Blades

Section 1. Incorporation

The inhabitants of The Town of Blades within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic and corporate in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature whatsoever by the corporate name of "The Town of Blades".

Section 2. Territory and Limits

The territory and limits of the town of Blades are hereby established and declared as recorded on the official map of record in The Office of The Recorder of Deeds in and for Sussex County, Delaware as presently existing and as hereinafter amended.

74 Del. Laws, c. 407 75 Del. Laws, c. 196 76 Del. Laws, c. 44 77 Del. Laws, c. 299

Section 3. Annexation of Territory

In the event that it becomes feasible or necessary in the future for The Town of Blades to enlarge its then existing limits and territory, such annexation accomplished in accordance with the following procedures shall be lawful:

(a) If any property owner of a territory contiguous to the then limits and territory of The Town of Blades, by written petition with the signature of each such petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they reside and own property, the Mayor of The Town of Blades shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation or, the Town Council, by a majority vote of the elected members thereof, may, by resolution, propose that a committee, composed of not less than three (3) of the elected members of said Town Council, be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Blades.

(b) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexation and the reasons therefore. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Town Council proposing to the property owners and residents of both the Town and the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of three-fifths of the elected members of the Town Council. If the resolution shall fail to receive the affirmative vote of three-fifths of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one year from the date that the resolution failed to receive the required affirmative vote. The second resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution adopted by the Town Council setting forth the above information shall be printed in a newspaper published in The Town of Blades at least one week prior to the date set for the public hearing, or, if no newspaper is published in the Town, publication shall be had in a newspaper having a general circulation both in the Town and in the territory proposed to be annexed, or, at the discretion of the Town Council the said resolution shall be posted in five (5) public places both in the Town and in the territory proposed to be annexed.

(c) Following the public hearing, but in no event later than thirty (30) days thereafter, a resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the Town Council's determination to proceed with the matter of the proposed annexation.

(d) The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immediately preceding the date of the Special Election in at least two (2) issues of a newspaper of general circulation within the Town, or at the discretion of the Town Council, the said notice may be posted in five (5) public places both in the Town and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the Special Election.

(e) At the Special Election, every property owner, whether an individual, a partnership, or a corporation, both in the Town and in the territory proposed to be annexed, shall have one (1) vote. Every citizen of either the Town or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one (1) vote. In the event that a person is the owner of property in the Town and is also an owner of property in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person is the owner of property in the Town and is also an owner of property in the territory proposed to be annexed but does not reside in either place, he may vote only in the Town, and not in the territory proposed to be annexed. The books and records of The Town of Blades in the case of Town property owners and the books and records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed shall be conclusive evidence of the right of such property owners to vote at the Special Election. In the event that an individual holds a Power of Attorney duly executed and acknowledged and specifically authorizing said person to cast the votes of a partnership or corporation at the said Special Election, a duly authenticated copy of the Power of Attorney shall be filed in the office of the Town Administrator. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of the person so named to cast the votes of another person or to cast the votes of a partnership or a corporation at the Special Election.

(f) The Council shall cause to be available the required number of voting machines not less than five (5) days prior to the date of the Special Election.

(g) The form of the ballot shall be approved by a three-fifths vote of the town council, and shall allow voters to vote either for or against the proposed annexation.

(h) The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and be the owner of property in the Town, and at least one of whom must reside and be the owner of property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted at a designated location within town limits and the Board of Special Election shall have available, two clearly marked voting areas. A voting machine for those persons, partnerships, or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be placed in one voting area and all votes cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the Town shall be deposited in the other voting area. The polling places shall be opened from 12:00 noon, prevailing time, until 7:00 P.M., prevailing time, on the date set for the Special Election.

(i) Immediately upon the closing of the polling place, the Board of Special Election shall count the votes for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a certificate under their hands of the number of votes cast for and against the proposed annexation, and the number of' void votes, and shall deliver the same to the Town Council. The said certificate shall be filed with the papers of the Council.

(j) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for at least a period of one (1) year from the date of the Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Blades shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds for Sussex County, in Georgetown, Delaware, without approval of any board, agency, commission or governing body being required. In no event shall such recordation be completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of The Town of Blades from the time of said recordation. The failure to record the description and plot within the specified time shall not make the annexation invalid but such annexation shall be deemed to be effective at the expiration of the ninety (90) days period from the date of favorable Special Election.

Section 4. Structure of Government

The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in the Mayor and Town Council. The term of the Mayor shall be a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified.

The Town Council shall be composed of five (5) members, each of whose terms shall be for a period of two (2) years commencing at the Annual Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified.

The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades shall receive a maximum salary of Three Thousand Dollars ($3000.00) per annum.

Section 5. Qualifications for Mayor and Town Councilman

The qualifications for Mayor and for City Councilman at the time of his election shall be as follows:

(a) A bonafide citizen of the United States and of the State of Delaware and a resident of the Town of Blades for at least six (6) months next preceding the Annual Municipal Election.

(b) At least twenty-five (25) years of age; and

(c) Each of the qualifications for the Mayor and the Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any of the Town Councilmen to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office.

(d) For all purposes of this Charter, the word "freeholder" shall be deemed to include any person who holds fee simple title to real estate either in his own name, as a tenant in common, as a joint tenant, or as a tenant by the entirety.

Section 6. Method of Making Nominations for Mayor and Town Councilman

Each candidate for Mayor and Town Councilman shall be nominated as follows:

(a) Each candidate shall notify the Town Administrator in writing of his candidacy for the office of either Mayor or Town Councilman;

(b) All such notifications of candidacy must be filed at the office of the Town Administrator during the regular business hours of the Town at least thirty (30) days prior to the date of the annual election next ensuing; and thereupon, it shall be the duty of the Town Administrator to have a list of names of all candidates so filed with him printed in a newspaper of general circulation in The Town of Blades at least seven (7) full days prior to the said annual election next ensuing; or in the discretion of the Town Council, the Town Administrator may post a list of the names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Council. One of the said public places shall be in the Town Hall of The Town of Blades.

77 Del. Laws, c. 299

(c) In the event that the Town Administrator is unable to act because of illness, absence, or for any other reason whatsoever, the names of all candidates shall be filed with the Vice-President of the Town Council who shall thereupon perform the duties required of the Town Administrator in subsection (b) of this section.

Section 7. Manner of Holding Annual Municipal Election

The procedure for holding the Annual Municipal Election shall be as follows:

(a) The Annual Municipal Election shall be held at the Town Hall in The Town of Blades on the first Monday in April of each and every year from two o'clock in the afternoon, prevailing time, until six o'clock in the evening, prevailing time, the first said Annual Municipal Election to be held pursuant to this Charter to be held on the first Monday in March, A. D. 1972. If there is no contest for any elected office in any particular year, it shall be unnecessary to open the polls and the persons whose terms expire shall be deemed to be elected for another full term.

77 Del. Laws, c. 299

(b) At the Annual Municipal Election to be held on the first Monday in March, two (2) Councilmen shall be elected to serve a term of two (2) years or until their respective successors shall be duly elected and qualified.

(c) At the Annual Municipal Election to be held on the first Monday in March, A. D. 1973, a Mayor and two (2) Councilmen shall be elected. The Mayor shall be elected to serve a term of two (2) years or until his successor shall be duly elected and qualified. Each of the two (2) candidates for the office of Councilman who receives the highest number of votes shall be elected for a term of two (2) years or until their respective Successors shall be duly elected and qualified. The candidate for the office of Councilman who receives the third highest number of votes shall be elected for a term of one (1) year or until his Successor shall be duly elected and qualified.

