Harrington
1. Incorporation.
The inhabitants of the City of Harrington within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided, are hereby constituted and declared to be a body politic incorporated in law and equity, by the corporate name of the "City of Harrington" (hereinafter "City"), with power to govern themselves by such ordinances, rules, resolutions, and regulations for municipal purposes as they, through their duly-elected officers and agents may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States; and as such shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts.
The City shall have perpetual succession and shall succeed to own or possess all property, wherever situated, whether real, personal, or mixed, tangible or intangible, of whatever kind and nature, and all the powers, rights, privileges or immunities now or heretofore belonging to, possessed, or enjoyed by the City of Harrington previously incorporated at Chapter 215, Volume 64, Laws of Delaware, as amended.
2. Territorial Rights.
The present territorial limits of the City have been established and declared to be as follows:
Beginning at a concrete monument located on the westerly right-of-way line of the southbound lane of U.S. Route #13, which monument is 55.85 feet South of utility pole no. DST 608, and 91.81 feet North of utility pole no. DST 609, and 76.20 feet from the corner of a storm water catch basin located in the median of U.S. Route #13. Thence running from said beginning point North eighty-four (84) degrees West a distance of four thousand nine hundred twenty-two and ninety hundredths feet (4922.90') to a concrete monument; thence running North six (6) degrees East a distance of five thousand two hundred eighty feet (5280') to a concrete monument, thence running South eighty-four (84) degrees East a distance of five thousand eight hundred fifteen and fourteen hundredths feet (5815.14') to a concrete monument on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and running with westerly right-of-way line of the southbound lane of U.S. Rt. #13 in a southerly direction, a distance of 2700 feet, more or less, thence turning and crossing the southbound lane of U.S. Rt. #13, and following the northerly boundary of parcel number 14 in the median of U.S. Rt. #13, thence turning in a northerly direction and following the westerly boundary of parcel number 18, and crossing the northbound lane of U.S. Route #13, thence turning and following the easterly right-of-way line of the northbound lane of U.S. Rt. #13, in a southerly direction, to the northerly right-of-way line of Porter Street, thence along the aforesaid northerly right-of-way line of Porter Street, in an easterly direction, five hundred seventy feet, more or less, (570') to the westerly property line of the City of Harrington Sewage Treatment Plant Site, thence turning and running in a northerly direction with the lands now or formerly of Jacob Camper, to a pipe set in the line of lands now or formerly of Camper, at a corner for lands now or formerly of Hitchens, which point bears South 25 degrees 15 minutes West a distance of 325' from the southerly right-of-way line of Delaware Rt. #14, thence turning and running with the lands of Hitchens, lands of Patman, and with lands of Breeding a distance of 363' more or less, to a pipe set at a corner for lands of Breeding and lands of Ken Meredith; thence, turning and running North 15 degrees 30 minutes East a distance of 141' to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with the southerly right-of-way line of Delaware Rt. #14 South 74 degrees 30 minutes East 350', thence turning and running North 15 degrees 30 minutes East a distance of 200' to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with said right-of-way line South 75 degrees East to a point on the line of the lands now or formerly of Cook Creadick;
Thence, turning and running South 7 degrees 15 minutes West a distance of 960', and continuing to the center line of Brown's Branch ditch, thence running in a westerly direction with the center of Brown's Branch Ditch to a corner point for lands now or formerly of Albert Thistlewood, (said corner-points bears North 10 degrees, 14 minutes, 01 second East, 4.24 feet from a concrete monument on the southerly bank of said ditch), thence turning and running South 10 degrees 14 minutes 01 second West, a distance of 1966.40' passing over the aforementioned concrete monument on the southerly bank of Brown's Branch Ditch, to a concrete monument on the northerly right-of-way line of the 60' right-of-way of the Conrail Railroad, thence turning and running along said right-of-way of the Conrail Railroad North 82 degrees 22 minutes 30 seconds West 1417.16' to a point of curvature; thence, continuing along the aforementioned railroad right-of-way line on a 2834.79' radius curve, the chord of which bears North 76 degrees, 24 minutes 30 seconds West a distance of 589.35', an arc distance of 590.42', to a concrete monument of the easterly right-of-way line of the northbound lane of U.S. Rt. #13, thence turning and running with the said right-of-way line of U.S. Rt. #13 North, 16 degrees 15 minutes 52 seconds East a distance of 843.02', to a point of curvature; thence continuing with the aforementioned right-of-way line of U.S. Rt. #13 along a 5673.58 foot radius curve, the chord of which bears North 19 degrees 25 minutes 22 seconds East a distance of 625.98', an arc distance of 626.30' to a point, thence turning and crossing the northbound and southbound lanes of U.S. Rt. #13 North 73 degrees 25 minutes 57 seconds West to a point on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and following the westerly right-of-way line of the southbound lane of U.S. Rt. #13, in a southerly direction, a distance of 600', more or less, to the point of beginning.
The above boundaries are acknowledged by: The Kent County Mapping Division as shown on the official maps of Harrington made by Kent County and the State Dept. of Transportation.
The Council may, at any time hereafter, cause a survey and plot to be made of said City, and the said plot, or any supplement thereto, when made and approved by said Council, signed by the Mayor, and attested to by the Clerk of Council, with the municipal seal affixed, upon being recorded in the Office of the Recorder of Deeds in and for Kent County, State of Delaware, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.
(74 Del. Laws, c. 302, 6/30/04)
3. Annexation of Territory.
The City shall have power to annex any additional contiguous territory adjoining the then-existing corporate limits of the City as hereinbefore set forth or as hereafter extended pursuant to the procedures set forth in this section, and to apply to all such additional territory all laws, ordinances, resolutions, and policies in force in the City so far as they may be locally applicable.
3.1 Initiation of Annexation Proceedings.
3.1.1 As Authorized By General Statute. In addition to any other procedures authorized in this municipal Charter, the City may extend its municipal limits so as to include any portion of territory contiguous to the then-existing corporate limits of the City in accordance with the provisions of 22 Del.C. §101, as it may from time to time hereafter be amended, or in accordance with any future corresponding provision of law.
3.1.2 By Petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous to the then existing corporate limits of the City may petition the City Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe with reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein, and state the reasons for the requested annexation. The City Council may, within 90 days following the filing of such petition in the City Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. Any petition not so accepted within said 90 days shall be null and void. For purposes of this §§3.1.1, 3.1.2, and 3.1.3 "territory contiguous to the then existing corporate limits of the City" shall include both real property which, though itself not contiguous to the City's then existing corporate limits, is contiguous to other real property which is proposed to be included in the annexation, and real property which would be contiguous under §3.2.8(b).
3.1.3 By Resolution of the City Council. The City Council may, at any time, adopt a resolution proposing the annexation of any territory contiguous to the City. Such resolution shall describe, with reasonable certainty, the territory proposed to be annexed, state the reasons for the proposed annexation, and establish the date, time and place for the holding of an election as hereinafter provided. If more than one territory is involved in any resolution, elections may be held in more than one of them on the same day, but the elections shall be separate; only the qualified voters and real property owners of a territory shall be counted in the election to determine whether that territory shall be annexed. Upon adoption of such resolution, the City Council shall proceed as hereafter provided.
3.2 Annexation Procedure. Whether annexation is proposed by petition of the property owners or by resolution of the City Council, the following procedure shall be complied with:
3.2.1 Notice. Notice of the election for annexation shall be published in a newspaper of general circulation in the area to be annexed at least ten (10) days prior to the day of the election. The notice shall contain a description of the area to be annexed, the time, place, and date of the election, and the eligibility of those who are entitled to vote.
In addition to publication as herein provided, the City Council shall, not less than 10 days prior to the date of such election: (1) cause a public notice, containing the full text of the Resolution, to be posted in at least 3 different public places in the City and in at least one place, viewable to the public, in the territory proposed to be annexed; and (2) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their address as shown on the public tax records. Written notice to one co-owner shall be notice to all.
3.2.2 Those Entitled to Vote.
(a) At such annexation election, any natural person who is a "qualified voter" or an owner of real property in the territory to be annexed shall be entitled to one vote; and each legal entity other than a natural person, (e.g. a corporation, partnership, trust, or association) owning property in its own name in the territory proposed to be annexed, shall be entitled to one vote.
For purposes hereof, a "qualified voter" shall mean a bona fide domiciliary of the territory proposed to be annexed who is registered and qualified to vote according to the voter registration lists of the State Department of Elections.
(b) These provisions shall be construed in accordance with the principle of "one-man, one vote". Where a voter is entitled to vote by virtue of being both a "qualified voter" and an owner of real property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more parcels of real property, that voter shall be entitled to only one vote. Where real property is held in a life estate, the holders of the life estate shall be deemed to be the sole owners and entitled to vote accordingly. Persons in joint ownership of real property shall be entitled to only one vote.
(c) Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and notarized power of attorney from the legal entity granting the authority to cast its vote to its designated attorney-in-fact. Such Power of Attorney shall be surrendered to the Election Officials who shall file same in the Office of the City. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Annexation Election on behalf of the legal entity granting the power.
