Dewey Beach
Section 1. Incorporation.
The inhabitants of the Town of Dewey Beach in Sussex County, are hereby constituted a municipal corporation and body politic by and under the name of "Commissioners of Dewey Beach, (hereinafter referred to as the "corporation" or "town") with power to govern themselves by such ordinances, rules, resolutions and regulations for municipal purposes as they, through their duly-elected officers and agents, may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States.
Section 2. Territory and Limits
(a) The limits and bounds of the Town of Dewey Beach are hereby established and declared to be as follows:
(b) Starting at a point at the low water mark of the Atlantic Ocean shoreline, said point being the northerly boundary of Rehoboth-by-the-Sea; thence easterly into the Atlantic Ocean 500 feet; thence southerly and parallel to the shoreline to a point which is on an easterly extension of the southern boundary of Collins Street; thence in a westerly direction along the southern boundary of Collins Street to Route No. 1; thence in a southerly direction along the easterly right-of-way of Highway One, to a point approximately 65 feet south of Anchor Way; thence in a westerly direction to the eastern shore of the Rehoboth Bay; thence in a northerly direction and with the meanderings of the Rehoboth Bay shoreline to a point on the Rehoboth Bay westerly of Bayard Avenue, said point being the boundaries of Rehoboth-by-the-Sea; thence with the boundaries of Rehoboth-by-the- Sea Bayard Avenue, northerly across Route 1; thence with the westerly boundaries of Comegys to its easterly side; thence across Route 1 to the southerly edge of Silver Lake; thence with Silver Lake and the boundaries of Rehoboth-by the-Sea to a point; thence easterly with the boundaries of Rehoboth-by-the-Sea, said boundary being the southerly line, and extensions thereof, of Block 51 as shown on the plot plan of Rehoboth-by-the-Sea, to the low water mark of the Atlantic Ocean, the point and place of beginning.
The area designated by this description includes all of Rehoboth-by-the-Sea (as shown on a plot plan on file in Georgetown, Delaware) and all the area south of Rehoboth-by-the-Sea which is bounded on the east by the Atlantic Ocean, on the west by the Rehoboth Bay and which extends southward to the south side of Collins Street on the ocean block and 65 feet southerly of Anchor Way on the bay side and also includes 500 feet of the Atlantic Ocean adjacent to the shoreline.
(c) The Commissioners of Dewey Beach may, at any time hereafter cause a survey and plot to be made of said Town, and the said plot or any supplement thereto, when so made and approved by said The Commissioners of Dewey Beach, signed by the President, who shall affix thereto the municipal corporate seal of the Town, attested by the Secretary of the said The Commissioners of Dewey Beach, and upon being recorded in the Offices of the Recorder of Deeds of the State of Delaware, in and for Sussex County, shall be, or the record thereof, or a duly certified copy of said record, shall be evidence in all Courts of Law and Equity of this State.
(d) The Commissioners of Dewey Beach shall have the power to annex additional territory adjoining the corporate limits of the Town of Dewey Beach as hereinbefore set forth or as hereafter extended pursuant to the procedure hereinafter set forth and to apply to all such additional territory all laws, ordinances, resolutions and policies in force with the Town so far as they may be locally applicable. The Commissioners of Dewey Beach shall adopt a Resolution proposing to the property owners and the residents of both the Town and of the Territory proposed to be annexed that The Town of Dewey Beach proposed to annex certain territory which adjoins its then limits and territory. The Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution setting forth the information shall be printed in a newspaper published in The Town of Dewey Beach 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 Commissioners of Dewey Beach, the said Resolution shall be posted in four (4) public places both in The Town and in the territory proposed to be annexed.
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 Commissioners of Dewey Beach 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 determination of the Commissioners of Dewey Beach to proceed with the matter of the proposed annexation.
The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immediately preceding the date of the Special Election in at least two (2) issues of a newspaper published in The Town, or, if no newspaper is published in The Town, the notice may be printed within thirty (30) days immediately preceding the date of the Special Election in two (2) issues of a newspaper having a general circulation in The Town and in the territory proposed to be annexed, or, in the discretion of The Commissioners of Dewey Beach the said notice may be posted in five (5) public places both in the Town and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the Special Election.
At the Special Election, every property owner or leaseholder as defined in this Charter, whether an individual, partnership or corporation, shall be entitled to cast one vote and every bona fide resident of the Town of Dewey Beach who is not a property owner or leaseholder as defined in this Charter shall be entitled to cast one vote. At the said Special Election, every property owner or leaseholder, as defined in this Charter, of the territory proposed to be annexed, whether an individual, partnership or corporation, shall be entitled to cast one vote and every bona fide resident of the territory proposed to be annexed who is not a property owner or leaseholder as defined in this Charter shall be entitled to cast one vote. Property owners or leaseholders, as defined in this Charter, whose property or whose improvement located on leased land is exempt from taxation or in not assessed shall not be entitled to vote. The books and records of the Town of Dewey Beach in the case of town property owners, or leaseholders as defined in this Charter or residents and the books and records of Sussex County in the case of property owners, leaseholders as defined in this Charter, or residents of the territory proposed to be annexed shall be conclusive evidence of the right of such persons, firms or corporations to vote at the Special Election.