(d) At the Annual Municipal Election to be held on the first Monday in March, A.D. 1974, three (3) Councilmen shall be elected to serve a term of two ( 2) years or until their respective successors shall be duly elected and qualified.

(e) Thereafter, at each Annual Municipal Election, there shall be elected three (3) Councilmen who shall serve for a term of two (2) years or until their respective successors have been duly elected and qualified except at the Annual Municipal Election in the year when a Mayor is to be elected at which time two (2) Councilmen shall be elected to serve for a term of two (2) years or until their respective successors shall be duly elected and qualified.

(f) The Mayor of The Town of Blades and each member of the Town Council of the Town of Blades who hold office at the time of the passage of this Act shall continue to hold office until their respective successors have been duly elected and qualified.

(g) The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two Judges appointed by the Mayor of The Town of Blades with the concurrence of a majority of the members of the Town Council at the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, taking reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said Annual Municipal Election to elect from among themselves a person to fill each vacancy in such Board of Election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such Annual Municipal Election.

(h) At such Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election and who shall have been a citizen of the United States for a period of one (1) year and a citizen of The Town of Blades for a period of six (6) months preceding the date of the Annual Municipal Election shall have one (1) vote, provided he or she has registered on the "Books of Registered Voters" of The Town of Blades. The Town Council of The Town of Blades shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the Office of the Town Administrator. The Books of Registered Voters shall contain the following information for each registrant. The name of the registered voter arranged in alphabetical order, the address of the voter, the birthdate of the voter, the date the registrant became a citizen of the United States, the date that the registrant became a resident of The Town of Blades, and any other pertinent information. No person shall be registered upon the Books of Registered Voters unless he will have acquired the qualification to vote in the Annual Municipal Election for the year in which he registers. A person shall be required to register only one time: provided, however, that if a registered voter falls to vote in two consecutive contested Annual Municipal Elections, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the Books of Registered Voters and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Voters shall be maintained in the Office of the Town Administrator and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the Office of the Town Administrator during the regular business hours of such office until the close of business of such office on the twelfth day prior to the date of the Annual Municipal Election by completing such forms as may be provided by the Town.

(i) The town of Blades will accept absentee ballots in accordance with the Delaware Code, Title 15, Chapter 75, Subchapter V.

77 Del. Laws, c. 299

Section 8. Organization and Annual Meeting of Council

(a) Before entering upon tile duties of their respective offices. the Mayor elect, and the Councilman elect, shall be sworn by a Notary Public to perform faithfully and impartially the duties of their respective offices with fidelity. At 7:00 o'clock p.m. at the first regular meeting following the annual election, the Mayor and Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity as aforesaid.

(b) At this annual meeting, held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect, by open vote or ballot, a Vice-President, who shall hold office for the term of one year, or until his Successor shall be duty elected. The Town Council shall also choose an Administrative Assistant to serve until the first regular meeting after the next Annual Municipal Election, who may or may not be from among their own number and such other officers and employees as may be determined to be necessary.

Section 9. Regular and Special Meetings

(a) The Town Council of The Town of Blades shall hold one meeting in each month on the second Monday of the month. Special meetings shall be called by the Secretary upon the written request of the Mayor of The Town of Blades, or upon the written request of any two members of the Town Council of The Town of Blades, stating the day, hour and place of the special meeting requested and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the Town Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary must be deposited in the United States mail in the main Post Office of The Town of Blades at least forty-eight (48) hours before the time of such special meeting; provided that a written waiver of such notice, signed by the Mayor of The Town of Blades and by all members of the Town Council prior to or immediately upon the convening of such special meeting, shall make such written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in such waiver, and the transaction of any other business at the meeting, if the waiver so states. The Secretary shall post or cause to be posted in three (3) public places within the corporate limits of The Town of Blades at least forty-eight (48) hours before the time of the special meeting notice of the special meeting, setting forth the day, hour and place of such special meeting and the subject or subjects to be considered thereat; Provided, however, that no such notice shall be required if a written waiver of notice be signed by the Mayor of The Town of Blades by all the members of the Town Council prior to or immediately upon the convening of such special meeting.

77 Del. Laws, c. 299

(b) The town council may hold emergency meetings, at the request of the Mayor of The Town of Blades, in cases where said meeting is necessary for the immediate preservation of the public peace, health, or safety. Emergency meeting notice shall follow any notice requirements denoted by the Freedom of Information Act of the Delaware Code, as amended from time to time.

Section 10. Quorum

A majority of the members elected to the Town Council shall constitute a quorum at any regular or special meeting; but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

Section 11. Rules and Minutes of Council

The Council shall determine its own rules and order of business and shall keep a journal of its proceedings and the yeas and nays shall be entered in the journal with the text of the ordinance or resolution.

Section 12. Vacancies

If any vacancy shall occur in the office of Mayor or Councilman, by death, resignation, loss of residence in The Town of Blades, refusal to serve, failure to elect, or otherwise, the same may be filled by a majority vote of the remaining members of the Town Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members, and shall hold office for the remainder of the unexpired term.

Section 13. Disqualifications

If any Councilman or Mayor, during his term of office, shall be found guilty of any crime or misdemeanor and sentenced to imprisonment, for any term whatever, or shall for any reason cease to be resident of said Town, he shall forthwith be disqualified to act as a member of Council or Mayor, and his office shall be deemed vacant and shall be filled by Council, as aforesaid. Councilpersons and/or the Mayor shall be disqualified to act as a member of Council or Mayor in the event that he or she has six or more unexcused absences from regular council meetings within a twelve-month period.

Section 14. Contracts

(a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Five Hundred Dollars ($500.00) for materials, supplies, work or labor for the benefit and use of The Town of Blades with any member of the Town Council or the Mayor or with any partnership in which any member of the Town Council or the Mayor is a general partner or with any corporation in which any member of the Town Council or the Mayor is a director or controlling stockholder or with any firm or company which any member of the Town Council or Mayor is pecuniarily interested, provided that if all the other elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null and void.

(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder; PROVIDED, HOWEVER, that competitive bidding shall not be required in any of the following circumstances:

1. The aggregate amount involved is not more than Two Thousand Dollars ($2,000.00);

2. The purchase or contract is for personal or professional services;

3. The purchase or contract is for any service rendered by a university, college or other educational institution;

4. The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision thereof;

5. The purchase or contract is for property or services for which it is impracticable to obtain competition;

6. The public exigency as determined by the Town Council will not permit the delay incident to advertising;

7. The purchase or contract is for property or services for which the Town Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competition;

8. A public emergency as determined by the Town Council exists.

Section 15. Duties of Mayor and President of Town Council

(a) The Mayor of The Town of Blades shall be President of the Town Council and shall preside at all meetings thereof, but shall vote only in the event of a tie. He shall appoint all committees.

(b) The Mayor may for any reasonable cause, by and with the consent or upon the address of a majority of all members of the Council, remove from the office, any person appointed by him or by any of his predecessors. The person against whom the Mayor or the Council may be about to proceed shall receive five days notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and a fair hearing, if such a request is received by the Mayor by registered mail with return receipt requested ten (10) days following the date that notice of removal is received by such person.

(c) The Mayor may appoint such other committees as he deems necessary for the proper administration of The Town of Blades or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act.

(d) It shall be the duty of the Vice-President of the Town Council, in the absence of the Mayor to preside at all of the meetings of the Town Council and in the event of the absence of the Mayor to perform such other duties and have such other Powers of the Mayor as are prescribed by the Charter of the Town of Blades or by any ordinance of the Council.