(74 Del. Laws, c. 302, 6/30/04)
3.2.3 Conduct of Annexation Election; Election Officials.
(a) Ballots. The City Council may cause voting machines, electronic voting systems, or paper ballots to be used in the Annexation Election, as permitted or required by law, the form of ballot to be printed as follows:
For the proposed annexation.
Against the proposed annexation.
Any person (including a person acting pursuant to a valid Power of Attorney from a legal entity other than a natural person) who is entitled to vote in the election, but who shall be unable to appear in person, may vote by absentee ballot in accordance with such standards and procedures as established by city ordinance.
(b) Election Officials. The Mayor shall appoint three (3) persons to act as a Board of Special Election for the Annexation Election. One (1) of the said persons so appointed shall be designated the Presiding Officer. The Board of Special Elections shall be the sole and final judge of the legality of the votes offered at such Annexation Election. It shall keep a true and accurate list of all natural persons and other legal entities voting.
(c) Polling Place. Voting shall be conducted in a public place as designated by the Resolution setting the Annexation Election. The polling place shall be open for not less than two (2) consecutive hours as set by the City Council, on the date set for the Annexation Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls.
3.2.4 Results of Annexation Election. A majority of votes cast shall determine the result of the election. Upon the close of the voting, the results shall be publicly announced by the Presiding Officer of the Board of Special Elections. After public announcement of the votes cast, the total votes cast "For" and the total votes cast "Against" shall be certified to by the Board of Special Elections and presented to the City Council at its next regular meeting. The City Council at this regular meeting shall approve the votes as certified.
3.2.5 Resolution of Annexation.
(a) If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council shall thereupon adopt a resolution annexing the said territory and including same within the limits of the City of Harrington. Upon adoption of a resolution of annexation, a copy thereof signed by the Mayor and certified by the Clerk of Council with municipal seal affixed, together with a plot of the area annexed, shall forthwith be filed for record with the Recorder of Deeds of Kent County. The territory so annexed shall be considered to be a part of the City from the moment the last mentioned resolution is adopted by the City Council. Failure to record said resolution, or the plot accompanying same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus.
3.2.6 Annexing City-Owned Property. Not withstanding any provisions herein to the contrary, the City by resolution of Council may extend its corporate boundaries without an election, provided, that the said territory to be annexed is owned entirely by the City.
3.2.7 Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to §3.1.2 of this Charter, annexation proceedings are initiated by a property owner(s) holding record title to real property in territory contiguous to the then existing corporate limits of the City, such petition may be made contingent upon an annexation agreement with the City which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the City Council approves such an agreement and votes to accept a petition under §3.1.2 of this Charter, such Annexation Agreement shall be deemed a material part of the annexation and shall be included in all subsequent steps of the annexation procedure; that is: (1) the resolution and notices adopted by the City Council pursuant to §3.1.3 shall recite that the proposed annexation includes and is subject to annexation agreement, shall briefly summarize its terms, and shall state that copies of the Agreement are available for inspection upon request at the City Hall; (2) if the results of the election are favorable to the proposed annexation, the resolution annexing the territory (as provided by §3.2.5) shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and the City shall be bound to honor the provisions of such agreement unless released therefrom by the petitioner(s).
Provided further, that no agreement made at the time of annexation under this §3.2.7 shall extend beyond seven years from the date the property is annexed into the City; and such agreements shall be null, void, and unenforceable after the expiration of said seven years.
An annexation agreement may be modified or amended by mutual agreement of the petitioner and the City Council at any time prior to the resolution ordering the Annexation Election pursuant to §3.1.3 of this Charter, but any material modification or amendment thereafter shall be deemed to be the withdrawal of the original petition and the filing of a new petition under §3.1.2.
3.2.8 Property Owned by the State of Delaware; Property Owned by the City; Highways, Streets, Roads and Alleys; Ponds, Canals, Streams and Other Waters.
(a) Real Property Owned by the State of Delaware. Real property owned by the State of Delaware may be annexed into the City without the State's casting a vote in the Annexation Election, provided the state agency having control and supervision thereof does not notify the City, in writing, of its objection to such annexation within ten (10) days after receiving written notice of the resolution proposing the annexation as provided in §3.2.1.
(b) Real Property Owned by the City. Real property owned by the City of Harrington may be annexed into the City by ordinance without the necessity of an election.
(c) Highways, Streets, Roads, and Alleys; Ponds, Canals, Streams, and Other Waters. Territory which would otherwise be contiguous with the City's then-existing corporate limits, or with other territory which is itself contiguous with the City's then-existing corporate limits, shall not be deemed non-contiguous merely by the existence of any highway, street, road, alley, pond, canal, stream, or other body of water which passes between or separates them.
3.3 Limitations. No action contesting the annexation of any territory under this section shall be brought after the expiration of 60 days from the publication of a notice in a newspaper of general circulation in the City and in the territory annexed, which notice shall contain the following information:
(a) Notice that the City has annexed such territory and a description thereof.
(b) Notice that any person or other legal entity desiring to challenge such annexation must bring his/her/its action within 60 days from the date of publication of such notice or forever be barred from doing so.
(c) In addition to publication as herein provided, the City Council shall cause a public notice, containing the information set out in subsections (a) and (b) above (using date of "posting" for date of "publication"), to be posted in at least three public places in the City and in at least one place, viewable to the public, in the territory proposed to be annexed.
(d) In the event the publication and postings do not appear on the same date, the date of the last publication or posting shall control.
4. Powers of the City.
4.1 General. The City shall have and enjoy all the powers possible for a municipal corporation to have under the Constitution and laws of the State of Delaware, as fully and completely as though they were specifically enumerated in this Charter.
4.2 Enumeration of Powers. Not by way of limitation upon the scope of the powers vested in the City Council to exercise all powers delegated by this Charter or general law to the City (except as may expressly appear herein to the contrary), but rather by way of enumeration and example, the City Council is vested by this Charter with (among others) the following powers, that is to say, the City Council:
4.2.1 May have and use a corporate seal which may be altered, changed, or renewed at pleasure.
4.2.2 May hold and acquire by gift, negotiation and purchase, devise, lease, or condemnation, property both real (improved or unimproved) and personal, or mixed, within or without the boundaries of the City, in fee or lesser estate or interest, necessary or desirable for any municipal or public purpose, including but not limited to, providing sites for constructing, improving, extending, altering, or demolishing:
(a) public buildings;
(b) parks;
(c) streets, squares, lanes, alleys, and sidewalks;
(d) sewer systems, including but not limited to sewage lines, conduits, lift stations, sewage disposal or treatment plants, and all appurtenances thereto;
(e) water systems, including but not limited to, water treatment plants, water storage facilities, wells, lines, conduits and all appurtenances thereto;
(f) electric systems, including but not limited to, electric plants, substations, transmission and/or distribution systems, lines, conduits and all appurtenances thereto;
(g) gas systems, including but not limited to, storage tanks, distribution systems, conduits and all appurtenances thereto;
(h) recreational facilities, including but not limited to, public bathing beaches, gymnasiums, athletic fields, bicycle paths, tennis, basketball, or paddleball courts and all appurtenances thereto;
(i) for slum clearance and redevelopment, urban renewal, revitalization, or rehabilitation of blighted areas, or removal of dangerous buildings;
(j) for the protection of the health of the citizens of the City;
(k) for the proper furnishing of adequate municipal services to the citizens of the City and those persons residing in such proximity to, but beyond, the corporate limits of the City who can be furnished with such municipal services, in the discretion of the City Council to the mutual benefit and advantage of the City and such non-residents thereto, upon such terms, charges, and conditions as the City Council may determine and approve.
4.2.3 May sell, grant, alienate, lease, mortgage, manage, hold and control such property as the interests of the City may require except as prohibited by the Constitution of the State of Delaware or as restricted by this Charter.
4.2.4 May pay for the acquisition, construction, improvement, repair, extension, alteration, or demolition of any municipal or public property, real, personal, or mixed, from the general fund of the City, from the proceeds of any bond issue which may be authorized and sold for any of the purposes for which lands and premises are authorized by this Charter to be acquired, and/or from the proceeds of any grant or loan made to the City by any governmental entity of the United States or the State of Delaware, where the proceeds of the grant or loan are for the purposes for which lands and premises are authorized by this Charter to be acquired.
4.2.5 May acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping the offices of the City.
4.2.6 May purchase, take and hold real and/or personal property when sold for collection of any delinquent tax, assessment, water or sewer rent, license fee, tapping fee, impact fee, or for any charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charges due the City, and to later re-sell the same. (74 Del. Laws, c. 302, 6/30/04)
4.2.7 May ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair and replace any new or present street, highway, lane, alley, water course, park, lake, crosswalk, wharf, dock, sewer, drain, gutter, aqueduct, or pipeline, or portion thereof, or any new or present sidewalk, curb, or gutter, or portion thereof, in the City; may specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; may enter into contracts or agreements for the doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other public thoroughfare within the City.