In the event that an individual, partnership or corporation holds a power of attorney duly executed and acknowledged and specifically authorizing the said individual, partnership or corporation to vote at the said Special Election, a duly authenticated copy of the Power of Attorney shall be filed in the office of the Town Clerk of The Town of Dewey Beach. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of said person, partnership or corporation to vote in the Special Election.
Voting machines shall be used in any annexation election and the form of the ballot to be inserted in the machine shall be as follows:
____ For the proposed annexation
_____ Against the proposed annexation
(CHECK THE ONE BLOCK FOR WHICH YOU CAST YOUR VOTE)
The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one of whom shall reside and own property in The Town, and at least one of whom shall reside and own 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 in the Municipal Building and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents, property owners or leaseholders of The Town shall be deposited in the other such ballot box. The polling places shall be opened from 1:00 o'clock p.m., prevailing time, until 6:00 o'clock p.m., prevailing time, on the date set for the Special Election.
Immediately upon the closing of the polling places, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of 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 Commissioners of Dewey Beach. The said certificate shall be filed with the papers of the Commissioners of Dewey Beach.
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 Referendum results in an unfavorable vote for annexation, a subsequent election may be held at any time. If a favorable vote for annexation shall have been cast, The Commissioners of Dewey Beach 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, but 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 Dewey Beach from the time of recordation. The failure of The Commissioners of Dewey Beach to record the description and plot within the time hereinbefore specified shall not make the annexation invalid but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of favorable election. (65 Del. Laws, c. 255, 4/8/86)
Section 3. 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 Commissioners of Dewey Beach. The Commissioners of Dewey Beach shall consist of five members, to be chosen as hereinafter provided. One of the said Commissioners shall have the title of "Mayor of the Town of Dewey Beach," with duties hereinafter to be prescribed, and who shall also be President of the Commissioners of Dewey Beach.
Section 4. General Powers.
(a) The inhabitants of the Town of Dewey Beach within the limits and boundaries referred to in Section 2 of this Act, or within the limits and boundaries hereinafter established shall be, and they are hereby, created a body politic and corporate in law and in equity by the corporate name of "Town of Dewey Beach," (hereinafter referred to as the "Town") and under that name shall have perpetual succession, and may have and use a corporate seal which may be altered, changed or renewed at pleasure; may sue and be sued; plead and be impleaded in all Courts of law and equity in the State of Delaware, and elsewhere, by said corporate name; may hold and acquire real property and personal property obtained by purchase, gift, devise or lease within or without its boundaries for any municipal purposes, in fee simple or for lesser estate or interest; and may sell, lease, hold, manage and control such property as its interest may require; and may do all other things which a body politic and corporate may lawfully do to carry out and effectuate the objects and purposes of this Act; subject, however, to other sections of this Act.
Except as hereinafter provided in this Charter relative to the power to issue bonds, the Town shall have all other powers and functions requisite to or appropriate for the governance of the Town; its peace and order; its sanitation; its beauty; the health, safety, convenience, comfort and well-being of its population; the protection and preservation of property, public and private; and all actions, suits or proceedings shall be brought in the name of the "Town of Dewey Beach."
(b) The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict in any manner the general powers conferred herein, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, it is intended that the Town of Dewey Beach shall have, and may exercise all powers which, under the Constitution of the State of Delaware, which would be competent for this Charter to specifically enumerate. All powers of the Town of Dewey Beach, whether expressed or implied, shall be exercised as prescribed by this Charter; or, if not prescribed herein, by ordinance or resolution of the Commissioners.
Section 5. Qualifications Of Mayor And Commissioners.
(a) Each Commissioner shall be at least 21 years of age, a non-delinquent taxable of the County, and shall be non-delinquent as to all taxes levied or assessments made by the Town.
(b) Not less than two of the Commissioners shall be designated Resident Commissioners. A Resident Commissioner shall have the following qualifications: 1) he shall be a bona fide resident and domiciliary of the Town; and 2) shall own real estate within the Town; or be a leaseholder of real estate in the Town, under a lease of a term of five (5) years or more.
(c) Other Commissioners must either have the qualifications of a Resident Commissioner as defined above or be an owner of real estate within the Town or a leaseholder of real estate within the Town under the lease of a term of five (5) years or more or be a full time resident and domiciliary of the Town.
(d) The Commissioner with the title of "Mayor of the Town of Dewey Beach" must be qualified as a Resident Commissioner.
(e) If any one of the Commissioners shall, during his term of office fail to continue to be qualified as above stated, he shall ipso facto vacate his office. The Commissioners shall be the judges of the qualifications of the members.
Section 6. Election In General.