Section 16. Town Administrator

(a) The Mayor of The Town of Blades, by and with the advice of a majority of all the elected members of the Town Council, shall appoint a Town Administrator who shall be the Chief Administrative Officer of the Town.

(b) The Town Council shall impose such qualifications for Town Administrator as may be deemed necessary; PROVIDED, HOWEVER, that no person holding the Office of Mayor of the Town of Blades, or the Office of Town Councilman nor shall any parent, child, brother or sister of the Mayor or Councilman of the Town of Blades be appointed Town Administrator during the term of office of such Mayor or Councilman.

(c) The Town Administrator shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Town Council. In the event of a tie, the Mayor of the Town of Blades shall cast the deciding vote. At least thirty (30) days before such removal shall become effective, the Town Council shall, by a majority vote, adopt a preliminary resolution stating the reasons for removal. The Administrator may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor more than thirty (30) days after the filing of the request. The request for a public hearing by the Administrator shall be by registered or certified mail with return receipt requested and shall be addressed to the Mayor of The Town of Blades. After such public hearing, if one be requested, the Town Council, by a majority vote, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Administrator from duty, with or without salary during the period of suspension, but shall cause to be paid to him any part of his salary which is due and owing at the time of suspension. If no public hearing is requested, the Town Council, at the expiration of thirty (30) days from the date of the preliminary resolution, shall adopt a final resolution either reinstating the Administrator or terminating his employment. For all purposes of this Section, in the event of a tie vote, the Mayor of the Town of Blades shall cast the deciding vote. All members of the Town Council of The Town of Blades who are entitled to vote and who are present shall vote for or against the removal of the Administrator.

(d) The Town Administrator shall give bond with a corporate surety acceptable to the Town Council in an amount determined by the Town Council to be adequate conditioned upon the faithful performance of his duties, the payment to the Town of Blades of all money coming into his hands as Town Administrator from whatever source derived, and in the event of death, resignation, or removal from office, the delivery to his successor of all papers, books, records and other property of the Town of Blades in his hands or under his control. The expense of the bond shall be paid by The Town of Blades.

(e) The Town Administrator shall receive as compensation for his services an annual salary to be fixed from time to time by a resolution of the Town Council, payable in weekly installments.

(f) The Town Administrator shall attend all meetings of the Town Council and shall act as Secretary thereof, keeping proper and adequate minutes of its acts and proceedings. The Town Administrator shall be in attendance at his office on such days and between such hours as may be directed by the Town Council.

(g) The Town Administrator shall keep a record of all officers, agents and employees of the Town, when elected or appointed, the term of office or employment, and the salary or compensation thereof.

(h) The Town Administrator shall keep the assessment books and tax records of the Town with the names of the taxpayers arranged alphabetically showing the tax, a short description of the property, its assessed valuation, and all other assessments and charges due the Town.

(i) The Town Administrator shall collect all taxes, license fees, water rentals, sewer charges and all other money due to be paid to the Town pursuant to the provisions of this Charter or any amendment thereto, or as prescribed by any ordinance or resolution of the Town Council and he shall keep separate, complete and accurate records of all funds received and due to be paid to the Town.

(j) The Town Administrator shall act as Treasurer of The Town of Blades and shall promptly deposit in such bank or trust company designated by resolution of the Town Council all funds received by him and as may be directed by resolution of The Town Council, keep and maintain separate accounts for funds received from the payment of taxes, license fees, water rentals, sewer charges, or otherwise. He shall keep a full and complete record of all disbursements made by him.

(k) The Town Administrator shall make such appointments and hire such employees at such compensations as the Town Council may from time to time determine. All employees shall be hired for an indefinite term and may be removed by the Town Council at any time.

(l) It shall be the duty of the Town Administrator to supervise the administration of the affairs of the Town under his charge and to make such reports to the Town Council as are required by it. He shall make such recommendations to the Town Council concerning the affairs of the Town as may seem to him desirable. He shall keep the Town Council advised of the financial condition of the Town and of its future needs. He shall prepare and submit to the Town Council the annual budget estimate.

(m) In conjunction with the Mayor of The Town of Blades, the Town Administrator shall sign all checks pursuant to appropriations or resolutions made by the Town Council. In the absence of either the Mayor or the Town Administrator, the Vice-President of the Town Council shall sign checks.

(n) The Town Administrator shall prepare and submit to the Town Council such reports as may be required by that body and shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Town Council.

(o) In case of the absence or disability of the Town Administrator, the Town Council may designate some qualified person to perform the duties of such office during his absence or disability.

Section 17. Administrative Assistant

The duties and powers of the Town Administrator as hereinbefore prescribed shall devolve upon the Administrative Assistant in the absence or inability of the Town Administrator. The Administrative Assistant shall likewise perform such other duties and have such other powers as may be prescribed by resolution by the Town Council of The Town of Blades, and shall receive such compensation as the Town Council by resolution shall determine.

Section 19. Power to Borrow Money and Issue Bonds

The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the payment thereof on the faith and credit of The Town of Blades, to provide funds for the erection, the extension, the enlargement, the purchase or the repair of any plant, machinery, appliance, or equipment, for the supply, or the manufacture and distribution of electricity or gas for light, heat or power purposes, for the furnishing of water to the public; for the construction, repair or improvements of highways, streets, or lanes, or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of The Town of the cost of any permanent municipal improvements; provided, however, that the borrowing of money therefor shall have been authorized by the Town Council and shall have been approved by the electors in the manner and at the time following:

(a) Council by resolution shall propose to the electors of the Town by resolution that a stated amount of the money shall be borrowed for any of the above purposes. The resolution shall state the amount of the money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and other pertinent facts relating to the loan which are deemed pertinent by the Town Council and in their possession, and shall fix a time and place for hearing on the said resolution.

(b) Notice of the time and place of the hearing on the resolution authorizing said loan shall be printed in a newspaper having a general circulation in the City and or, in the discretion of the Town Council, distributed in circular form at least one week before the time set for said hearing.

(c) A second resolution shall then be passed by Council ordering a special election to be held not less than thirty days and not more than sixty days after said hearing to borrow the said money, for the purpose of voting for or against the proposed loan. The passing of the second resolution calling the special election shall thereafter be considered Council's determination to proceed in the matter in issue.

(d) The notice of the time and place of holding the said special election shall be printed in two issues of a newspaper having a general circulation in The Town of Blades within thirty days prior to the election, and or distributed in circular form at least fifteen days prior to the election or both at the discretion of the Council.

(e) At the special election, every owner of property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In the case of property owned jointly by husband and wife, the husband and wife shall each have one (1) vote. In the case of all other property owned by more than one property owner either as tenants in common or as joint tenants with the right of survivorship, the vote shall be cast by either tenant in common or by either joint tenant who first presents himself at the polls.

(f) The Town Council shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election.

(g) The Mayor shall appoint three (3) persons to act as a Board of Special Election to conduct the Special Election.

(h) The Board of Election shall count the votes for and against the proposed loan; and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and shall deliver the same to the Council, which said certificates shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council.

(i) The form of bond or certificate of indebtedness, the interest rate, the time of payment of interest, the classes, the time of maturity, and provisions as to the registration shall be determined by the Council after said public hearing. The bonds may be sold at either public or private sale as determined by the Town Council. The Council may provide, in its budget. and in fixing the rate of tax, for the payment of interest and principal of said bonds at the maturity or maturities thereof, a sinking fund therefor. The full faith and credit of The Town of Blades shall be deemed to be pledged for the due payment of the bonds and interest thereon issued under the provisions hereof, when the same have been properly executed and delivered for value, and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness whether incurred before or after the passage of this Act.