4.2.8 May enforce the removal of ice, snow, dirt, or other foreign substance from sidewalks and gutters by owners or abutting owners;
4.2.9 May prohibit, remove, or regulate the erection of any stoop, step, platform, bay window, cellar door, gate, descent, sign, post or any other erection or projection in, over, upon or under any street, highway, alley, lane, water course, park, lake, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the City;
4.2.10 May direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, avenues, highways, parks and grounds of the City and to authorize or prohibit the removal or destruction of said trees.
4.2.11 May fully control within the City the drainage of all water and to that end may alter or change the course and direction of any natural water course, runs or rivulet within the City, may regulate, maintain, clean and keep the same open, clean and unobstructed, and may provide, construct, extend and maintain, manage and control a storm water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the City.
4.2.12 May provide an ample supply of potable water for the City and its inhabitants and to this end may acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, water treatment facilities, stations, tanks, standpipes, water mains, fire hydrants, and all other equipment, property, or rights used in or about the collection, storage, purification, conveyance, distribution or sale of water; may regulate and prescribe for what public or private purposes the water furnished by the City may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any wilful or negligent injury, or damage to or interference with the water system or the equipment of the City; to furnish, refuse to furnish, or impose additional fees, charges, or conditions for furnishing water from the City water system to places and properties outside the City limits; and may contract for and purchase water and distribute the same to users within or without the City with the same full powers as though such water had been initially reduced to usefulness by the City itself.
4.2.13 May provide, construct, extend, maintain, manage and control a sanitary sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the City; may regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any wilful or negligent injury or damage to, or interference with the said system, plant or facilities; may furnish, refuse to furnish, or impose additional fees, charges or conditions for the furnishing of sanitary sewer service from the City system to places and properties outside the City limits; in the interest of the public's health, may compel any and all properties in the City to be connected to the City's sanitary sewer system; and may enter into contracts or joint agreements for sanitary sewage disposal services for users within or without the City with the same full powers as though such services had been initially provided by the facilities therefor owned and operated by the City itself.
4.2.14 May provide, construct, extend, maintain, manage and control the plant and system, or plants and systems, for the generation, manufacture and/or distribution of electric power and energy or gas, or both, to the inhabitants of the City and/or for lighting the streets, highways, lanes, alleys, parks, sidewalks, crosswalks, public buildings or other public places in the City; and to this end may acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and/or distribution facilities, for any such electric power and energy and/or gas as may be necessary or proper to light the City, to furnish proper connections for electric power and energy and/or gas to the properties of the inhabitants of the City who may desire the same; may regulate and prescribe for what private or public purpose the electric power and energy and/or gas furnished by the City may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be collected and the fines or penalties, or both, for any wilful or negligent injury or damage to or interference with the electric and/or gas system(s) of the City; may furnish, refuse to furnish, or impose additional fees, charges, or conditions for furnishing electric power and energy and/or gas from the City's system(s), to places and properties outside the City limits; and may contract for and purchase electric power and energy and/or gas and distribute the same to users within or without the City with the same full powers as though such electric power and energy and/or gas had been initially produced by the City itself.
4.2.15 May regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin, and any other combustible or dangerous materials within the City, the use of candles, lamps, and other lights in stores, shops, and other public places; and may regulate, suppress, remove or secure any bonfire, outdoor burning, or any fireplace, stove chimney, oven broiler, or other apparatus which may pose a danger of causing fires;
4.2.16 May provide for the organization of a fire department and the control and government thereof; may establish fire limits and do all things necessary for the prevention or extinguishment of fires; and at the discretion of the City Council, may contribute, donate or give an amount or amounts to any volunteer fire company or companies existing under the laws of the State of Delaware providing fire service(s) to or within the City, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as the City Council shall deem advisable;
4.2.17 May provide for the organization of ambulance, rescue or paramedic service(s) and the control and government thereof, may establish territories within the City for such services; may, at the discretion of the City Council, contribute, donate or give an amount or amounts to any such service existing under the laws of the State of Delaware, maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the City, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations to the use thereof as the City Council may deem advisable.
4.2.18 May prevent vice, drunkenness and immorality;
4.2.19 May prohibit gaming and fraudulent devices;
4.2.20 May prevent and quell riots, disturbances, and disorderly assemblages;
4.2.21 May adopt and enforce such ordinances regulating traffic, on all streets, alleys, avenues, and public ways within the City as are not inconsistent with the motor vehicle laws of the State of Delaware.
4.2.22 May regulate or prohibit the use of public streets, alleys, sidewalks, parks, right-of-ways, public places and City-owned lands for commercial uses or activities not otherwise protected from such regulation or prohibition by the Constitutions of either the United States or the State of Delaware, or by any controlling federal statute.
4.2.23 May regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, or any other device for discharging missiles which may cause bodily injury or harm to persons or property; and may regulate or prevent the use of fireworks, bombs and detonating works of all kinds;
4.2.24 May provide for and preserve the health, peace, safety, cleanliness, ornament, good order and public welfare of the City and its inhabitants;
4.2.25 May prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games within the City;
4.2.26 May direct the digging up, draining, filling up, cleaning, cutting, clearing or fencing of lots, tracts, pieces or parcels of ground in the City which may be deemed dangerous or unwholesome or when necessary to carry out any improvements authorized by this Charter, and to assess the cost thereof against the owner thereof.
4.2.27 May define, prevent, abate or remove nuisances, obstructions or any other condition detrimental to the public safety, health or welfare; and may cause the cost of such abatement or removal to be paid by the legal entity causing or permitting the same to exist.
4.2.28 May adopt ordinances providing for the condemnation, upon inspection, of any building or structure, or portion thereof, in the City which is determined, on the basis of standards set forth in such ordinance(s) to be a fire hazard or otherwise unsanitary, uninhabitable, or unsafe, and cause the same to be torn down or removed.
4.2.29 May establish and regulate pounds; may restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large and authorize the destruction of the same; may regulate the keeping of dogs within the City, and may provide for registration and fees thereof.
4.2.30 May provide for the punishment of a violation of any ordinance of the City by civil fine not exceeding $1,000.00.
4.2.31 May acquire, build, erect and maintain a suitable place as a lock-up or jail for the City which may be used as a temporary place of detention of persons taken into custody for violations of State or Federal laws or City ordinances, or for detention of persons accused of violations of law or ordinances, for a reasonable time in cases of necessity prior to hearing; provided that any correctional institution located in Kent County may be used for any such purpose, in which event the City shall pay for the board of persons detained therein when taken into custody for violations of ordinances which are not violations of any general law of the State.
4.2.32 May provide as an option for payment of any fine, penalty, forfeiture, assessment, fee, charge, or other amount due the City, the performance of labor or service for the City by any person owing the same.
4.2.33 May regulate and control the manner of construction, alteration, repair, demolition or removal of dwellings or other structures and provide for granting permits for same; and may appoint a suitable Building Inspector and prescribe his powers and duties in accordance herewith.
4.2.34 May prohibit and prevent the carrying on of construction at such times and seasons of the year and at such hours of the day as the City Council may determine necessary and appropriate for the public health and welfare.
4.2.35 May provide for or regulate the numbering of houses and lots on the streets and the naming of the streets and avenues, subject to approval by Kent County Emergency Services (911).
4.2.36 May, for the prevention of fire and the preservation of the beauty of the City, establish a building setback line for buildings to be erected; may prohibit any building or construction except those for which a building permit has been issued as prescribed by the City Council; and generally may exercise all zoning powers and authority vested in municipal corporations by virtue of 22 Del. Laws, c. 3, as it may hereafter from time to time be amended, or by any future corresponding provision of law.
4.2.37 May license, tax, and collect fees for any and all municipal purposes of such various amounts as the City Council from time to time shall fix from any person, firm, association or corporation carrying on or practicing any business, profession or occupation within the limits of the City;
4.2.38 May impose, upon new development or construction, upon first-time occupancy of new construction, or upon newly-annexed territory, such "impact fees" as are reasonably calculated to recover the cost of installing, enlarging, improving, or expanding public or municipal improvements which have a rational nexus to such development, new construction, occupancy, or newly annexed territory;
4.2.39 May 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 consideration, as the City Council shall deem in the best interest of the municipality, for the use of the present and future streets, highways, lanes, alleys, water courses, parks, lakes, sidewalks, crosswalks, wharfs, docks, and other public places of the City for the purpose of furnishing heat, light, electric power and energy, gas, water, sanitary sewer, drainage, telephone, telegraph, television, railroad (excepting the railroads or railways engaged in Interstate Commerce), bus, taxi or other transportation carrier or public service to the City, and/or for the purpose of transmitting the same from or through the City to points outside the limits thereof; provided, however, that whenever any state or federal law grants exclusive jurisdiction over any such activity to a state or federal agency, the City shall have no authority inconsistent herewith.
4.2.40 May regulate and control the exercise of any license or franchise mentioned in Section 4.2.39 of this Charter.
4.2.41 May appropriate money to pay the debts, liabilities and expenditures of the City, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily, money from one fund to another fund of the City in case of emergency.
4.2.42 May inquire into and investigate the conduct of any officer, agent or employee of the City or any municipal affair and for such purpose or purpose(s) may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena.