Those who are Commissioners on the date this Charter becomes law, and other officers appointed to serve shall continue to serve as the Commissioners of Dewey Beach and officers of the Town from and after the passage hereof until their successors are duly elected or appointed at the annual election held on the third Saturday in September. In the first annual election, three (3) Commissioners shall be elected for terms of two years each, and the other Commissioners shall serve terms of one year each. Thereafter, each Commissioner shall be elected for a two-year term. In the first annual election, the three Commissioners receiving the greatest number of votes shall each be elected for two year terms.
Section 7. Elective Offices.
(a) All other offices shall be appointive and the person or persons filling such appointive offices shall be appointed by the Commissioners of Dewey Beach.
(b) In the case of a vacancy created in any office of Commissioner of Dewey Beach or in the office of Commissioner of Dewey Beach having the title of Mayor of the Town of Dewey Beach. either by death, resignation, loss of residence or freeholdership, in the Town of Dewey Beach, or other disqualifying event, or otherwise, the Commissioners of Dewey Beach shall fill such vacancy for the residue of the whole term.
(c) If any elective or appointive officer, agent or employee be found guilty of any felony anywhere in the United States, he shall forthwith be disqualified to act as such officer and he shall, ipso facto. vacate his elective office; which office shall be filled by the Commissioners of Dewey Beach as in the case of other vacancies.
Section 8. Organization.
(a) An organizational meeting of the Commissioners of Dewey Beach shall be held within ten (10) days following the annual election. At that meeting the Commissioners elected shall elect one of the Commissioners as the presiding officer of the Commissioners of Dewey Beach for a term of one year. If the Commissioners are unable to elect one of their number as a presiding officer then such officer shall be chosen for the Commissioners, by lot, by the Commissioners. The presiding officer shall be called the "Mayor".
(b) The Commissioners of Dewey Beach, at the first regular meeting following the annual election, shall meet for the purpose of organization at the usual place for holding meetings of the Commissioners of Dewey Beach. The newly elected Commissioners shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace or by a holding-over member of the Commission. The Commissioners shall likewise select a Secretary from their own number to serve until the first regular meeting after the next succeeding election. They may also choose an Assistant Secretary to serve as aforesaid, and such other officers and employees as may be determined to be necessary.
(c) The Commissioners shall by ordinance fix the amount of any salaries or
compensation of the employees, officers and agents of the Town, and the time and manner of his or her, or their payment; provided, that the salary or compensation of any such employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a designated term. No officer, employee or agent of the Town shall in any form have, take, or receive from the Town or otherwise any compensation, in any form, in addition to the salary or compensation fixed by the Commissioners.
(d) The Commissioners shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the Town, containing the names of such officers, employees and agents, the dates of their employment, any salary of compensation to be by them received and the date of the termination of their services. In the event that any person holds office for an indefinite term, the record shall so state.
Section 9. Method Of Filing For Office Of Town Commissioners
No person shall be voted upon as a candidate for the office of Commissioner unless at least thirty (30) days before the date set for the election of said officers he shall have filed with the Commissioners of Dewey Beach a letter or other certificate setting forth that he will be a candidate for a certain designated office. The Commissioners of Dewey Beach shall not permit the name of any such candidate to be filed except such candidate as shall meet the requirements of Section 5 of this Chapter.
Section 10. Manner Of Holding Elections
(a) Annual municipal elections shall be held on the third Saturday of the month of September, from 10 o'clock A.M. to 6 o'clock P.M. at such place or places as shall be determined by the Commissioners, due notice of which shall be given by posting notices thereof in two (2) conspicuous places within the corporate limits of the Town of Dewey Beach; and by publication in a newspaper of general circulation in the community not less than fifteen (15) days before the day of such annual election; provided however, that in the event that there is no contest for any of the several offices up for election in any year, the polls shall not remain open after 10 o'clock A.M. prevailing time. The Town Commissioners shall have the power and authority to enact by ordinance certain voter registration procedures as are deemed reasonably necessary to provide for the orderly and efficient conduct of municipal elections, provided that no such ordinance shall alter the qualifications of voters as herein below set forth, nor shall such ordinance unduly impair the right to vote in a municipal election. No person may be eligible to vote unless properly registered. No person may cast more than one ballot. (74 Del. Laws, c. 370, 7/19/04)
(b) Each person eighteen years of age or older, who is a bona fide resident and domiciliary of the Town of Dewey Beach, or who is an owner of real property within the Town, or who holds a lease for five years or more on property within the Town, shall be qualified to vote in the election of Town officials as herein provided. Non-resident persons eighteen years of age or older who are both a settler/creator(s) and trustee(s) of a valid trust to which real property which is located within the Town has been conveyed which conveyance is recorded in the Office of the Recorder of Deeds in and for Sussex county, shall be qualified to vote in the election of Town officials, provided that the Trust document which identifies the trustee(s) and the settler/creator(s) must be presented at the time of registration. (74 Del. Laws, c. 369, 7/19/04)
(c) Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) Inspector of the Election and two (2) Judges of the Election. The Judges and Inspector constituting the Election Board shall be qualified voters of the Town of Dewey Beach, and shall be appointed for that purpose by the Town Commissioners at least fifteen (15) days before such election. If, at the opening of the polls, there shall not be present the three (3) members of the Election Board (or any one of them), then in such case the persons qualified to vote at such election and present at the opening of the polls shall, by viva voce, select a qualified voter or voters to so act as a member or members of the Election Board. Members of the Election Board shall be Judges of the Election, and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting. The Election Board shall have the power to subpoena persons and officers of the Town, and to subpoena books, records and papers relative to the determination of the validity of any vote or votes offered.