(j) The bonded indebtedness shall not at any time exceed in the aggregate the total sum of Twenty-five per centum (25%) of the value of the real property situate within the limits of the Town as shown by the last assessment preceding the creation of the said indebtedness.

In the event The Town of Blades should construct or acquire any plant, machinery, appliance, or equipment for the supply of electricity or gas for light, heat or power purposes to the outlying communities provided that this authority shall not exceed a distance of One Mile beyond the limits of said Town as set forth herein or as extended by annexation as herein provided, and provided that such extension will not incur indebtedness in excess of the bonded limit of said Town and to do all things necessary to carry out this authority.

Section 20. Town Solicitor

At the first regular meeting following the Annual Election, The Town Council of the Town of Blades shall re-elect and appoint a Town Solicitor. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware with offices in Sussex County. It shall be his duly to give legal advice to the Mayor and the Town Council and other officers of the Town and to perform such other legal services as may be required by the Town Council.

Section 22. Police Force

(a) It shall be the duty of the Town Council to appoint a Police Chief, who will hire a police force using procedures approved by council. The Town Council shall, from time to time, make rules and regulations as may be necessary for the organization, government, and control of the Police Force. The Chief of Police and the members of the Police Force shall be subject to the direction of The Town Council and may be removed by the Town Council at any time. They shall preserve peace and order, and shall compel obedience within the corporate limits and within One (1) mile outside the corporate limits to the ordinances of the Town and the laws of the State of Delaware. They shall have such other duties as the Town Council shall, from time to time, prescribe.

(b) Each member of the Police Force shall be vested, within One (1) mile of the corporate limits of The Town of Blades, with all the powers and authority of any Constable of Sussex County and in the case of a pursuit of an offender their power and authority shall be without territorial limitations.

(c) Every person sentenced to imprisonment shall be delivered by a member of the Police Force to the County Jail of Sussex County, or to the lockup of the Town. to be there imprisoned for the term of the sentence.

(d) It shall be the duty of the Police to suppress riotous, disorderly or turbulent assemblage of persons in the streets of the Town, or the noisy conduct of any person in the same, and upon view of the violation of any ordinance of the Town relating to the peace and good order thereof, the Police shall, in accordance with the laws of the state of Delaware, have the right and power to arrest without warrant and to take the offender before any Justice of the Peace in Sussex County for hearing thereon.

Section 23. Assessor

(a) At the first regular meeting following the Annual Municipal Election, it shall be the duty of the Town Council to enter into a contract for a specified term with an Assessor who is licensed by the State of Delaware. The Assessor shall be over the age of twenty-five (25) years.

(b) The term of office of the Assessor shall be one year and shall expire on the date of the first regular meeting of the year succeeding his appointment.

(c) He shall be sworn or affirmed by the Mayor of The Town of Blades to perform his duties with fidelity and without favor. It shall be his duty to make a fair and impartial assessment of property and persons subject to taxation situated within the Town and to perform such other duties in reference thereto as shall be prescribed, from time to time, by the Town Council.

(d) The compensation to be by him received for the performance of his duties and the hiring of employees to assist him in the performance of his duties shall be fixed by and subject to the approval of the Town Council.

Section 24. Assessment of Taxes

(a) Upon appointment, the Assessor shall make a just, true and impartial annual valuation and assessment of all real estate within the Town of Blades. This assessment shall be of the real property of each resident within the limits and territory of the Town of Blades and also of non-residents who own real property within the limits and territory of the Town of Blades. The Assessor shall assess and make a fair and impartial assessment as required by the Charter and by any ordinance adopted by the Blades Town Council pursuant to this Charter. The Town Council may adopt as the annual assessment for the Town of Blades the assessment for real estate and improvements located thereon as compiled by the Board of Assessment of Sussex County, if in their judgment, they consider said Sussex County Assessment to be proper and fair.

(b) The Assessor, after making such annual assessment, shall at the first regular meeting in September, aforesaid, deliver to the Town Council, a list containing the names of all persons assessed and the amount of the assessment against each. He shall also deliver at such time as many copies of said list as the Town Council shall direct.

(c) The assessment list shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the administrative processing fee shall appear in separate columns of spaces. In making his assessment, the Assessor shall make his valuation accordingly.

(d) The real property of the Assessor, if a resident of the Town of Blades, shall be assessed by an impartial Assessor.

(e) Immediately upon receiving the annual assessment list from the Assessor, the Town Council shall cause a full and complete copy of the same containing the amount assessed to each taxable to be hung up in a public place in The Town of Blades, and there it shall remain for a period of at least ten (10) days for the information of and examination by all concerned. Also during years of reassessment, in five or more public places in said Town shall be posted notices advising all concerned that, upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the annual assessment list and notice, between the hours of one o'clock p.m. and five o'clock p.m., the Town Council will hold a Board of Appeals, at which time and place they shall hear appeals from the said annual assessment. The decision of the Town Council and appointed assessor, sitting as a Board of Appeals, shall be final and conclusive and the said Town Council shall revise and complete said assessment at this sitting. No councilman shall sit upon his own appeal but the same shall be heard and determined by the other members of the Town Council

(f) The Assessor shall be present on the day fixed for hearing appeals and shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect to any assessment from which an appeal has been taken. The Town Council shall have authority to enforce his attendance by appropriate process. The Assessor shall have no voting power at the Board of Appeals hearing(s) and shall be present only in an advisory capacity.

Section 25. Levy of Annual Taxes

(a) At the Annual Budget Meeting, after having revised and completed the assessment, the Town Council shall determine to their best judgment and knowledge the total amount necessary to be raised by the Town to meet all fixed and anticipated expenses and obligations of the Town, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies; PROVIDED, HOWEVER, that for the period from the end of the present fiscal year until December 31, 1970, the Town Council shall use the same assessment and tax rate and shall prorate the amount of taxes due for the period from the end of the present fiscal year until December 31, 1971; AND PROVIDED, FURTHER, that the Town Council of the Town of Blades shall employ the procedures, of this Section in levying taxes to be paid for the period beginning January 1, 1971, and ending December 31, 1971, and for each fiscal year thereafter. The fiscal year is to coincide with the calendar year.

(b) It shall then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.

The Town Council shall then proceed to determine, assess, fix and/or levy the following:

1. The rate of tax on real estate and on improvements located thereon per $100 of assessed value; and/or;

2. The amount of the administrative processing fee for collection of taxes on each property;

3. The rate of tax upon all poles, constructions, erection, wire and appliances more particularly mentioned or intended so to be, in Section 27 (32) of this Charter, as amended; and/or;

4. The rates to be charged for the supplying of water, sewer service, and other utility services and the several amounts thereof;

5. The several license fees to be charged for carrying on or conducting of the several businesses, professions, or occupations more particularly mentioned, or intended so to be in Section 27 (33) of this Charter, as amended; and/or;

6. The fees or rates to be charged in respect of any other authorized source of revenue sufficient in their best judgment and estimation to realize the amount to be raised from each such source determined by them to be used, as aforesaid; provided, however, that sources "3", "4" and "5" and this paragraph aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Council as it, in its own proper discretion, shall determine.

(c) Immediately after the first regular meeting in November of each and every year, the Town Council shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources a, b, and c, above mentioned. This list shall be known as the annual tax list of The Town of Blades. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate and upon improvement located thereon per $100 of assessed value thereof.