4.2.43 May establish a Pension Plan or a Health and Welfare Plan, or both, for the employees of the City under such terms and conditions as the City Council, in its discretion, may deem most appropriate. The method of funding may, if deemed desirable by the City Council, be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of the elected members of the City Council.
4.2.44 May determine what purposes are deemed to be public purposes or municipal purposes.
4.2.45 May make, adopt, and establish, alter and amend all such Ordinances, Regulations, Rules, and By-Laws not contrary to the laws of this State and the United States as the City Council may deem necessary to carry into effect any of the provisions of this Charter or of any other law of the State relating generally to municipal corporations, or which they may deem proper and necessary for the order, protection and good government of the City, the protection and preservation of persons and property, and of the public health and welfare of the City and its inhabitants; provided, however that any Ordinance relating to the public health of the City 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 City but as well to all areas and persons outside the City within one (1) mile from said limits.
4.3 Liberal Construction; Manner of Exercise. The powers of the City under this Charter shall be liberally construed in favor of the City, and the enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the City shall have and may exercise any and all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter to specifically enumerate.
All powers of the City, whether express or implied, shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by ordinance or resolution of the City Council.
4.4 Intergovernmental Cooperation. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more States or civil divisions or agencies thereof, or the Untied States or any agency thereof, except as prohibited or restricted by the Constitution or laws of the State of Delaware or by this Charter.
5. Governing Body.
5.1 City Council. The government of the City and the exercise of all powers conferred by this Charter (except as otherwise provided herein) shall be vested in and exercised by a Mayor and Council as hereinafter provided.
5.2 Qualifications for Office.
5.2.1 Basic Qualifications. Candidates for the City Council or for the office of Mayor must be at least 20 years of age, have filed a nominating petition in accordance with §5.4 of this Charter, shall be in good standing with Harrington taxes and utility fees, and be otherwise qualified to vote at the annual City election as provided in §6.2.
5.2.2 Conviction of Felony or Crime of Moral Turpitude. No person having been convicted of a felony or crime of moral turpitude shall be qualified to be a candidate for office on the City Council or for the office of Mayor. For this reason, complete criminal history shall be researched by proper authorities.
5.2.3 Limitation on Terms. There will be no term limits on a person who holds the Office of Mayor under this Charter. There will be no term limits on a person who holds the Office of Council Person, under this Charter. (74 Del. Laws, c. 302, 6/30/04)
5.2.4 Commitment to Mental Institution. No person having been committed to a mental institution shall be qualified to be a candidate for office of Mayor or Councilperson.
5.3 Election Districts. The Council shall be the legislative body of the City composed of at least six (6) members nominated and elected as herein provided.
In order that the members of Council shall be distributed over the City, the City is presently divided into six (6) representative districts and one of said members of Council shall be a resident of each district.
The six election districts shall be as follows:
5.3.1 - First District. All the territory within the City Limits contained within the following boundaries: starting at a point at the centerline of State Route 14 and the Eastern most boundary of the City of Harrington, continuing South on the boundary line of the City of Harrington to the Southern most point of the City of Harrington and thence continuing along the boundary line of the City of Harrington, West to the centerline of Corn Crib Road thence continuing along the centerline of Corn Crib Road to the intersection of Corn Crib Road and Messick Road and thence South along the boundary line of the City of Harrington and West along the boundary line of the City of Harrington to U.S. Route 13, North on the centerline of U.S. Route 13 to the intersection with State Route 14, thence East down the centerline of Clark Street to the intersection of Porter Street, thence South down the centerline of Porter Street to Peck Avenue, West down the centerline of Peck Avenue to the intersection of Reed Street, North on the centerline of Reed Street to the intersection with Clark Street, East on the centerline of Clark Street to Thomas Street, North on the centerline of Thomas Street to the intersection with East Liberty Street, East on the centerline of East Liberty Street to the centerline of U. S. Route 13 southbound, North to Gordon Street, East on the centerline of Gordon Street to the intersection of U.S. Route 13 northbound, down the centerline of U.S. Route 13 to the boundary line of the City of Harrington, along the boundary line of the City of Harrington to the intersection with State Route 14, East on the centerline of State Route 14 to the beginning.
5.3.2 - Second District. All the territory within the City Limits contained within the following boundaries: beginning at the centerline of East Liberty Street and U.S. Route 13 southbound, and continuing along the centerline of U.S. Route 13 to the Northern City boundary line, thence following along the Northern City boundary line to the railroad tracks, thence South along the centerline of the railroad tracks to the intersection with 3rd Avenue, traveling along the centerline of 3rd Avenue to the intersection with Delaware Avenue, thence traveling on the centerline of Delaware Avenue, South/West to the intersection of East Liberty Street, down the centerline of East Liberty Street to the beginning.
5.3.3 - Third District. All the territory within the City Limits contained within the following boundaries: beginning at the intersection of Liberty Street and West Street, traveling along the centerline of West Street to the South and thence to the intersection of High Street, down the centerline of High Street to the intersection of Short Street, down the centerline of Short Street to the intersection of Mispillion Street, down the centerline of Mispillion Street to the intersection with Commerce Street, down the centerline of Commerce Street to the intersection of Walt Messick Road and Reese Avenue, thence down the centerline of Reese Avenue (East) to the intersection with the railroad tracks, down the centerline of the railroad tracks to the Southern most City boundary line and along the Western City boundary line to the intersection of West Street (and/or Farmington Road), continuing along the centerline of West Street (and/or Farmington Road), and circling around the property of Delmarva Power and Light, back to West Street, following the City of Harrington South, West and North boundaries to the intersection with Park Brown Road and continuing along the centerline of Park Brown Road to the intersection of West and Center Streets, traveling along the centerline of West Street to Liberty Street to the beginning.
5.3.4 - Fourth District. All the territory within the City Limits contained within the following boundaries: beginning at the Western boundary of the City of Harrington, traveling South/East along the City of Harrington boundary line to its intersection with Park Brown Road, turn South/East on Park Brown Road and traveling along the centerline of Park Brown Road to its intersection with Center Street, thence South on West Street, and traveling along the centerline of West Street to the intersection with Liberty Street, thence traveling East on the centerline of Liberty Street, to the intersection of Weiner Avenue, thence traveling North along the centerline of Weiner Avenue to the City Boundaries, then along the City Boundaries to the beginning.
5.3.5 - Fifth District. All the territory within the City Limits contained within the following boundaries: beginning at the intersection of West and Liberty Street, down the centerline of West Street to the intersection of High Street and along the centerline of High Street to the intersection with Short Street, along the centerline of Short Street to the intersection of Mispillion Street and along the centerline of Mispillion Street to the intersection with Commerce Street, along the centerline of Commerce Street to the intersection with Clark Street, along the centerline of Clark Street, East to the intersection with Thomas Street, along the centerline of Thomas Street to the intersection of East Liberty Street, along the centerline of East Liberty Street to the intersection with Delaware Avenue, along the centerline of Delaware Avenue to the intersection with 3rd Avenue, along the centerline of 3rd Avenue to the intersection with the railroad tracks, along the centerline of the railroad tracks to Liberty Street, West down the centerline of Liberty Street to the point of beginning.
5.3.6 - Sixth District. All the territory within the City Limits contained within the following boundaries: beginning at the intersection of Reese Avenue and Commerce Street, traveling along the centerline of Commerce Street, North to the intersection with Clark Street, along the centerline of Clark Street, East to the intersection with Reed Street, along the centerline of Reed Street, South to the intersection of Peck Avenue, along the centerline of Peck Avenue, East to U.S. Route 13, South along the centerline of U.S. Route 13, to the intersection with the Southern boundary of the City of Harrington, along the City of Harrington boundary, West to the railroad tracks, North along the railroad tracks to Reese Avenue and along the centerline of Reese Avenue, West to the beginning. (74 Del. Laws, c. 48, 6/12/03)
5.3.7 Re-Apportionment; Additional Districts.
(a) The City Council may provide for additional districts and/or rearrange the boundaries of the existing districts as provided herein in the event of annexation or reapportionment, but in no event shall there be less than six districts.
In the event additional district(s) are created, there shall be created a vacancy in the office of Councilman for the additional district(s) and Council shall fill such vacancies as herein provided.
(b) For the regular municipal election and for each election thereafter, the City shall be divided into six (6) election districts, the boundaries of which shall be established by City Council so that the districts are nearly equal in population as shown on the current federal decennial census. The district boundaries so established shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time the City Council shall redistrict the City so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election. Thereafter this procedure shall be followed by the Council after each succeeding federal decennial census in this manner so that the districts shall be maintained as nearly equal in population as possible at all times. (74 Del. Laws, c. 302, 6/30/04)
(c) In the event that any action is required hereunder to create new election districts and/or reapportion existing election districts, the City Council shall hold at least one public hearing on not less than 10 days public notice stating the date, time, place and purpose of the hearing which public notice shall be: (1) published in a newspaper of general circulation in the City and (2) posted in at least five (5) public places in the City.
