Laurel
Incorporation
Section 1.
The inhabitants of the Town of Laurel within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic incorporated in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of Judicature whatsoever by the corporate name of ... “The Town of Laurel".
Territorial Limits
Section 2.
The present boundaries and limits of The Town of Laurel are hereby established and declared to be as follows: BEGINNING at the intersection of the southern bank of Broad Creek at its intersection with the eastern bank of Little Creek; thence in an easterly direction and following the meanderings of the southern bank of Broad Creek such distance as is required to reach the western bank of Spring Branch; thence following the meanderings of the western bank of Spring Branch in a northerly direction to the intersection with the northern property line of lands of The Town of Laurel which are part of The Town of Laurel Wastewater Treatment Plant; thence following the property line of lands of The Town of Laurel in an easterly and northerly direction to the southern right of way line of Old Sailor Road: thence following the southern right of way line of Old Sailor Road in a southeasterly direction such distance as is required to reach the western right of way line of Penn Central Railroad Company (sometimes known as Conrail); thence in a southern direction along and with the western right of way line of Penn Central Railroad Company such distance as is required to reach the southern bank of Broad Creek; thence following the meanderings of the southern bank of Broad Creek in an easterly direction such distance as is required to reach the eastern right of way line of Poplar Street; thence along and with the eastern right of way line of Poplar Street in a northern direction such distance as is required to reach the intersection of the eastern right of way line of Poplar Street with the center line of State Route 78; thence along and with the center line of State Route 78 in a northwesterly direction such distance as is required to reach the line of lands now or formerly of W. Franklin Oliphant; thence along and with the property line of lands now or formerly of W. Franklin Oliphant to the eastern right of way line of Vineyard Road to line of lands now or formerly of Leland Parsons; thence along and with the property line of lands now or formerly of Leland Parsons to the center line of U.S. Route 13A; thence in a southerly direction with the center line of U.S. Route 13A to line of lands now or formerly of Dairy Markets, Inc. and Elsie D. Truitt; thence in an easterly direction along and with the line of lands now or formerly of Dairy Markets. Inc., such distance as is required to reach the northwesterly right of way line of Delaware Route 468; thence crossing Delaware Route 468 to the southeasterly right of way line of Delaware Route 468; thence along and with the southeasterly right of way line of Delaware Route 468 such distance as is required to reach the northeastern intersection of Wilson Street and Delaware Route 468; thence along and with the Southeastern right of way line of Delaware Route 468 North 16 degrees 03 minutes West a distance of 1,027.98 feet or such distance as is required to reach a point in the division line of lands now or formerly of Hazel Moore; thence along and with the division line of lands now or formerly of Hazel Moore South 65 degrees 09 minutes East such distance as is required to reach a point in the northwestern right of way line of Delaware Route 468; thence along and with the northwestern right of way line of Delaware Route 468 in a southerly direction to an extension of the line of lands now or formerly of Edward N. and Alverna J. Dickerson; thence with the extension of the line of lands now or formerly of Edward N. and Alverna J. Dickerson in a southerly direction and crossing Delaware 468 to a point in the line of lands now or formerly of Edward N. and Alverna J. Dickerson and with the lands now or formerly of Edward N. and Alverna J. Dickerson easterly to a corner of lands now or formerly of Edward N. Dickerson and Alverna J. Dickerson, Paul Barron and A. H. Mumford Estate; thence with the line of lands now or formerly of Paul Barron and A. H. Mumford Estates in a southerly direction to the southeastern right of way line of Daniel Street Extended; thence along and with the southeastern right of way line of Daniel Street Extended westerly to the southeastern intersection of Wilson Street and Daniel Street; thence along and with the eastern right of way line of Wilson Street such distance as is required to reach the southeastern intersection of Wilson Street and Delaware Route 9; thence along and with the southerly right of way line of Delaware Route 9 in an easterly direction such distance as is required to reach the westerly bank of an unnamed branch or ditch; thence following the meanderings of the unnamed branch or ditch in a southerly direction such distance as is required to reach the northerly bank of Record's Pond; thence across Records' Pond in a generally Southeasterly direction to a point at the intersection with the eastern right of way line of King Street Extended; thence in a straight line to the southern right of way line of Oak Lane Drive; thence from the southern right of way line of Oak Lane Drive in a southerly direction to the intersection with Rossakatum Branch, thence following Rossakatum Branch to a point at the comer of lands now or formerly of Laurel School District; thence in a western direction along and with the lands now or formerly of Laurel School District, such distance as is required to reach a point in the easterly right of way line of U. S. Route 13A; thence along and with the eastern right of way line of U. S. Route 13A in a southerly direction such distance as is required to reach a point in the extension of the southern property line of lands now or formerly of Charles N. Landon, Inc.; thence along and with extension of the southern property line of lands now or formerly of Charles N. Landon, Inc. and the southern property line of lands now or formerly of Charles N. Landon, Inc., In a westerly direction such distance as is required to reach the intersection with the eastern right of way line of the Penn Central Railroad Company: thence in a northerly direction along and with the eastern right of way line of the Penn Central Railroad Company in a northerly direction such distance as is required to reach a point marking the northwestern corner of the property now or formerly of Charles N. Landon, Inc. and the eastern right of way line of the Penn Central Railroad Company; thence in a westerly direction Such distance as is required to reach the eastern bank of Little Creek; thence following the meanderings of the eastern bank of Little Creek in a northerly and northwesterly direction, home to the place of beginning.