(d) Upon the close of the election, the votes shall be computed and announced publicly and the qualified persons having the highest number of votes shall be declared, by the Election Board, to be duly elected; and such persons shall continue in office during the terms for which they were chosen, or until their successors are duly elected or appointed and qualified.
(e) In the event of a tie vote for any office, the Election Board shall determine the tie by lot.
(f) All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for a period of ten days, (save and excepting those ballots offered by persons who shall not have satisfied a majority of the Election Board that he or she or they possessed the qualifications of a Town elector as prescribed by this Chapter).
(g) The Election Board shall enter in a book, to be provided for that purpose, a minute of the election, containing the names of the persons chosen. The Board shall subscribe the same and shall give to the persons elected certificates of their election. The book, containing such matters, shall be preserved by the Town Commissioners and shall be evidence in any Court of Law and Equity.
(h) Absentee voting shall be permitted under such rules and regulations as are established by the Town Commissioners.
Section 11. Meetings.
(a) The Town Commissioners of Dewey Beach shall hold meetings at the call of the Mayor (or majority of Commissioners).
(b) The Town Commissioners of Dewey Beach shall have the same power and authority to enact all ordinances, adopt all resolutions, pass all motions, make all orders and transact all business at such meeting, called as aforesaid. There shall be not less than one meeting held per calendar quarter.
(c) All meetings shall be subject to the provisions of Title 29, Chapter 100, Delaware Code.
Section 12. Quorum.
A majority of the Commissioners appointed or elected to the Town Commissioners of Dewey Beach shall constitute a quorum.
Section 13. Rules Of Procedures And Minutes Of The Town Commissioners.
The Commissioners shall determine their own rules of procedure and order of business. They shall keep a record of their proceedings and the record shall be open to public inspection. Every ordinance shall be introduced in writing. No ordinance shall be passed unless it shall have the affirmative vote of a majority of the Commissioners. Vote on any ordinance shall be by voice vote, and the vote of each Commissioner on any ordinance shall be entered on the record.
Section 14. Duties And Powers Of The Mayor.
(a) The Mayor of the Town of Dewey Beach shall be sworn or affirmed to perform the duties of his office with fidelity.
(b) He shall be the chief executive of the Town. It shall be his duty to preside at all meetings of the Commissioners and he shall have a vote therein and in case of his absence a President Pro Tempore shall be appointed in his place from the other Commissioners. He shall execute on behalf of the Town when authorized by a majority of the Commissioners all agreements, contracts, bonds, deeds, leases and other documents necessary to be executed. He shall have the power to appoint the other Commissioners to be in charge of any departments or divisions of the Town Government created by the Commissioners. At least one Commissioner must be appointed to each department or division created by the Commissioners. The Mayor shall be a member, ex-officio, of all committees. It shall be the duty of the Mayor to see that the laws and ordinances of the said Town are faithfully executed and the Mayor shall perform all duties imposed upon him by this Charter. The Mayor shall also have the power to administer oaths and affirmations. The Mayor shall also have the power and authority to solemnize marriages within the boundaries of the Town of Dewey Beach. (72 Del. Laws, c. 425, 7/13/00)
(c) As a Commissioner of Dewey Beach and as Mayor of the Town of Dewey Beach, he shall have the same right as other Commissioners to vote on all matters, and debate any question from the floor.
(d) Upon the expiration of his term of office or upon resignation or removal from office, he shall forthwith turn over all records, books, papers, documents and other things belonging to or appertaining to his office of Mayor of the Town of Dewey Beach. He shall also pay over to the Treasurer all monies in his hands belonging to the Town.
Section 15. Town Manager
(a) The Mayor of the Town of Dewey Beach, with the concurrence of a majority of all the elected Commissioners of the Town, may appoint a Town Manager who shall be the Chief Administrative Officer of the Town and who shall be the Secretary of the Commission of the Town and the Treasurer of the Town.
(b) The Commissioners of the Town of Dewey Beach shall impose such qualifications for Town Manager as may be deemed necessary; provided, however, that no person holding the office of Mayor or Commissioners shall be chosen to be Town Manager during his term of office as Mayor or Commissioner.