The City Council shall conduct its review and any proceedings or actions resulting therefrom, so that the boundaries of the new or re-apportioned election districts are finalized and incorporated into this Charter by July 1st of the year in which the review was performed. Notice of such new or re-apportioned election districts shall be published in a newspaper of general circulation and posted in five (5) public places in the City by August 1st of that year.
5.4 Nominations to Be By Petition. The mode of nomination of candidates for the Council and for the office of Mayor shall be by petition signed by not less than ten nor more than twenty-five electors of the City, and filed with the Clerk of Council, in the City Hall on or before 4:00 p.m. local time of the first Tuesday of April preceding the next municipal election. Should the first Tuesday of October fall on a legal holiday, the filing date shall be 4:00 p.m. local time on the next working day thereafter. (73 Del. Laws, c. 145, 7/9/01)
Whenever a petition nominating a person for the office of Mayor or Councilman shall have been filed as above described, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the office for which the person was nominated, provided, the person possesses the qualifications prescribed by this Charter for a candidate of such office.
No nominating petition shall designate more than one person to be voted as a member for Council or Mayor.
The signers of a nominating petition for a member of the Council must be electors of the City residing in the same election district in which the nominee resides; but the signers to the nominating petition for the Mayor may be electors residing in the City at large.
There must be attached to each nominating petition an affidavit of the Nominee thereof, stating the number of signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be, and that all of the said signers are entitled to vote at the regular municipal election referred to.
And, in the case of petition nominating a candidate for Councilman, that the Nominee of the petition verily believes that each signer of said petition is a resident of the same election district in which the nominee resides.
With each signature there shall be stated the place of residence of the signer, giving street and number or other description sufficient to identify the same. The form of the nominating petition shall be substantially as follows:
"We, the undersigned, electors of the City of Harrington, nominate (name of Nominee) who resides in the (number) Election District of the said City of Harrington, for the office of (Councilman, or for the office of Mayor as the case may be) to be voted for at the regular municipal election to be held in the City, on the day of in the year ; and we individually certify that we are qualified to vote for the candidate for the office named, and that we have not signed any other nominating petition for that office, and that our places of residence are truly stated after our signatures.
Name Street and Number
(space for signatures)
State of Delaware:
: ss
County of Kent:
(Nominee name) being duly sworn (or affirmed) deposes and says that his and the signatures appended thereto were made in his presence, and are the signatures of the person whose names they purport to be, and he verily believes the residences of each signer thereof to be truly stated, and that all of said signers are entitled to vote at the regular municipal election referred to in said paper.
(SIGNED)
Subscribed and sworn to (or affirmed) before me this day of . Justice of thePeace (or Notary Public)."
5.5 Council to Act as Final Judge. The City Council, by majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members, and shall interpret and apply the standards set forth in this Charter.
If the Clerk of Council preliminarily determines that any candidate may not meet the qualifications for office, he shall notify the Mayor who shall call a special meeting of the City Council to be held not less than ten (10) days prior to the date set for the election, at which the disinterested members of the City Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, in writing by registered mail or personal delivery, of the date, time and place of the hearing, at which he or she may appear and testify. If the City Council determines that the candidate does not meet the qualifications for office, it shall reject his/her nominating petition and his or her name shall not appear on the ballot. In making the determination, only those members of the City Council who are not up for re-election shall be entitled to vote on the question. (74 Del. Laws, c. 302, 6/30/04)
5.6 Terms of Office.
5.6.1 Mayor. The Mayor shall be elected by the qualified voters of the City, as defined in §6.2 of this Charter, of the several election districts, to serve a term of four (4) years. (74 Del. Laws, c. 302, 6/30/04)
5.6.2 Members of Council. The members of Council shall be elected for their respective election district by the qualified voters of the City (as defined in §6.2 of this Charter) residing in the respective election district, to serve a term of three (3) years.
5.7 Continuity in Office. For the purpose of carrying into effect the provisions of this Charter, the Mayor and members of Council now serving shall continue to serve as herein provided until the completion of the terms for which they were elected and/or until their successors are duly elected or appointed.
6. Municipal Elections.
6.1 Date of Regular Municipal Election.
6.1.1 An annual municipal election shall be held on the first Tuesday of May of each year which shall be known as the Regular Municipal Election for the purpose of electing members of Council or the Mayor or both as the case may be to fill expired terms. All other elections that may be held shall be known as Special Municipal Elections. (73 Del. Laws, c. 145, 7/9/01)
6.2 Voter Qualifications. Any person shall be qualified to vote who, on the date of the election, is a resident of the City of Harrington, a United States citizen, has attained eighteen (18) years of age, and is registered under the Kent County Voter Registration ordinances. A "resident" shall mean any person who has been residing in the City prior to the date of the election. (71 Del. Laws, c. 279, 5/19/98, 74 Del. Laws, c. 302, 6/30/04)
6.3 Voter Registration. The City Council may enact such ordinances concerning the registration of qualified voters for municipal elections in the City as it deems reasonable or necessary to provide for the orderly and efficient conduct of municipal elections; provided that no such ordinances shall alter the qualifications of voters as hereinabove set forth, nor shall any such ordinances unduly impair the right to vote. Nothing herein shall be construed to prohibit the City from using the voter registration lists of the Department of Elections for Kent County in lieu of establishing its own registration procedures.
6.4 Uncontested Elections. Where there is only one official candidate for each office, if none of the official candidates has a formal opponent on the day of election, the official candidates may assume office without the holding of a formal election.
6.5 Date, Time, Place, Notice and Manner of Conducting.
6.5.1 Date, Time, and Place. The regular municipal election shall be held on the first Tuesday of May at such time and place, within the City, as shall be determined by the City Council. The polls shall remain open for at least a seven hour period to be determined by the City Council. (73 Del. Laws, c. 145, 7/9/01)
6.5.2 Notice of Elections. Notice of the regular municipal election shall be given by posting notice thereof in at least three public places in the City not less than ten (10) days before the day of such election and by publishing notice in a newspaper of general circulation in the City at least ten (10) days before the day for the election. Such notices shall state the date, time, and place of the election as well as a description of the positions to be filled.
6.6 Manner of Conducting Elections.
6.6.1 Voting Machines, Electronic Voting System. Elections shall be by voting machine, or electronic voting system as the City Council shall determine; provided however that voting machines or electronic voting systems shall be used if required for municipal elections by general statute. (71 Del. Laws, c. 279, 5/19/98)
6.6.2 Absentee Voting. The City Council may, (but shall not be required to), by ordinance, provide for a qualified voter (duly registered if required by ordinance) who shall be unable to appear in person, to cast his or her ballot at any municipal election by absentee ballot.
6.6.3 Rules Governing Conduct of Elections. The City Council may, by resolution, adopt such rules and regulations, not inconsistent with the provisions of this Charter or with applicable state or federal law, governing the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt.
6.6.4 Election Board. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one member of the City Council who is not up for election (who shall serve as the chairman) and two other qualified voters of the City, to be chosen by the Council at the last regular Council meeting of the month prior to the election. At such time, the Council may also designate such others persons it shall deem necessary to assist the members of the Election Board in the conduct of the election and the counting of ballots.
In the event Council is unable to choose one member of Council to serve on the Election Board, Council shall appoint some other qualified voter of the City who shall serve as Chairman of the Election Board.
If, at the opening of the polls, or at any time thereafter, there shall not be present all the members of the Election Board, or in the event they shall fail or neglect to act in the conduct of the election during the times the polls are open until the ballots are counted and the results are certified, then in such case the ranking City officer available shall appoint a qualified voter or voters to act as a member or members of the Election Board to fill such vacancies caused by the absence of one or more members of the Election Board; provided however that no candidate for election nor any member of his/her immediate family shall sit on the Election Board. Members of the Election Board shall be the sole and final judges of the conduct of the election and of the legality of the votes offered. The Election Board shall have the power to subpoena persons, and officers of the City, and books, records and papers relative to the determination of the qualifications of voters and the legality of any vote or votes offered.
6.6.5 Election Results. When the polls are closed, the Election Board shall publicly count the votes and shall certify the results of the election to each of the persons elected and to the Council. The candidate for the office of Mayor who receives the highest number of votes cast for that office shall be declared to be elected Mayor, and the candidate for the office of Councilmember from each district who receives the highest number of votes cast for that office shall be declared to be elected to that office and they shall continue in office during the terms for which they are chosen, or until their successors are duly elected and/or appointed and qualified.
6.6.6 Ties, Challenges. In the event of a tie vote for any office, the Election Board shall determine such tie by lot.
6.6.7 Preservation of Ballots and Records. All ballots cast and all records of the election kept by the Election Board shall be preserved in the custody of the Election Board for a period of fifteen (15) days, unless an appeal is filed in a court of appropriate jurisdiction.