(d) The Town Council shall cause to be delivered to the Town Administrator a duplicate of said annual tax list, and the Town Administrator shall immediately proceed to collect the same as hereinafter provided.

(e) Nothing contained in this Charter shall be construed to effect or impair in any way the validity of any tax, fee, assessment, or other charge lawfully levied, assessed, or due the Town of Blades under existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in The Town of Blades created hereby.

Section 26. Collection of Annual Taxes

(a) The Town Administrator, as soon as the Town Council shall have placed in his hands the duplicate annual tax list, shall proceed at once to collect the taxes on said duplicate list.

(b) All taxes so levied or imposed by the Town of Blades in such annual tax list, shall be and constitute a lien upon all the real estate of the taxable against or upon whom such taxes are laid or imposed, of which such taxable was seized, at any time after such taxes have been levied and imposed, that is situated in The Town of Blades. Such lien shall have preference and priority to all other such liens on real estate or upon improvements located thereon created or suffered by said taxable although such other lien or liens be of a date prior to the time of the attaching of such lien for taxes; provided, that the lien for such Town taxes shall remain a lien for a period of ten (10) years from the date upon which the Town Council shall deliver unto the Town Administrator the tax list therefor. If such real estate remains the property of such person or persons who owned it at the time the tax was laid, then the lien shall not be extinguished until the tax is collected

(c) All taxes shall be paid to the Town Administrator of The Town of Blades, and all taxes shall be due and payable to the town of Blades on January 31st for the upcoming calendar year.

(d) In the collection of said taxes, the said Town Administrator shall, on all taxes paid on or after the first day of January and on or before the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Administrator, there shall be no deduction or abatement. On all taxes paid after the last day of January next succeeding the delivery of the annual duplicate tax list to the Town Administrator, there shall be added an amount equal to one per centum (2%) per month for each and every month such taxes shall remain unpaid and shall be collected in the same manner as the original amount of the tax.

The Town Council may impose an administrative processing fee for the collection of taxes on each property within the limits of the Town; said administrative processing fee shall not exceed fifty dollars ($50.00) and shall be determined by the Town Council. Said administrative processing fee, in the case of both resident and non-resident real estate owners, shall be in addition to the assessment levied on the real estate so owned by and assessed against the property or household.

Section 27. Enumeration of Powers

Not by way of limitation upon the power vested in the Town Council to exercise all powers delegated by this Charter to the municipal corporation except as may expressly appear herein to the contrary, but, rather, by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, to be exercised by said Town Council in the interest of good government and the safety, health and welfare of the Town, its inhabitants and affairs that is to say:

1. To prevent vice, drunkenness and immorality.

2. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the Town and its inhabitants.

3. To prohibit all gaming and fraudulent devices.

4. To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games.

5. To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipe line, or portion thereof, in the Town; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of the State of Delaware or Delaware Department of Transportation (DELDOT) for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway, or other highway within the Town.

6. To establish and regulate pounds and to restrain, prohibit and empound any domestic or wild animal, beast, bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs and to regulate the keeping of livestock, poultry and dogs.

7. To locate, regulate, license, restrain or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water closets and any businesses or buildings or conditions detrimental to the public health or constituting a public nuisance or of an offensive or noxious nature.

8. To purchase or otherwise acquire, or to construct, lay out, fence and maintain one or more cemeteries within the corporate limits of The Town of Blades and to use or permit the use thereof for the burial of human beings.

9. To enforce the removal of snow, ice, dirt or other foreign substance from sidewalks and gutters by owners or abutting owners.

10. To prohibit, remove, or regulate the erection and maintenance of any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post, or any other erection of projection in, over, upon or under any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the Town.

11. To define, prevent, abate or remove nuisances, obstructions or any condition detrimental to the public safety, health or welfare.

12. To provide an ample supply of pure water for The Town and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control, and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to regulate and prescribe for what private or public purposes the water furnished by the municipal corporation may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or equipment of the Town; to furnish, or refuse to furnish, water from the Town system to places and properties outside the Town limits; and to contract for and purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the municipal corporation itself.

13. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; to regulate and prescribe for what private or public purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the Town system to places and properties outside the Town limits; in the interest of the public's health, to compel any and all properties in the Town to be connected to the sewer system of the Town and to contract for and purchase sewer disposal service and to resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefor of the municipal corporation itself.

14. To provide, construct, extend, maintain, manage and control a plant and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the Town and for lighting the streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the Town, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessary properly to light the Town, and to furnish proper connections for electric current and gas to the properties of the inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the municipal corporation may be used, the manner of its use, the amount to be paid by the users thereof, the mains whereby such amounts shall be collected and the fines or penalties or both, for any willful or negligent injury or damage to or interference with the electric or gas system or systems to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to user within or without the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the municipal corporation itself.

15. To fully control within the Town the drainage of all water and, to that end, to alter or change the course and direction of any natural water course, runs or rivulet within the Town, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct, extend, maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the Town.

16. To provide, construct, extend, maintain, manage, and control jetties, bulkheads, embankments, flood gates, piers, boardwalks, or fills for the preservation of any strand or highland within the limits of the Town or contiguous thereto, to the end that the same may be preserved, property protected and the general public might enjoy the use thereof.

17. To grant franchises or licenses to any responsible person, firm, association or corporation, for such period of time, upon such terms, restrictions, stipulations and conditions and for such considerations as the Town Council shall deem wise, to use the present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, and other public places of the Town for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, railroad excepting railroads or railways engaged in interstate commerce, bus, taxi or other transportation, carrier or public service to the Town and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof, and for the purpose of erecting wharves and piers, and for the purposes of vending any article of merchandise or service upon, or from any vehicle upon any such present and future street, highway, lane, alley, etc.; provided, that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association or corporation whomsoever.

18. To regulate and control the exercise of any license or franchise mentioned in Section 27 (17) of this Charter or intended so to be.

19. To direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees.

20. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.

21. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.

22. To regulate, control or prevent the use of storage of gunpowder, fireworks, tar, pitch, resin and all other combustible materials and the use of candles, lamps and other lights in stores, shops, stables and other places; to suppress, remove or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fire.

23. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the Town; and make particular provisions for particular zones of districts with regard to building or building materials; and, generally to exercise all the powers and authorities vested in the legislative body of cities and incorporated towns under and by virtues of

22 Del.C. §301 et seq.

24. To acquire, build, erect and maintain a suitable place as a lock-up or jail for the Town which shall be used as a place of detention for persons convicted of violation of law or ordinance, or for the detention of persons accused of violation of law or ordinances for a reasonable time, in cases of necessity, prior to hearing and trial; and to provide for the restraint, support, and employment of paupers, beggars and vagrants; provided, that the jails of Sussex County may be used for any such purpose, in which event the Town shall pay for the board of persons committed thereto for violations of ordinances of the Town which are not violations of any general law of the State.

25. To acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping offices of the Town.

26. To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, beanshooters, and any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or prevent the use of fireworks, bombs and detonating works of all kinds.

27. To provide for the punishment of a violation of any ordinance of the Town by fine or imprisonment, or both, not exceeding One Thousand Dollars ($1000.00) or sixty (60) days, and for working any person sentenced to such imprisonment or any person who shall refuse to so work when ordered.

28. To provide for the organization of a fire department and the control and government thereof; to establish fire limits and do all things necessary for the prevention of extinguishment of fires; and, in their discretion, to contribute, donate or give an amount or amounts, not to exceed in the total during any given fiscal year, three per centum (3%) of the total taxes levied on real estate, unto any Volunteer Fire Company or Companies incorporated under the Laws of Delaware, or any Volunteer Fire Association or Associations maintaining and operating fire fighting equipment and service to the 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.