(c) The Town Manager shall hold office for an indefinite term and may be removed for just cause by a majority vote of the Commissioners of the Town of Dewey Beach. At least thirty (30) days before such removal shall become effective, the Commission shall, by a majority vote of all the elected Commissioners thereof, adopt a preliminary resolution stating the reasons for his removal. The Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Commission, by a majority vote of all the elected Commissioners thereof, may adopt a final resolution of removal. By the preliminary resolution, the Commission may suspend the Town Manager from duty but shall in any case cause to be paid him forthwith any unpaid balance of his salary for the next three (3) calendar months following the adoption of the preliminary resolution.
(d) In case of the absence or disability of the Town Manager, the Commission may designate some qualified person who may be an elected or appointed official of the Town of Dewey Beach to perform the duties of such office during his absence or disability. The compensation which the Town Manager shall receive for the performance of his duties shall be fixed by the Commission of the Town of Dewey Beach. (70 Del. Laws, c. 191, 7/10/95)
Section 16. Responsibilities of the Town Manager.
(a) The Town Manager shall be responsible to the Commissioners of the Town of Dewey Beach for the proper administration of the affairs of the Town placed in his charge and to that end, he shall have the power to make such appointments and to hire such employees at such compensations as the Commissioner, by resolution, shall determine, subject to such rules and regulations as may be adopted by the Commissioners. All employees shall be hired for an indefinite term and may be removed by the Town Manager at any time for just cause unless otherwise provided by resolution of the Commissioners. He shall exercise his sole discretion in the appointment or hiring of any such employees. The Town Manager shall be the sole judge of the competence or incompetence of any such person so appointed or hired by him. The Commissioners of the Town of Dewey Beach shall sit as a Board of Appeal for the protection of Town employees at those times when the majority of all the Commissioners are agreed that a review of the action of the Town Manager would be in the best interest of the Town of Dewey Beach. The decision of the Commissioners in such case shall be final and conclusive.
(b) It is the intention of this Charter that, in the performance of his duties, and in the exercise of his powers, the Town Manager shall not be influenced by any matters whatsoever of a political or fractional nature. It is the intention of this Charter that the Town Manager shall be guided solely by the matters of expediency and efficiency in the administration of the affairs of the Town placed in his charge. Except for purposes of injury, the Commissioners shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager.
(c) It shall be the duty of the Town Manager to supervise the administration of the affairs of the Town under his charge and to make such reports to the Commissioners as are required by the Commission. He shall make such recommendations to the Commission concerning the affairs of the Town as may seem to him desirable. He shall keep the Commission advised of the financial condition and future needs of the Town. He shall prepare and submit to the Commission the annual budget estimate. He shall render to the Commission at the regular monthly meeting of each and every month a true, accurate and detailed account of all the monies collected or received by him in the performance of his duties and shall promptly turn the same over to the Commission.
(d) In conjunction with the Mayor of the Town of Dewey Beach, he shall sign warrants pursuant to appropriations or resolutions theretofore made for the Commission. He shall prepare and submit to the Commission such reports as may be required by the Commission., he shall perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of the Commission.
(e) The Town Manager and such other officers of the Town as may be designated by vote of the Commission shall be entitled to seats in the meetings of the Commission but shall not vote therein.
(f) The Town Manager shall have charge and supervision of the sewer system, water system, street lighting, streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto. He shall have charge of and shall collect all taxes, assessments, rentals, franchise fees, license fees, or other charges due the Town. He shall have charge of the administration of all provisions of this Charter and ordinances and resolutions of the Commission relating to the affairs of the Town when not otherwise provided for by this Charter or by any ordinance or resolution of the Commission.
(g) He shall keep a full and strict account of all monies received and all disbursements made by him and such accounts shall, at all times, be open to inspection by the Commission.
(h) He shall give to The Town of Dewey Beach a bond, if required by the Commission, in such sum and in form with security satisfactory to the Commission for the faithful performance of the duties of his office and the restoration to The Town of Dewey Beach, in case of his death, resignation, or removal from office of all books, papers, vouchers, money other property of whatever kind in his possession belonging to the Town.
(i) In the event of a vacancy in the Office of the Town Manager for any reason or reasons whatsoever, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges, and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.
(j) Upon the death, resignation, or removal from the office of the Town Manager, the Mayor, with the approval of a majority of all elected members of the Commission, shall appoint some suitable person, who may be an elected or appointed official of the Town of Dewey Beach, to perform the duties of Town Manager; provided, however, such person shall not serve for a period exceeding ninety (90) days from the date of his appointment. (70 Del. Laws, c. 191, 7/10/95)
Section 17. Auditors
(a) Three Auditors of Accounts who shall be freeholders of the Town shall be appointed by the Commissioners at each annual meeting hereinbefore provided to serve for the term of one year or until their successors shall have been duly appointed and qualified.