7. Organization of City Council.
7.1 Organizational Meeting. An organizational meeting of the City Council shall be held at the first regular City Council meeting held in June of the year following the annual City election. Such meeting shall be held at the usual place for holding regular meetings. The newly elected Council members shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace, or by one of the holdover Council members. (73 Del. Laws, c. 145, 7/9/01)
7.2 Officers. The Mayor and members of the City Council shall be elected by the qualified voters of the City. All other officers shall be appointed offices, such appointments to be made by the City Council, as provided in §11 of this Charter. At the organizational meeting, the City Council members shall elect from among their own members a Vice Mayor who shall serve in that position for a term of one year or until the organizational meeting the June following the next succeeding election. (73 Del. Laws, c. 145, 7/9/01)
7.2.1 Mayor. It shall be the duty of the Mayor to preside at all meetings of the City Council, to serve as the head of the City government for all ceremonial purposes or for purposes of military law; to appoint such standing or ad hoc committees as he deems necessary or appropriate, such appointments to be subject to council confirmation, and to perform such other duties as may be prescribed by any ordinance or resolution adopted by the City Council. The Mayor shall have no vote on any matter except in case of a tie. For purposes of establishing a quorum, the Mayor shall not be counted, but only members of the Council.
The Mayor shall be authorized to act on behalf of the City, without prior Council approval, in the event of some sudden emergency requiring immediate action in order to protect the public health, safety, and welfare of the City, its residents and property owners. A "sudden emergency" for purposes of this section shall include, by way of example and not in limitation, a major fire or conflagration, significant and dangerous flooding or serious storm threatening significant damage, a major civil disturbance, or a toxic spill. A "sudden emergency" shall also include any emergency situation as declared by any County, State, or Federal agency having jurisdiction over the City where the scope of the emergency so declared includes the City of Harrington and it is not reasonably possible to convene a special meeting of the Council. If reasonably possible, the Mayor shall notify each Council member, in writing, of the action so taken by him within 24 hours. Notice shall be complete upon depositing such notice in the U.S. Mail, proper postage affixed, to each Council member at his or her last known address or uponpersonal delivery.
Any action taken by the Mayor under the powers vested in him under this section shall be as good as the act of the entire Council, provided that the Council may at any regular or special meeting held within 15 days of the Mayor's action, cancel the further implementation of any such action not yet completed and notify any persons or legal entities thereby affected.
7.2.2 Vice Mayor. The Vice Mayor shall act as Mayor during the absence or disability of the Mayor, and shall perform such other duties as may be assigned to him by the Mayor or by ordinance or resolution adopted by the City Council.
7.2.3. Treasurer. The City Council shall appoint the Treasurer as the City Treasurer who shall be custodian of all City funds and shall authorize deposit into federally-insured banking institutions located in the city as necessary. (76 Del. Laws, Ch. 184, 1/24/08)
The Treasurer shall pay no money except upon warrant or check countersigned by the Mayor, or in the Mayor’s absence, by the Vice-Mayor.
The Treasurer shall be responsible for seeing that a true and detailed account of all monies received by the City is maintained on a current basis. The books and accounts of the City shall at all times be open to inspection by the Council or Mayor.
The City Treasurer shall make such reports and at such times as the Council may direct.
The City Treasurer shall be required to give bond in such amount and in such form with such surety as the Council shall determine and approve, the cost of said bond to be paid by the City. (71 Del. Laws, c. 24, 5/7/97, 74 Del. Laws, c. 302, 6/30/04)
7.3 Succession of Authority. In the event that the Mayor is unavailable or incapable of assuming his responsibilities in a sudden emergency (as defined in §7.2.1) the emergency powers therein vested in the Mayor shall devolve upon the following officers and officials of the City in the following order of sequence: (1) Vice Mayor, (2) Each of the remaining Council members in order of their total number of years served on Council, (3) the City Manager, (4) the Chief of Police, (5) the Clerk of the Council. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
7.4 Prohibitions.
7.4.1 Holding Other Office. Except where authorized by law, no member of the City Council, nor the Mayor, shall hold any other City Office or City employment during the term for which he was elected to Council. No councilmember or Mayor may apply for any compensated position with the City of Harrington unless he/she has resigned from the elected position prior to submitting application.
7.4.2 Contracts with the City. It shall be unlawful for the Council or the City's officers, agents, or employees, to make or enter into any contract for materials, supplies, work or labor for the use and benefit of the City with any member of Council or the Mayor, or with any partnership in which any member of Council, or the Mayor, is a partner, or with any corporation in which any member of Council, or the Mayor, is a director or has a controlling interest, except with the unanimous consent of the disinterested Council members, and any such contract shall be absolutely null and void without such unanimous consent.
7.4.3 Restrictions Related to Personal or Private Interest.
(a) A Mayor or Council Member who has a personal or private interest in any measure pending in the City of Harrington shall disclose the fact to the Council, which he or she is a member, and shall not participate in the debate nor vote thereon; provided that upon the request of any other member of the Council or Mayor, as the case may be, a Council Member or Mayor who has such a personal or private interest may nevertheless respond to questions concerning any such measure. A personal or private interest in a measure is an interest which tends to impair a Council Member's or Mayor's independence of judgment in the performance of his or her Council duties with respect to that measure.
(b) A Council Member or Mayor has an interest which tends to impair his or her independence of judgment in the performance of his or her Council duties with regard to any measure when:
(1) the enactment or defeat of the measure would result in a financial benefit or detriment to accrue to the Council Member, Mayor or a close relative to a greater extent that such benefit or detriment would accrue to others who are members of the same class or group of persons, or
(2) the Council Member or Mayor or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by a measure to a lesser or greater extent than like enterprises or other interests in the same enterprise. (74 Del. Laws, c. 302, 6/30/04)
7.5 Vacancies, Forfeiture of Office.
7.5.1 Vacancies. The office of Mayor or City Councilmember shall become vacant upon death, resignation, lawful removal from, or forfeiture of office.
7.5.2 Forfeiture Proceedings. A forfeiture of his office shall occur when the Mayor or any Councilmember:
(a) lacks, at any time during his or her term of office, any qualification for the office prescribed by this Charter or by law.
(b) willfully violates any express and substantive prohibition in this Charter.
(c) is convicted of a felony or any crime involving moral turpitude anywhere in the United States.
(d) fails to attend three consecutive regular council meetings without being excused by Council.
7.5.3 Determination Concerning Forfeiture.
Where the conditions set forth in 7.5.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in 7.5.2 (a) or (b) are alleged to have occurred, a determination concerning such alleged forfeiture shall be made by the Council, but the affected party shall not have a vote in any such decision. Such deliberations may be held in executive session and if the Council determines by a unanimous vote of the Council members entitled to vote on the question, that a forfeiture has occurred, it shall, within forty-eight hours of that determination, provide written notice thereof to the affected Council member, stating specific reasons. The affected party shall then have ten days in which to make a written demand for a public hearing before the Council, to be held within twenty days of the written demand, at which hearing he or she may appear with the assistance of counsel and present evidence to the relevant issues. Thereafter, the Council shall hear any other relevant evidence and vote again on the question of forfeiture; and if a determination of forfeiture is again made by a unanimous vote by secret ballot of the Council members entitled to vote on the question, that decision, with a statement of the reasons therefor, shall be placed in the minutes and shall be final. Written notice of the decision shall be sent by certified mail, return receipt requested, within 48 hours of the decision.
7.5.4 Failure to Request Hearing as a Bar. Failure of the affected person to make written demand for a public hearing as hereinabove stated shall be an absolute bar to his right to challenge the Council's decision. Public hearing may be waived by the affected Council member. During, or in connection with, any such proceedings, the Council shall have authority to subpoena witnesses, administer oaths, take testimony, and require the production of documentary or physical evidence, all of which shall be done if requested in writing by the affected person.
7.6 Filling Vacancies on Council. In case of a vacancy in the office of Mayor or on the Council, the remaining Council members shall elect another qualified person to serve for the remainder of that vacant seat's term; provided, however, that if a vacancy shall occur in the office of Council member, the unexpired term of which shall be for more than one (1) year, the Council shall elect another qualified person to serve only until the next annual election, at which time there shall be elected a suitable person to fill the remainder of the term of said office.
7.7 Compensation. The Council shall determine the compensation per meeting and emoluments of the Mayor and Council by ordinance or policy. Members of Council, the Mayor and appointed officials shall receive reimbursements for actual and necessary expenses incurred when on official business as prescribed by ordinance or policy. (74 Del. Laws, c. 302, 6/30/04)
7.8 Reimbursement of Expenses. The Mayor and members of Council shall be reimbursed for their actual and necessary expenses while on City business which has been duly authorized by motion, resolution or order of Council.
8. Annual Report to the Electors of the City.
At the organizational meeting of the City Council held in June of each year, the City Council shall present an annual report concerning the business of the City for the past year, as well as plans for improvements contemplated to be made during the succeeding year. Due notice of the time and place of the presentation of the annual report shall be published in a newspaper of general circulation within the City at least ten (10) days prior thereto.
The meeting shall be organized and conducted by the Mayor or his appointee and the Clerk of Council.
No action taken at this meeting shall be binding on the Mayor and Council, the intent of this meeting being that it be a means of informing the electors of the business affairs of the City. (73 Del. Laws, c. 145, 7/9/01)
9. Meetings.
9.1 Regular Meetings. The City Council shall meet regularly not less than once each month, during the year. The time and place of each regular meeting shall be set by Council each year at their organizational meeting, but Council shall not hereby be prohibited from rescheduling such meetings from time to time during the year as need arises.