29. To purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the Town and to sell the same.

30. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon, except lands belonging to the Town.

31. To levy and collect an administrative processing fee for the collection of taxes from all properties, to be used to offset the cost to the town of collecting said taxes.

32. To levy and collect taxes upon all telephone, telegraph, power poles, pipe lines, rail lines or other constructions or erections of a like character erected within the limits of the Town, together with the wire or other appliances thereto or thereon attached, expressly excepting all telephone, telegraph, power lines, or poles and rail lines owned or operated by any railroad or railway company engaged in interstate commerce for any and all purposes, and to this end may at any time direct the same to be included in or added to the Town Assessment. In case the owner or leasee of such constructions or erections, wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies for the collection thereof set forth in Section 29 of this Charter, the Town Council shall have authority to cause the same to be removed.

33. To license, tax and collect fees annually for any and all municipal purposes (including the cost and expense of advertising the Town) 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; provided, however, that nothing herein shall be so construed as to make it mandatory upon any resident of the State to apply for a license in order to sell in the Town any farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.

34. To determine from which authorized sources and in what proportions taxes shall be levied and used each year to raise the revenue or funds required to meet the general expenses of the municipal corporation and all funding, amortization and interest requirements on its outstanding bonds or other indebtedness.

35. To provide for the collection of and disbursement of all monies to which the Town may become entitled by law, including licenses and fines, where no provision for the collection and disbursement thereof is otherwise provided in the Charter.

36. To borrow money in the name of the Town for any proper municipal purpose, and in order to secure the payment of the same, to issue bonds or other kinds or forms of certificate or certificates of indebtedness, pledging the full faith and credit of the Town or such other security or securities as the Town Council shall select, for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town shall be exempt from all State, County or municipal taxes; provided, that in no event shall the indebtedness of the Town, for any and all purposes, at any one time exceed in the aggregate twenty-five per centum (25%) of the assessed value of all real estate in the Town subject to assessment for the purpose of levying the annual tax hereinbefore mentioned.

37. To acquire, and/or vacate the use of, lands, tenements, personality, property, easements, rights of way, or any interest in property, either within or without the limits of the Town, by way of condemnation and eminent domain, for any proper and lawful municipal purpose or whenever required properly to carry out, exercise or fulfill any power conferred upon or delegated to the municipal corporation by the Charter. Proceedings by way of condemnation in any such case shall be the same or prescribed hereafter in Section 32 of this Charter for the opening and laying out of new streets or the vacating or abandoning of old streets and the resolutions referred to in said Section 32 shall be changed and modified to cover any case contemplated hereby.

38. To appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency.

39. To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge or other amount due the Town by the performance of labor or service for the Town by any person owing the same.

40. To inquire into and investigate the conduct of any office, officer, agent, or employee of the Town or any municipal affair, and for any such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and production of books, papers or other evidence by summary process.

41. The Town Council may, by ordinance duly adopted in accordance with this Charter, establish a pension plan or a health and welfare plan, or both, for the employees of The Town of Blades under such terms and conditions as the Town Council, in its discretion, deems most appropriate; provided, however, that any annual appropriation which is made by The Town of Blades under any such pension plan or health and welfare plan, or both, shall not exceed a maximum of fifteen percent (15%) of the total annual payroll of The Town of Blades and provided further that the method of funding may, if deemed advisable by the Town Council, be handled through a recognized insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of Town Council.

42. To make, adopt and establish all such ordinances, regulations, rules, and by-laws not contrary to the laws of this State and the United States, as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the Town, the protection and preservation of persons and property and of the public health and welfare of the Town and its inhabitants; provided, 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 Town, but as well to all areas and persons outside the Town within one mile from said limits.

43. a. The Town Council of the Town of Blades, in addition to the powers now conferred, shall have the power and authority by ordinance or ordinances to levy, assess and collect or provide for the levying, assessment and collection of such taxes as shall be determined by the Town Council for the Town of Blades to be paid by the transferor or transferee upon the transfer of real property or any interest in real property, situated within the corporate limits of the Town of Blades, Delaware, regardless of where the instruments making the transfers are made, executed or delivered or where the actual settlements on such transfers occur; provided, however, that no tax levied under this section shall exceed the maximum allowance allowable by state law; and provided further that no tax shall be levied upon an organization exempted from ad valorem real estate taxes.

b. No ordinance or ordinances providing for a tax on the transfer of real property or any interest in real property authorized under this section shall become effective unless it receives an affirmative vote of two-thirds of all the elected Town Council Members of the Town of Blades.

c. If the taxing power authority granted under this section shall be exercised by way of a stamp affixed to a document presented for recording, the Recorder of Deeds in and for Sussex County shall not receive for record any documents subject to said tax unless such stamps are affixed thereto.

d. The Town Council of the Town of Blades may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax adopted pursuant to the provisions of this section.

e. This Act was approved by a majority of the qualified voters of the Town of Blades at a Special Election which was held on February 17, 1997.

Section 28. Town Budget

(a) The fiscal year of The Town of Blades shall be from January I to December 31; PROVIDED HOWEVER, that for the period from the end of the present fiscal year until December 31, 1970, the Town Council of The Town of Blades shall provide a prorated budget.

(b) Annually each year and not later than November 1, the Town Administrator shall prepare a rough draft of a Town Budget. From this rough draft, the Town Council shall, not later than December 15 of each year, prepare the Town Budget containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year.

(c) The Budget shall contain the following information:

1. A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing fiscal year.

2. The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof.

3. The amount of the debt of the Town, together with a schedule of maturities of bond issues.

4. An itemized statement of all other estimated expenses to be incurred in the affairs of the Town.

5. A statement of the amount required for interest on the bonded debt, the amount necessary to pay any Bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds."

6. An estimate of the, amount of money to be received from taxes, assessments and all other anticipated income of the Town from any source or sources whatsoever.

(d) The Town Council shall, so far as possible, adhere to the, budget of the Town so adopted in the making of appropriations.

Section 29. Remedies for Collection of Taxes, Assessments and other Charges

(a) A remedy by distress as now prescribed by law is hereby preserved to the Town Administrator for the collection of any taxes, assessments, license fees, warrants or other charges for which he may be responsible.

(b) At any time after the delivery of the duplicate annual tax list or warrant or any other list of charges due The Town of Blades, the Town Administrator may institute suit in the name of The Town of Blades before any Justice of the Peace or Court of the State of Delaware, in any of the Counties of the State, for the recovery of the unpaid tax, assessment. license fee, or other charge, in an action of debt, and upon judgment obtained, may issue Writs of Execution as in case of other judgments recovered before a Justice of the Peace.

(c) The said execution shall constitute a lien upon all the personal property of the taxable within the County where the judgment shall have been obtained, which by virtue of such execution shall be levied upon within thirty (30) days after issuance thereof, and such lien shall have priority over all other liens against said personal property created or suffered by the taxable, except such liens thereon which may have been created in respect to County Taxes, although such other liens be of date prior to the time of the attachment of the said tax liens.

