the same assessment in the Town of Bethany Beach, the total of said taxes, assessments, or other charges may be collected from the sale of any part or portion of said lands and tenements.
11.3.10 In the event of death, resignation or removal from office of the Town Manager of the Town of Bethany Beach before the proceedings for the sale of lands shall have been completed, his successor in office shall succeed to all of his powers, rights, and duties in respect to said sale. In the event of the death of the purchaser of said sale prior to his receiving a deed for the property purchased thereat, the person having right under him by consent, devise, assignment, or otherwise, may refer to the Superior Court of the State of Delaware, in and for Sussex County, a petition representing the facts and praying for an order authorizing and requiring the Town Manager to execute and acknowledge a deed conveying to the petitioner the premises so sold, and thereupon the court may make such order touching the conveyance of the premises as shall be according to justice and equity.
11.3.11 The Town Manager shall have the same right to require the aid or assistance of any person or persons in the performance of his duty of sale which the Sheriff of Sussex County now has by law or may hereafter have.
Section 12. Borrowing Powers
12.1 Short-Term Borrowings by Town Council Without Voter Approval. The Town Council shall have the power to borrow money on the full faith and credit of the Town, without approval of the voters and without regard to the provisions of Section 12.2 of this Charter, such sum or sums not exceeding in the aggregate one-third of the total amount of the Town’s revenues for the immediately preceding fiscal year, from real property and utility fixture taxes, license fees, and fees for municipal services, for general purposes when, in the opinion of the majority of the Town Council elected, the needs of the Town require it; provided. however, that any new borrowings under this Section 12.1 made after the effective date of this act shall, by their terms. be repayable in full within five (5) years of the date of each such borrowing. Any sum or sums so borrowed shall be secured by a promissory note or notes or other evidence of indebtedness of the Town Council duly authorized by Resolution of the Town Council and signed by the Mayor and attested by the Secretary of the Town Council with the town seal affixed. No. Council member shall be liable for the payment of any such note or any other evidence of indebtedness because it is signed by him as a Council member, provided that he is so authorized by Resolution of Town Council. Such notes or evidences of indebtedness and the interest thereon shall be exempt from all taxation by the State of Delaware, its agencies and political subdivisions. Any sum(s) of money borrowed on the full faith and credit of the Town shall be paid from the general funds of the Town. The aggregate amount of outstanding principal from any such borrowing or borrowings under this §12.1 shall at not time exceed one-third of the highest amount of the Town’s total revenues from the aforementioned sources in any one of the five immediately preceding fiscal years. (67 Del. Laws, c. 38, 6/21/89)
12.2 Long-Term Borrowings, Voter Approval Required. Required. In addition to other borrowing powers granted to the Town under this Charter or by special act, the Town Council shall have authority to borrow money for any proper municipal purpose through the issuance of bonds or other evidence of indebtedness to secure the repayment thereof, on the full faith and credit of the Town, or such other security or securities as the Town Council shall elect, for the payment of principal thereof and interest due thereon.
12.2.1 Proper Municipal Purpose. By way of illustration and not in limitation, “any proper municipal purpose” includes, but is not limited to:
(A) refunding any or all outstanding bonds or other indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein, but refunding such Bonds or other indebtedness of the Town shall not require the procedure set out in §12.2.4 so long as the outstanding principal amount of the refunding Bonds or other evidence of indebtedness does not exceed the face amount refunded, plus the cost of refunding, and shall be enacted by resolution of the Town Council. (68 Del. Laws, c. 275, 6/25/92)
(B) erecting, extending. enlarging, maintaining, or repairing any plant, building, machinery, or equipment for the manufacture, supplying, or distribution of gas, water, electricity, sewerage, or drainage system. or any of them, and the condemning or purchasing of any lands, easements, and right-of-ways which may be required therefore.
(C) constructing, paving, laying out, widening, extending, repairing and maintaining streets, lanes, alleys and ways. and the paving, constructing. laying-out, widening, extending, repaving, and maintaining of curbing and gutters, including storm sewers, along the same, and the condemning or purchasing of lands, easements or rights of ways which may be required therefor
(D) constructing, laying out, widening, extending, repairing and maintaining boardwalks, pier, jetties, bulkheads, sidewalks, cross walks, or embankments, or any of them, and the condemning or purchasing of any lands, easements, or rights of way which may be required therefor
(E) defraying the costs to the Town of any other municipal improvement provided for or authorized or implied by the provisions of this Charter
(F) paying all expenses deemed necessary by the Town Council for the issuance of said bonds or other evidence of indebtedness, including bond discount and legal expenses of bond counsel.
12.2.2 Exempt From Taxation. All bonds or other kinds or forms of evidence or evidences of indebtedness issued by the Town pursuant to the provisions of this section, and the interest thereon, shall be exempt from all State, County, or Municipal taxes.
12.2.3 Limit of Aggregate Long-Term Indebtedness. In no event shall the indebtedness of the Town of Bethany Beach, authorized by this Section 12.2, at any one time exceed, in the aggregate, fifteen percent (15%) of the assessed valuation of all real property within the corporate limits of the Town of Bethany Beach and subject to assessment for the purpose of levying the annual town taxes as provided in this Charte