9.2 Special Meeting; Waiver of Notice. Special meetings shall be called by the Council Clerk upon the request of the Mayor, or upon the request of any four members of Council, stating the day, hour and place of the special meeting requested and the subject or subjects proposed to be considered thereat. Such notice to Council must be deposited in the U.S. mail in the main post office in the City at least 24 hours prior to the time set for such special meeting; provided, however, that a waiver of such notice, (written, telegraphic, facsimile, or recorded telephonic message) by all members of Council prior to or immediately upon the convening of such special meeting shall make the 24 hour written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time and for any purpose named in such waiver, if the waiver so states. Subject to the scope of the notice, the City Council shall have the same power and authority to enact all ordinances, adopt all resolutions, pass all motions, make all orders and transact all business at any such special meeting, called as aforesaid, as Council has at a regular meeting. (74 Del. Laws, c. 302, 6/30/04)
9.3 Adjourned Meetings. The City Council may adjourn its meetings from time to time, stating the date, place, and time to which such meeting shall be reconvened. (71 Del. Laws, c. 279, 5/19/98)
9.4 Place of Meetings. In the absence of emergency or other compelling circumstances, no action may be taken by the City Council except at a duly convened regular or special meeting, held in the City of Harrington, Delaware.
10. Manner of Acting.
10.1 Rules of Procedure, Record of Proceedings. The City Council may determine its own rules of procedure and order of business. It shall keep a record of its proceedings. The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered, together with the text of the ordinance or resolution upon the Journal of the proceedings of the Council. Any member of the Council who is present at a meeting and who does not vote or who abstains from voting on any ordinance, resolution, or order shall state his reasons for not voting or for abstaining. The Journal shall be deemed conclusive evidence of the facts stated herein.
10.2 Ordinances. The Council is hereby vested with the authority to enact ordinances or resolutions relating to any subject within the powers and functions of the City, or relating to the government of the City, its peace and order, its sanitation, beauty, health, safety, convenience and property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances on any particular subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated.
In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:
(a) Adopt, repeal or amend an administrative code, or establish or abolish any City department, office, or agency;
(b) Provide for a fine or other penalty or establish a rule of regulation for violation of which a fine or other penalty may be imposed;
(c) Grant, renew or extend a franchise;
(d) Amend or repeal any ordinance previously adopted.
Acts other than those referred to in the preceding may be done either by ordinance or by resolution. Every ordinance shall be introduced in writing.
Vote on any ordinance may be by voice vote or written vote and the vote of each Council member on any ordinance shall be entered on the record.
10.3 Quorum. A majority of the members elected to the City Council shall be physically present in order to constitute a quorum to conduct business, but if a lesser number be present at any regular or properly called special meeting, they may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance adopted by the majority of the entire Council.
10.4 Vote Necessary to Carry Action. In the performance of their duties, the acts, doings, and determinations of a majority of the City Council members present at any duly called meeting at which a quorum is present shall be as good as the acts, doings, and determinations of all the members of the Council.
11. Appointed Officers.
11.1 City Manager. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.1.1 Appointment, Term. The Council shall appoint a City Manager who shall be the chief administrative officer of the City. He/she shall be appointed solely on the basis of his/her professional, executive, and administrative qualifications. He/she need not, when appointed, be a resident of the City or of the State of Delaware, but shall, within three (3) months of his/her employment, become domiciled within such radius of the City Hall as reasonably determined by Council at the time of his/her appointment. No member of Council shall, during the term for which elected, be appointed to act as City Manager. The City Manager shall be appointed for an indefinite term, but shall be removable at the pleasure of the Council. Before the City Manager may be removed he/she shall be given a written statement of the reasons alleged for his/her removal and shall be granted, if he/she demands in writing filed with Clerk of Council within five (5) days after receiving the written notice of his removal, the right to be heard publicly thereon at a meeting of council, but pending and during such hearing the Council may suspend him/her from office under such terms and/or conditions as specified by Council. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Council. In case of the absence, disability, or suspension of the City Manager, the Council may designate some other competent person to perform the duties of the office during such absence, disability or suspension. Any reference in any previously enacted ordinance to City Manager shall be construed as referring to the City Manager. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
11.1.2 Vacancy from Office. In the event of a vacancy in the office of City Manager, the duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.1.3 Responsibilities Relating to City Employees. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City placed in his/her charge, and to that end, except as otherwise provided herein: He/she shall seek applications, interview applicants, select and recommend the applicant he/she feels most qualified for a position in the administrative services of the affairs of the City under his/her charge and present such application along with his/her recommendations on all applicants to the City Council or its designated Committee for their review and action. All such appointments shall be without definite term. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.1.4 Removal of City Employees. Employees under the authority of the City Manager may be removed by him/her at any time. The employees shall have the right to appeal such dismissal per the Employee Handbook Grienvance Procedure. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
11.1.5 Council Not To Interfere. Except for the purposes of inquiry, the Council and its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through the City Manager, and neither Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately; provided, however, in the event of any emergency, (i.e. storms, water leaks, sewer blockages, etc.), wherein the City Manager is not available or he/she requests assistance, the Mayor or any Council member may take charge and in so doing may give direct orders to any employee of the City until such time that the emergency situation is abated and whatever clean-up work necessitated completed. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
11.1.6 Responsibility to Council. It shall be the duty of the City Manager to supervise the administration of the affairs of the City under his charge; to make such recommendations to the Council concerning the affairs of the City as may seem to him desirable, to keep Council advised of the future needs of the City, to prepare and submit to Council such reports as may be required by that body, and to perform such other duties as may be prescribed by this Charter or required of him/her by ordinances or resolution of Council. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
11.1.7 Duties of City Manager. The City Manager shall have charge of the water and sewer systems of the City. He/she shall have charge of the supervision of the streets, gutters, curbs, and sidewalks of the City and of all work relating thereto. He/she shall have charge of the administration of all provisions of this Charter and ordinances and regulations of the Council relating to affairs of the City, when not otherwise provided for by this Charter or by ordinance or resolution of Council. He/she shall be ex-officio Collector of Taxes for the City. It shall be his/her duty to collect all water rents and fees for the tapping of water mains and sewers and all City revenues from any source whatsoever. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
He/she shall make such reports and at such times as the Council shall direct.
11.1.8 Bond. The Council may require the City Manager to give bond in such amount and such form and with such surety as the Council shall approve, said Bond to be paid by the City. (74 Del. Laws, c. 302, 6/30/04;76 Del. Laws, Ch. 184, 1/24/08)
11.2 Clerk of Council. The Council Clerk shall keep a record of the proceedings of the Council and perform such other duties and have such powers as may be prescribed by ordinance or by this Charter. The City Manager shall not serve as Clerk of Council. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.3 City Solicitor. At the annual meeting, the Council shall appoint a City Solicitor for the term of one year or until his successor has been duly chosen and qualified.
The City Solicitor may be removed during his term by a vote of three-fourths of the members elected to Council.
The City Solicitor shall be a member in good standing of the Bar of the State of Delaware who shall have offices in Kent County and shall have practiced in the State of Delaware for at least three (3) years. He shall be the Chief Legal Advisor of and Attorney for the City. It shall be his duty, either personally (or by such assistants as he may designate), to attend meetings of Council as prescribed by Council, to give advice in writing and to perform other legal services as may be required of him by Council, the City Manager, or other designated officers of the City. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.4 Alderman. (position deleted)
11.4.1 Jurisdiction. Jurisdiction over civil misdemeanors and fines is hereby remanded to J.P. Court.
11.5 Police Force.
11.5.1 Chief of Police; Police Officers. The Chief of Police shall be hired by the Council, in the same procedure as the City Manager and shall have authority over the Police Department. The subordinate members of the police force shall each be appointed by the City Council upon the recommendation of the Chief of Police for an indefinite term and may be removed for just cause by a majority vote of all the elected members of the City Council. The police force shall preserve peace and order and shall compel obedience within the City limits to the ordinances of the City and the laws of the State of Delaware. The police force shall have such other duties as the City Council shall from time to time prescribe. Operational control of the daily routine and responsibilities of the Police Force shall be the responsibility of the Chief of Police. The authority of the Chief of Police shall be subordinate and answerable to the Mayor and the City Council. The Council may, from time to time, make rules and regulations as may be necessary for the organization, government and control of the Police Force. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws, Ch. 184, 1/24/08)
11.5.2 Power and Duties. Within the City limits of the City of Harrington and one mile beyond said limits, each member of the police force shall have all the police powers and authority of a State Peace Officer and shall be conservators of the peace; they shall suppress all acts of violence and enforce all laws relating to the safety of persons and property; they shall compel the enforcement of all ordinances enacted by the City Council, and of all criminal laws and motor vehicle laws enacted by the State of Delaware; and they shall suppress riotous, disorderly or turbulent assemblages of persons in all public ways and places of the City, and upon view of the above or upon view of any violation of any ordinance of the City relating to the peace and good order thereof, the police force shall have the right and power to arrest without warrant. In the case of a pursuit of an offender, the power and authority of the police force shall extend outside the territorial limitations of the City of Harrington to any part of the State of Delaware.