(d) Any time after the delivery of any such duplicate annual tax list, assessment list, or warrant, or other lists containing charges due the Town, the Town Administrator may notify, in writing, the person, firm or corporation by whom any taxable is employed that the tax, assessment, license fee, warrant, or other charge of said employee is due and unpaid. The notice shall be signed by the Town Administrator and shall contain the correct name of the taxable as it appears upon any such list, the amount of the tax, assessment or other charge due with penalties and interest asked, if any. Thereupon it shall be the duty of the employer to take from the wage, salary or other money then due the taxable the amount of the tax, assessment, license fee, warrant, or other charge. together with penalties and interest added, if any owing, from the employee, and charge the same against him and to pay the same to the Treasurer within ten (10) days. The Town Administrator shall give to the employer a certificate of payment which shall be allowed in any suit or accounting between the employer and taxable. If the employer be notified as aforesaid and having in his hands money belonging to the taxable shall neglect or refuse to comply with the provisions hereof. such employer shall become personally liable for the amount of the tax, assessment, license fee, warrant or other charges, together with penalties and interest due thereon, if any of the persons as to whom notice was given and the amount thereof may be recovered from such employer in an action of debt before any Justice of the Peace, or Court of State of Delaware, as aforesaid. This process shall be deemed to be in the nature of a garnishment proceeding.

(e) The Town Administrator may make a complaint under oath before any Justice of the Peace, that the tax of any taxable is due and unpaid and that he has been unable to make collection of the tax, assessment, license fee, warrant or other charge by any of the methods for the recovery of taxes prescribed by this Charter, and thereupon a warrant shall be issued for the arrest of such taxable and if, after hearing it shall be found that the tax, assessment, license fee, warrant or other charge of the person arrested is due and unpaid, and if the taxable shall thereon fail to pay the tax, assessment, license fee, warrant or other charge together with accrued costs, he shall be committed to the jail of Sussex County, or Town lock-up until the tax, assessment, license fee, warrant, penalty, cost and charges are paid, but in no event shall the term of his imprisonment exceed thirty (30) days.

(f) For the purpose of collecting the tax. assessment, license fee, warrant, rent or any other charge due the Town from any taxable, and without the necessity of first employing the other remedies herein provided the Town Administrator is empowered to sell the lands and tenements of the taxable or the lands and tenements of a taxable, alienated, subsequent to the levy of the tax, assessment,. license fee, warrant, rent or other charge.

(g) The Town Administrator shall present to the Superior Court of Sussex County a petition which shall state

1. The name of the taxable, assessee or licensee.

2. The year for which the tax, assessment., license, or other charge was levied

3. The rate of the tax, assessment, license or other charge.

4. The total amount due.

5. The date from which the penalty for nonpayment, if any, shall commence and the rate of such penalty.

6. A short description of the lands and tenements proposed to be sold sufficient to identify the same.

7. A statement that a bill of said tax. assessment, license, or other charge has been mailed to the taxable that he will proceed to sell the lands and tenements of the taxable for the payment of the tax, assessment, license, warrant, rent or other charge due the Town, and the date of such mailing.

8. That it has been found impractical to attempt to collect the said tax, assessment, license, rent or other charge, by any other remedy hereinbefore provided.

(h) At least ten (10) days prior to the filing of any such petition, the Town Administrator shall deposit in the mail. in a sealed and stamped wrapper and requiring a return registered receipt, addressed to the taxable at his last known address. an itemized statement of the tax, assessment, license warrant. or other charge due the Town, together with all penalties and costs then due thereon, together with a notice to the taxable that he shall proceed to sell the lands and tenements of the taxable for the payment of the tax, assessment, license, warrant or other charge due the Town. The Town Administrator shall exhibit the return registry receipt to the Court by filing the same with the petition.

(i) The petition shall be filed by the Town Administrator and shall be verified before a Notary Public.

(j) Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Court and shall endorse upon said record of said petition, the following:

"This petition filed the _______________ day of _______________, A.D. (giving the day and year), and the Town Administrator of The Town of Blades shall therefore proceed to sell the lands and tenements herein mentioned or a sufficient part thereof, for the payment of the amount due," which endorsement shall be signed by the Prothonotary.

(k) The Town Administrator shall then proceed to advertise the lands and tenements of the taxable by posting handbills in at least five (5) public places in The Town of Blades (one of which shall be posted on the premises) and publishing the notice of said sale in a newspaper published in Sussex County. The notice shall contain the day, hour and place of sale and a short description of the premises sufficient to identify the same. The notice shall be posted at least ten (10) days before the day fixed for the sale and shall be published in the newspaper at least one week before the day of sale.

(l) Each sale of lands and tenements shall be returned to the Superior Court, aforesaid, at the ensuing term thereof following the sale. At the return of said sale the Court shall inquire into the circumstances and either approve or set aside the sale. No sale shall be approved by the Court if the owner be ready at the Court to pay the taxes, assessment, license fee, rent or other charge due the Town, together with penalty, interest and costs, if any. If it set aside the sale, the Court may order another sale and so on until the tax, assessment, license fee, or other charge due is collected.

(m) If the sale shall be approved by the Court, then at the expiration of one year from the date of the sale (which shall be known as the redemption year) the Town Administrator shall be responsible to ensure that a deed is made, executed and delivered to the purchaser, his heirs or assigns, which shall convey the title of the taxable, licensee or assessee, as the case may be: PROVIDED, HOWEVER, that within the redemption year, the owner, his heirs or assigns, shall have power to redeem the lands on payment of the costs, the amount of the purchase money and twenty per cent interest thereon to the purchaser, his heirs or assigns. If the purchaser refuses to accept the same or in the event the purchaser, or his heirs or assigns, cannot be located within the State of Delaware, then in either event, it shall be lawful for the owner, his heirs, executors or assigns, to pay the amount of the redemption money to the Town Administrator of The Town of Blades, and upon taking from him a good and lawful receipt therefor, such receipt shall be considered for all intents and purposes as a valid and lawful exercise of the owner, his heirs, executors and assigns, of his or their power to redeem the land so sold.

(n) After satisfying the tax, assessment, license or other charge due and the cost and expenses of sale from the proceeds of the sale the amount remaining in the hands of the Town Administrator shall be paid, at once, to the owner of the land. Should the owner of the land refuse to accept the same, or the owner is unknown or cannot be found the amount remaining shall be deposited in some bank in The Town of Blades, either to the credit of the owner, or in a manner by which the fund may be identified.

(o) In sales of land for the payment of taxes, assessments, licenses or other charges due The Town of Blades, the costs of the sale including a reasonable counsel fee shall be allowed, which shall be deducted by the Town Administrator from the proceeds of the sale, or chargeable against the owner.

(p) The cost of the deed shall not be chargeable as costs but shall be paid by the purchaser.

(q) 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.

(r) If any person is assessed for several parcels of land and tenements in the same assessment, the total of said taxes, assessments, rents and other charges due the Town, may be collected from the sale of any portion of said lands and tenements or from any improvements, provided, that the land alienated by the taxable shall not be sold until other property of the taxable shall have been first disposed of.

Section 30. Power to Borrow against Anticipated Revenues

The Town Council of the Town of Blades shall have full power and authority to anticipate revenue by borrowing upon the faith and credit of the Town of Blades, the sum or sums of an aggregate amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000), when, in the opinion of the majority of the said Town, Council, the needs of the Town of Blades demand it. The Town Council may secure said sum or sums of money so borrowed by promissory notes of the Town of Blades, duly authorized by resolution of the Town Council, and signed by the Mayor and attested by the Town Administrator, either with or without the corporate seal of the Town of Blades affixed as is requested by the bank or person advancing the money on said notes, and no officer nor Councilman shall be personally liable for the payment of such notes because it is signed by them as Officers of the Town of Blades, and is authorized by the resolution of the Town Council; provided, however, any sum of money borrowed on the faith and credit of the Town of Blades, as aforesaid, in any fiscal year, shall be paid out of the general funds of the town, in principal payments of at least ten percent (10%) of the principal borrowed per fiscal year and shall be completely paid at the end of ten (10) fiscal years following the first fiscal year which said money was borrowed with interest thereon, and no part of the principal of nor the interest on any borrowing authorized by this section shall be taxable by the State of Delaware nor any political subdivision thereof.