(b) It shall be their duty to audit the accounts of the Town and all of its officers whose duty involves the collection, custody and payment of monies of the Town. They shall audit the books of the Mayor of the Town of Dewey Beach, and the records of all fines, penalties and costs imposed or collected by him pursuant to any judgment, order, or decree made. The auditors on or before the 15th day of August, annually, next following their appointment, shall make and deliver a detailed report of every and all accounts, records, and books by them examined and audited, which report under their hands and seals shall be printed in a newspaper which has general circulation in the Town in the issue immediately succeeding their annual report. The Auditors, in the performance of their duties, shall have access to all records and accounts of the offices of the Town Commissioners and they are authorized and empowered to employ such clerks and accounts as in their judgment may be necessary in the proper performance of their duties at such compensation as may be determined by the Commissioners.
Section 18. Town Solicitor
The Commissioners may select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of the Commissioners of Dewey Reach either with or without due cause stated. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware with offices in Sussex County. It shall be his duty to give legal advice to the Commissioners and other offices of the Town and to perform other legal services as may be required of him by the Commissioners.
Section 19. Police Force
(a) The Town Commissioners may, in their discretion, establish a police force, make rules and regulations as may be necessary for the organization, government and control of a Police Force. They shall preserve peace and order, and shall compel obedience within the Town limits to the ordinances of the Town and the Laws of the State of Delaware. They shall have such other duties as the Town Commission shall from time to time prescribe. The police force shall be subject to the direction of the Town Manager acting on behalf of the Town Commissioners. (70 Del. Laws, c. 191, 7/10/95)
(b) The Town Commissioners may, if it is deemed necessary, make rules and regulations for the organization of a Beach Patrol. The Beach Patrol would, if so organized, enforce regulatory measures ordained by the Commissioners in respect to the cleanliness, uses and enjoyment of the Town Beach front; and, would perform such other duties as the Commissioners may prescribe. In the performance of their duties, they may be vested with all the powers and authorities of a member of the Town Police Force.
Section 20. Mayors Or Alderman's Courts.
The Commissioners are authorized to establish a Mayor's Court or an Alderman's Court, and in the case of the Alderman's Court to appoint an Alderman in a manner consistent with the Constitution and laws of the State of Delaware.
Section 21. Remedies, Powers And Methods For The Collection Of Assessments And Other Charges Due The Town.
(a) A remedy by distress as now prescribed by law is hereby preserved to the
Commissioners for the collection of any assessments, fees, warrants or other charges for which they 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 Dewey Beach, the Town Manager may in the name of the Commissioners of Dewey Beach institute suit before any 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. (70 Del. Laws, c. 191, 7/10/95)
(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 the 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) No taxes or assessments may be imposed on real or personal property or tax or assessment rates changed unless approved by referendum
Section 22. Town Budget
(a) The fiscal year for the Town of Dewey Beach shall begin January 1, and end December 31.
(b) Annually each year and not later than the last week in November, the Commissioners shall prepare a rough draft of a Town Budget. From this rough draft the Town Commissioners of Dewey Beach shall, not later than December 10th 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 expense 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 Commissioners shall, so far as possible, adhere to the Budget so adopted in the making of appropriations.
Section 23. Enumeration Of Powers
(a) Not by way of limitation upon the power vested in the Town Commissioners to exercise all powers delegated by this Charter to the municipal corporation of the Town Commissioners of Dewey Beach except as may expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the Town Commissioners are vested by this Charter with the following powers, which may be exercised by said Commissioners 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 provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the Town.
2. To prohibit, or regulate all public sports, exhibitions, shows, parades,
productions, circuses or other public performances, amusements, and games.
3. 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.
4. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
5. For the prevention of fire and the preservation of the beauty of the Town, to regulate and control the number of buildings 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 or 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 by the Constitution and Laws of this State.
6. To acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping offices for providing services for the Town.
7. To regulate or prevent the use of guns, airguns, 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.
8. To purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, 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.
9. 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.
10. 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 Commissioners 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 One million five hundred thousand dollars ($1,500,000). (68 Del. Laws, c. 354, 7/10/92)
11. 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.
12. To inquire into and investigate the conduct of any officer, office, 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.
13. 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 Commissioners 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, or designed to prevent the introduction or spread of infectious or contagious diseases, or to prevent nuisances affecting the same.
14. The Commissioners of the Town of Dewey Beach shall have the authority to raise funds by charging a fee to owners of vehicles which are parked in the streets and other areas accessible to the public.
15. The Commissioners of the Town of Dewey Beach shall have the authority to grant licenses and impose fees for licenses, issue permits, and regulate any activity within the corporate limits specifically including any beach property whether previously dedicated, owned by the State of Delaware, or the Town, except as subsection (b) of this section may apply.
(b) Notwithstanding any provision in this Section or in this Act to the contrary, the Town Commissioners shall have no power or authority to impose or require any fee, tax, license or permit regarding use of the beaches by persons for individual recreational purposes.
Section 24. Collection Of Charges Due The Town
(a) In the collection of license fees, charges growing out of abatement of nuisances, or other charges due the Town and authorized to be levied and charged against the owner or owners of property within the Town, the collection thereof shall be under the supervision of the Town Manager. It shall be the duty of the Town Manager to collect all such rentals, bills, fees, and charges. He shall, in conjunction with the police force keep the Commissioners advised as to any and all failures or neglects to pay the same.