11.6 Other Officers, Employees, and Agents. The City Council may provide for the appointment or hiring of such other officers, employees and agents of the City, which it may deem proper and necessary, for the proper conduct and management of the City. Unless governed by the terms of a written contract, a written personnel policy, a written personnel classification or merit system, or a written grievance or disciplinary procedure duly adopted by the City Council, any such officers, employees and agents of the City, may be removed at any time, with or without cause, by the City Council at the pleasure of the City Council.
11.7 Compensation. The City Council shall, by ordinance, budget or resolution, fix the amount of any salaries or compensation for the employees, officers and agents of the City, provided that the Mayor and City Council members shall not be included under this subsection. No officer, employee or agent of the City shall in any form have, take, or receive from the City any compensation, in addition to the salary or compensation fixed by the City Council, except for reimbursement for actual and necessary expenses incurred by them in the performance of their duties, if such reimbursement be authorized and approved by motion, resolution or order of Council. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws. c. 184, 1/24/08)
11.8 Personnel Records. The City Council shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the City, containing the names of such officers, employees and agents, the dates of their employment, any salary or compensation to be by them received, the date of the termination of their services, and any other relevant personnel employment information. (74 Del. Laws, c. 302, July 12, 2004; 76 Del. Laws. c. 184, 1/24/08)
12. Assessment for Taxes.
12.1 Adoption of Kent County Assessments. The City Council may adopt the assessments of Kent County for any or all property located within the corporate limits of the City of Harrington, in lieu of making its own independent assessment and valuation, anything herein to the contrary notwithstanding. In such event, the assessed values established by Kent County for the then-current tax year shall be conclusive for purposes of levying City taxes, and the City Council shall have no authority to hear appeals (under §12.5) regarding same. If the City Council elects to adopt the Kent County Assessments, only this section and §12.4.2 (Additions to Tax Bills) shall have effect for that tax year; but the City Council shall have authority to consider appeals concerning any additions to tax bills under §12.4.2 at any regular or special meeting. Council shall elect to adopt the Kent County Assessments no later than May 1 of each year.
12.2 Local Assessment; Board of Assessment.
12.2.1 Appointment, Indefinite Term. The Mayor may with the advice and consent of the City Council, appoint a Board of Assessment composed of no more than six (6) members, each of whom shall be domiciled within the corporate limits of the City, and who shall serve for a one year term. (74 Del. Laws, c. 302, 6/30/04)
12.2.2 Oath, Duties, Compensation. The Board of Assessment shall be sworn or affirmed by the Mayor to perform their duties diligently, with fidelity and without favor to the best of their ability, knowledge, and judgment. It shall be the duty of the Board of Assessment to make a fair and impartial assessment of property subject to taxation situate within the limits of the City of Harrington and to perform such other duties with reference thereto as shall be prescribed from time to time by the City Council. The compensation to be by them received for the performance of their duties and/or the hiring of employees to assist them in the performance of their duties, shall be fixed by and subject to the approval of the City Council.
12.2.3 Professional Assessors to Assist. In addition to the appointed Board of Assessment, it shall be within the discretion of the Council to retain the services of a professional assessor to assist the Board of Assessment in performing the duties of the office to which they were appointed.
12.3 Assessment Procedure.
12.3.1 General Assessment. In the year 1992 and every tenth year thereafter, if the Kent County assessment has not been adopted, there shall be made a true, just and impartial valuation and assessment of all the real property within the limits of the City, locating each parcel of real property by street and number or other description with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners or a wrong name on an assessment to "Owner Unknown" shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided, however, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds, in and for Kent County.
12.3.2 Scrap Assessment. The assessment made in the year 1992 and every tenth year thereafter, shall be known as the general assessment. In other years, there may be a scrap assessment as hereinafter provided.
The scrap assessment shall value and assess all taxable real property in the City not already valued and assessed by the general assessment then in force, and all improvements made upon real property since said general assessment.
The general assessment then in force, as supplemented or modified by the scrap assessment aforesaid, shall constitute the assessment for the then-current tax year, (unless, in that tax year, the City Council elects to adopt the Kent County Assessment as provided in §12.1).
12.3.3 Assessment of Members of Board of Assessment. The real property of the members of the Board of Assessment shall be assessed by the City Council of the City of Harrington.
12.4 Delivery of Assessment List; Additions to Tax Bill.
12.4.1 Delivery of Assessment List. In any year that the City Council does not elect to use the Kent County Assessments under §12.1, the Board of Assessment, after making such assessment, shall deliver to the City Council a list containing the names of owners of all properties assessed and the amount of assessment against each. The Board of Assessment shall also deliver at such time as many copies of said list as the City Council shall direct.
12.4.2 Additions to Tax Bills. Whether utilizing the Kent County assessments or those prepared by the City's own Board of Assessment, the City Council may annually, prior to the posting of the assessment list, by resolution, provide for the City Manager a list of any and all charges, costs or other assessment owed to the City, which list of charges incurred shall include, but not limited to, the following: water bond sinking fund assessments, sidewalk assessments, curb and gutter assessments, water assessments, weed and grass cutting bills, trash collection bills, past due water rents and/or past due charges for sanitary sewer service. Said amounts, when adopted and set forth by resolution of Council, shall be shown on the copies of the assessments posted pursuant to the provisions of §12.5.1 of this Charter. (74 Del. Laws, c. 302, 6/30/04; 76 Del. Laws. c. 184, 1/24/08)
12.5 Assessment Appeals.
12.5.1 Posting of Assessment List; Notice. Immediately upon receiving the assessment list from the Board of Assessment, the City Council shall cause a full and complete copy of the same, containing the amount assessed to each taxable, to be made available for public inspection at the City Office, and there it shall remain for a period of at least fifteen (15) days for the information of and examination by all concerned. Appended thereto, and also in three or more public places in the City, shall be posted notice advertising to all concerned the date and place where the assessment list has been made available, and that, upon a certain day, place and time mentioned therein (not earlier than 15 days after the availability of the true and correct copy of the assessment list), the City Council will sit as a Board of Revision and Appeal to hear appeals from the said assessment and to make such corrections and revisions as it deems appropriate.
Such notice shall also be published at least once in a newspaper of general circulation in the City of Harrington not less than 10 days prior to the date set for such appeals.
12.5.2 Appeals Day. "Appeals Day" shall be on or before the first day of April. On the day set for such appeals, the City Council shall sit as a Board of Revision and Appeal to hear appeals from the said assessment and to correct and revise the assessment list as they deem appropriate. The City Council shall have full power and authority to correct, alter, revise, add to, and take from the said assessment. The decision of the Council shall be final and conclusive, unless an appeal is taken to the Superior Court of the State of Delaware in and for Kent County within ten (10) days from the date of the City Council's decision.
No member of the City Council shall sit on his own appeal, but the same shall be heard and determined by the other members of the City Council.
The Board of Assessment shall be present on the day fixed for hearing appeals and shall furnish to the City Council such information and answer such questions as the City Council may require in respect to any assessment for which an appeal has been taken. The City Council shall have the authority to enforce the attendance of the Board of Assessment by appropriate process. The assessment as approved, revised, or adjusted by the Council as aforesaid shall be the basis for the levy of taxes of the City (unless the City Council has elected to use the Kent County Assessments for that tax year).
12.5.3 Assessment and Taxation of Gas Mains, Telephone, Telegraph, and Power Poles and Appurtenances. The Council shall have the right to levy and collect on gas mains, telephone, telegraph and power poles or other erections of like character within the limits of the City, together with wires and appliances thereto or thereon attached, and to this end may at anytime direct the same to be included in or added to the city assessment. (74 Del. Laws, c. 302, July 12, 2004)
13. Annual Budget; Determination of Revenue Needs and Sources.
13.1 Annual Budget. On or before the first day of May each year, the Budget Committee and the City Manager shall prepare and submit to the Council a budget, presenting a financial plan for conducting the affairs of the City for the ensuing fiscal year. (76 Del. Laws. c. 184, 1/24/08)
The budget shall include the following information:
(a) A detailed statement showing the expenses of conducting each department and office of the City for the current year and last preceding year.
(b) A detailed estimate of the expenses of conducting each department and office of the City for the ensuing fiscal year with reasons for the increases and decreases recommended.
(c) The amount of the debt of the City together with a schedule of maturities of bond-issues.
(d) A statement showing the amount required for interest on the City debt and for paying off any bonds maturing during the year and the amount required for the sinking fund.
(e) An itemized statement of all anticipated income of the City with a comparative statement of the amounts received by the City from each of the same or similar sources for the past preceding and current fiscal year.
(f) Such other information as the City Manager may think desirable or as may be required by Council. The Council shall, on or before the thirtieth day of June in each year, adopt a budget for the succeeding fiscal year. The Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations. (74 Del. Laws, </