Section 31. Streets

(a) The Town Council shall have the power and authority to lay out, locate and open new streets or to widen and alter existing streets or parts thereof and to vacate or abandon streets or parts thereof, whenever the Town Council shall deem it for the best interest of the Town.

Section 33. Use of Town Money

(a) The Town Council shall have the power and authority to use the money in the Treasury of said Town, or of any portion thereof, for the improvement, benefit, protection, ornament, and the best interest of the said Town as it may deem advisable and to use the Town money to accomplish and carry into effect all acts and things which it has power to do by virtue of the Constitution, Laws of Delaware, this Act and all lawful ordinances and resolutions of Council. In general performance of their duties and acts, doings and determination of a majority of the Council of said Town shall be as good and binding as the acts, doings and determination of the whole. In case of vacancy or vacancies in the Town Council, the remaining members, until such vacancy or vacancies shall be filled as hereinbefore provided, shall have the same power and authority as the whole. A majority of the Council shall constitute a quorum for the transaction of business.

Section 34. Obstructions, Nuisances and Unsanitary Conditions

The Town Council shall have power and authority to enact ordinances or adopt resolutions to define, prevent, abate, and remove all obstructions, nuisances and unsanitary conditions at any time existing or deemed to be contemplated by any property owner or tenant or any property owner thereof whether in the street, square, lane or alley, or on the sidewalks or any other public or private place within the limits of said Town either on its own inspection, or upon written complaint of any citizen of the Town stating the character and location of the obstruction, nuisance or unsanitary condition, and signed by the citizen making the complaint.

Section 35. Municipal Zoning Regulations

(a) For the purpose of protection against fire, promoting health, safety, morals or the general welfare of the community, the Town Council is hereby empowered to adopt ordinances to regulate and restrict the height, number of stores, size of buildings and other structures, the density of population, and the location and use of buildings, structures and lands for trade, industry, residence or other purposes, and this power shall embrace new buildings or additions to or alterations of existing structures of every kind; to condemn buildings or structures, or portions thereof, that constitute a fire menace and to require or cause the same to be torn down, removed, or so altered as to eliminate the menace of fires; to prescribe the height and thickness of any building and the kind and grade of materials used in the construction thereof.

(b) The Town Council in order to avail itself of the powers conferred by this section, shall appoint a commission of not less than three members to be known as the Zoning Commission in accordance with Title 22, Chapter 3, Section 306 of the Delaware Code, as amended from time to time. The Town Council shall further provide for the appointment of a Board of Adjustment which shall consist of the Town Administrator, the Mayor and the Town Solicitor. The Board shall have all the powers and shall be bound by the same procedure as set forth in Title 22, Chapter 3, Sections 321 through 330, as amended from time to time.

The Town Council may appoint a Planning Commission as specified in Title 22, Chapter 7 of the Delaware Code, as amended from time to time.

(d) The Town shall have the power to enact ordinances and procedures for the review and approval of any building or development project, to issue permits for land development and construction activities, and to establish fees for the review of said projects and for the issuance of permits.

Section 36. Actions or Suits against the Town

No action, suit or proceeding shall be brought or maintained against The Town of Blades for damages, either compensatory, or punitive, on account of any physical injury or injuries, death or injury of property by reason of the negligence, simple, gross, willful, or wanton of the said The Town of Blades or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted, within Ninety (90) days from the happening of such injury or the suffering of such damage, shall notify in writing the Mayor of The Town of Blades of the time, place, cause, character and extent of the injury sustained, so enrolled or damages suffered.

Section 37. Motor Vehicle Violations

All driving, vehicular and pedestrian traffic within the corporate limits of The Town of Blades shall be governed by the provisions of Chapter 41, Title 21, Delaware Code of 1974, as heretofore or hereafter amended by the General Assembly of the State of Delaware, except to the extent that such provisions may be altered or supplemented by ordinance duly passed by the Town Council of The Town of Blades as authorized by

21 Del. Laws, c. 41 of 1974

Section 38. Disposal of Property

(a) All disposals of property of The Town of Blades, other than the motor vehicles or other personal property which may be traded as part of the purchase price for a replacement thereof, shall be by public advertising for bids thereof pursuant to the following procedure:

(1) The Town Council of The Town of Blades shall adopt a Resolution declaring the property to be sold to be surplus to the needs of The Town of Blades. The Resolution shall be passed at least Sixty (60) days prior to the date when bids are to be received and shall contain a description of the property, its location, the times when it can be inspected, the terms for payment and shall fix a time and place for receiving sealed bids for the purchase thereof.

(2) The property shall be offered for sale to the best and most responsible bidder who submits a responsive bid in response to the invitation to submit a bid for the property.

(3) The Invitation for Bids shall be printed in two issues of a newspaper having a general circulation in The Town of Blades within Thirty (30) days prior to the date when bids to purchase the said property will be received.

(b) Neither the Mayor of The Town of Blades nor any member of the Town Council of The Town of Blades shall be permitted to submit during his term of office a bid for any property to be sold pursuant to this Section.

Section 39. Survival of Power and Validating Section

This Act shall operate to amend, revise and consolidate, "An Act to Incorporate the Town of Blades" being Chapter 58, Volume 34, Laws of Delaware, and the various amendments and supplements thereto, and to repeal all such parts of said Act and its amendments and supplements as are manifestly inconsistent with the provisions of this Act. All powers conferred upon or vested in The Town of Blades by any Act of Law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon, and vested in The Town of Blades and/or the Town Council of The Town of Blades, precisely as if each of the said powers was expressly repeated in this Charter. All ordinances and resolutions heretofore lawfully enacted or adopted by the Town Council of The Town of Blades and in force at the time of the approval of this Charter shall continue in full force and effect until the same or any of them shall be repealed, modified or altered by the Town Council of The Town of Blades under the provisions of this Charter; all the acts and doings of the Town Council of the Town of Blades or any officers or employees of The Town of Blades lawfully done or performed under the provisions of any law of this State, or of any ordinance of The Town of Blades prior to the approval of this Act, are hereby ratified and confirmed; all taxes, debts, fines or penalties, assessments and forfeitures due The Town of Blades shall be deemed to be due and all debts due from The Town of Blades shall be deemed to be due and the same shall remain unimpaired until paid; and the power, right and authority to collect taxes imposed under the provisions of this Act, and the processes which may be employed hereunder, shall be deemed to apply and to extend to all unpaid taxes imposed under the Charter of The Town of Blades and all amendments and supplements thereto; the bonds given by or on account of any Official of The Town of Blades shall not be impaired by or affected by the provisions of this Act, but The Town of Blades shall succeed to all the benefits of said bonds; all valid laws heretofore passed relating to or concerning The Town of Blades or authorizing the borrowing of money and the issuing of bonds on the credit of the Town of Blades shall be and remain valid and good as heretofore, and be unaffected and unimpaired by this Act.

If any part of this Act shall be held unconstitutional, such holding shall not in any wise invalidate the remaining provisions of this Act. This Act shall be deemed and known to be a public Act.

With amendments through 7/30/01.

73 Del. Laws, c. 210; 74 Del. Laws, c. 407; 75 Del. Laws, c. 196; 76 Del. Laws, c. 44; 77 Del. Laws, c. 299