(b) In respect to the amount of any such license fees, charges growing out of abatement of nuisances, laying out and repairing sidewalks, or other charges due the Town and authorized to be levied and charged against the owner or owners of property within the Town, and which owner or owners of property within the Town shall have failed or neglected to apply the same within the time prescribed by the provisions of this Charter, or a duly adopted Ordinance of said Town and should the required procedure, if any there be, have been complied with as regards the imposition thereof against such owner or owners, the Town Commissioners shall issue a warrant to the Town Manager directing him to collect the same against the person or persons, firm or firms, corporation or corporations from which it shall be due, together with interest from the due date and other charges attendant thereto. Thereafter, from the date of the issuance of any such warrant or warrants, the amount or amounts therein provided shall be and constitute liens upon the respective property or properties of such owner or owners upon which or for which any such rentals, bills, fees or other charges shall have been made and such liens shall, for a period of two years from the date of such warrant or warrants, have priority over any liens, encumbrances or conveyances except tax liens, general or special sewer assessment liens and prior liens of a like nature.
(c) Nothing contained in this Section shall be construed as a limitation upon the Commissioners of Dewey Beach to establish and fix fines, or other penalty, in a proper case, for neglects or failures nor shall any fines imposed by a judicial officer with reference to any such neglects so enrolled or failures be construed as being within the provisions hereof. (70 Del. Laws, c. 191, 7/10/95)
Section 25. Removal Of Obstruction, Nuisances, And Unsanitary Conditions.
(a) In addition to the power to impose fines and penalties for the maintenance of obstructions, nuisances, and unsanitary conditions, as those terms may be defined by the Commissioners, if the Commissioners either upon their own inspection or upon information obtained from the Town Manager or Police Force, shall deem that such obstruction, nuisances, or unsanitary condition ought to be removed or abated as the case may be, the Commissioners shall enact an ordinance or adopt a resolution or both, to that effect and thereupon shall direct the Town Manager to forward, to the person or persons continuing or causing such obstruction, nuisances, or unsanitary condition, or to the person or persons who are responsible for its existence or continuance, by the mails of the United States, in a sealed wrapper addressed to his or their last and best known post office address, a notice to remove or abate the same as soon as may be possible. If such person or persons refuse or neglect, for the space of five (5) days after such notice is mailed, to remove or abate the same, the Commissioners may have a warrant issued in the name of the Commissioners of Dewey Beach. The warrant shall command him forthwith to remove or abate such obstruction, nuisance, or unsanitary condition. The Town Manager shall forthwith proceed to remove or abate the same and, to that end, he shall have full power and authority to enter into and upon any lands and premises in the Town. He shall likewise have the authority to take with him such assistants, implements, vehicles or other things as may be necessary and proper to do and perform all matters and things in connection with the removal or abatement of such obstruction, nuisance, or unsanitary condition.
(b) At the meeting of the Town Commissioners next succeeding the delivery of the warrant to him, the Town Manager shall make a return to the Commissioners of his proceedings upon the warrant and shall specify the costs and expenses of all necessary work, labor, and proceedings incurred by him in the abatement or the removal of the same.
(c) At such meeting, the Commissioners shall determine, from the return of the Town Manager, the costs and expenses of all necessary work, labor, and proceedings in reference to the abatement or removal of such obstruction, nuisance or unsanitary condition. The Commissioners shall issue or have issued a warrant, containing an itemized account of that information, together with the name and last and best known address of the person from whom the Commissioners shall determine the amount to be due and shall deliver such warrant to the Town Manager. The warrant shall command him forthwith to collect the amount stated to be due thereon from the person or persons designated therein. The Town Manager shall forward to such person or persons, in a sealed wrapper, a true and correct copy of the warrant by depositing the same in the United States mails and addressed to such person's or persons' last and best known post office address. If such person or persons shall refuse or neglect to pay the same to the Town Manager for the use of the Town within thirty (30) days from the date of the mailing of such true and exact copy of the warrant, the Town Manager shall then be authorized and required to collect the same in any of the manners hereinbefore provided. (70 Del. Laws, c. 191, 7/10/95)
Section 26. Borrowing Money And Issuance Of Bonds
(a) The Commissioners of Dewey Beach may borrow money, which in the aggregate shall not exceed One million five hundred thousand dollars ($1,500,000), and to secure the payment of the same, is hereby authorized and empowered to issue bonds or other kinds or forms of certificate or certificates of indebtedness pledging the full faith and credit of the Town of Dewey Beach, or such other security or securities as the Commissioners shall elect, for the payment of the principal thereof and the interest due thereon. (69 Del. Laws, c. 45, 6/25/93)
(b) All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the Commissioners of Dewey Beach in pursuance hereof shall be exempt from all State, County or municipal taxes.
(c) This power or authority to borrow money may be exercised by the Commissioners of Dewey Beach to provide funds for, or to provide for the payment of, any of the following project or purposes:
1. Refunding any or all outstanding bonds or other indebtedness of the Town at the maturity thereof or in accordance with any callable feature or provision contained therein;
2. Meeting or defraying current annual operating expenses of the Town in an amount equal to but not in excess of currently outstanding, due and unpaid taxes, water rents, license fees, or other charges due the Town and available, when paid, for meeting or defraying current annual operating expenses of the Town;
3. Erecting, extending, enlarging, maintaining, and repairing any plant, building, machinery, or equipment or purchasing of any lands, easements and rights-of-way which may be required therefore;
4. Defraying the cost to the Town of any other municipal improvement provided for or authorized or implied by the provisions of this Charter.
(d) In those cases where the power or authority hereby vested in the Commissioners of Dewey Beach is sought to be exercised for the purpose of refunding any or all outstanding bonds or other indebtedness of the Town at a rate of interest equal to or less than the indebtedness thereby sought to be refunded and in all instances provided for in subparagraph 2 above, it shall not be necessary for the Commissioners of Dewey Beach to call a special election of the taxables of the Town to secure their approval of such borrowing.
(e) In all other instances the power to borrow money and to secure the payment thereof by the issuance of bonds or other kinds or forms of certificate or certificates of indebtedness for any other purpose or purposes above specified shall be only exercised in the following manner.
Section 27. Contracts
(a) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be awarded to the bidder submitting the lowest and best bid; 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 if 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 Commissioners will not permit the delay incident to advertising,
7. The materials to be purchased are to be used to complete a project under the supervision of the Town Clerk;
8. The purchase or contract is for property or services for which the
Commissioners determine the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competition;
9. A public emergency as determined by the Commissioners exists.
Section 28. Limitation Of Actions.
No action, suit or proceeding shall be brought or maintained against the Town of Dewey Beach for damages, either compensatory or punitive, on account of any physical injury or injuries, death or injury to property by reason of the negligence of the Town Commissioners of Dewey Beach 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 days from the happening of such injury or the suffering of such damage, shall notify the Commissioners of Dewey Beach in writing of the time, place, cause, character and extent of the injuries sustained so enrolled or damages suffered. Any suit brought against the Commissioners of Dewey Beach shall be against them only in their capacity as representatives of the Town Government and not as individuals.
Section 29. Compendium.
It shall be the duty of the Commissioners, at reasonable times, or time, to compile the ordinances, codes, orders, and rules of the Commissioners of Dewey Beach. They shall have a reasonable number of copies printed for the use of the officials of the Town and for public information. From time to time, upon the enactment of new ordinances, codes, rules and regulations, or upon the enactment of amendments to the same, the Commissioners shall enroll the same in the minutes of the Town Commissioners and shall keep copies of the same in a book to be provided for that purpose so that the same may be readily examined. They shall furnish to the Mayor of the Town of Dewey Beach copies thereof as they are enacted; and therefrom may cause supplements to be compiled and printed to any compendium thereof heretofore printed as above provided. The Commissioners may provide for indemnification of elected and appointed official from liability arising out of their acts performance in good faith on behalf of the Town.
Section 30. Investigations.
The Commissioners of Dewey Beach shall have the power to inquire into and investigate the conduct of any office, officer or employee of the Town and to make investigations of all municipal affairs, and, for any such purpose or purposes, shall have the power to subpoena witnesses, administer oaths and compel the production of books, papers or other evidence.
Section 31. Survival Of Powers And Validating Section.
(a) All powers conferred upon or vested in the Town of Dewey Beach or the Commissioners of Dewey Beach by any Act or Law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon and vested in the Town of Dewey Beach and/or the Commissioners of Dewey Beach precisely as is each of said powers was expressly repeated in this Charter.
(b) Excepting as may be herein provided expressly to the contrary, every and all Sections or parts of Sections of this Act shall become effective immediately upon its approval.
(c) The authority vested in the Commissioners of Dewey Beach and the taxables of the Town of Dewey Beach by Section I of this Act shall apply with equal force and effect to all loans which may be required to raise funds necessary to replace and/or repair all such public property or estate as might have been so destroyed or damaged at a time or times preceding the enactment and approval of this Act as well as at a time or times after the date of the enactment and approval hereof.
(d) All acts or part of acts inconsistent with or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency only.
(e) If any part of this Act shall be held invalid or unconstitutional, such holding shall not, be deemed to invalidate the remaining provisions hereof.
(f) This Act shall be taken as and deemed to be a public act of the State of Delaware.
Section 32. Effective Date Of Act.
This Act shall become effective on being signed into law by the Governor of the State of Delaware.
Approved June 29, 1981.
(63 Del. Laws, c. 59, 6/29/81, 65 Del. Laws, c. 255, 68 Del. Laws, c. 354, 69 Del. Laws, c. 45, 70 Del. Laws, c. 191 and 72 Del. Laws, c. 425; 74 Del. Laws, Ch. 369, 7/19/04 and 74 Del. Laws, Ch. 370, 7/19/04)