Annexation Of Territory
Section 3.
In the event it becomes feasible and necessary in the future for The Town of Laurel to enlarge its then existing limits and territory, such annexation accomplished pursuant to the following procedures shall be lawful:
(a) If all of the property owners of the territory contiguous to the then existing corporate limits and territory of The Town of Laurel, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they own property, the Mayor of The Town of Laurel shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition represented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Laurel. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Laurel and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Laurel may then pass a second Resolution annexing such territory to The Town of Laurel. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the procedure to be followed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or more property owners but less than all the property owners of a territory contiguous to the then limits and territory of The Town of Laurel.
(b) If five (5) or more property owners but less than all of the property owners of a territory contiguous to the then limits and territory of The Town of Laurel by written Petition with the signature of each such Petitioner duly acknowledged shall request the Town Council to annex that certain territory in which they own property, the Mayor of The Town of Laurel shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the Town Council, by majority vote of the elected members thereof may, by resolution, propose that a committee composed of not less than three (3) of the elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Laurel.
(c) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town Council of Laurel. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Laurel and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second Resolution shall then be passed by the Town Council proposed to the property owners and residents of both The Town of Laurel and the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its then limits and territory. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the Committee, the Resolution proposing annexation to the property owners and residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds (2/3) of the elected members of the Town Council. If the Resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one (1) year from the date that the Resolution failed to receive the required affirmative vote. The second Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted by the Town Council setting forth the above information shall be printed in a newspaper having a general circulation in The Town of Laurel and in the territory proposed to be annexed at least one (1) week prior to the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall be posted in four (4) public places both in The Town of Laurel and in the territory proposed to be annexed.
(d) Following the public hearing, but in no event later than thirty (30) days thereafter, a Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. Passage of this Resolution shall ipso facto be considered the determination of the Town Council to proceed with the matter of the proposed annexation.
(e) The notice of the time and place of said Special Election shall be printed within thirty (30) days immediately preceding the date of this Special Election in at least two (2) issues of a newspaper having a general circulation in The Town of Laurel and in the territory proposed to be annexed, or, in the discretion of the Town Council, the said notice may be posted in four (4) public places, both in The Town of Laurel and in the territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special Election.
(f) At the Special Election, every property owner, whether an individual, partnership or a corporation both in The Town of Laurel and in the territory proposed to be annexed shall have one (1) vote. Every citizen of either The Town of Laurel or of the territory proposed to be annexed over the age of eighteen (18) years who is not a property owner shall have one (1) vote. In the event that a person owns property both in The Town of Laurel and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in The Town of Laurel and in the territory proposed to be annexed but does not reside in either place, he may vote only in The Town of Laurel and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The Town of Laurel in the case of property owners and citizens of the Town and the books and records of the Board of Assessment of Sussex County in the case of property owners and residents of the territory proposed to be annexed shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election.
(g) In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically authorizing the said individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed in the Office of the Town Manager of The Town of Laurel. Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election.
(h) The Town Council of The Town of Laurel shall cause voting machines to be used or, in the discretion of the Town Council, paper ballots may be used in the Special Election, the form of ballot to be printed as follows:
For the proposed annexation _____
Against the proposed annexation _____
(i) The Mayor of The Town of Laurel shall appoint three (3) persons to act as a Board of Special Election, at least one (1) of whom shall own property in The Town of Laurel and at least one (1) of whom shall own property in the property proposed to be annexed. One (1) of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The Board of Special Election shall have available, clearly marked, two (2) voting machines or, in the discretion of the Town Council, paper ballots may be used in which the Board of Election shall have available sufficient ballots. All votes cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by those persons, partnerships, or corporations who are authorized to vote as residents or property owners of The Town of Laurel shall be accomplished on the other such voting machine. In the event paper ballots are used, the Board of Election shall have available two (2) ballot boxes. All ballots cast by the persons, partnerships or corporations authorized to vote as resident or property owners in the territory proposed to be annexed shall be deposited in one such ballot box and all ballots cast by those persons authorized to vote as residents or property owners of The Town of Laurel shall be deposited in the other such ballot box. The polling place shall be open from twelve o'clock noon, prevailing time, until six o'clock in the afternoon, prevailing time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls.
(j) immediately upon the closing of the polling place the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a Certificate under their hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the same to the Town Council of The Town of Laurel. Said Certificate shall be filed with the papers of the Town Council.
(k) in order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from The Town of Laurel and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for a period of at least one (1) year from the date of the said Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Laurel shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, but in no event shall said recordation be completed more than ninety (90) days following the date of the said Special Election. The territory considered for annexation shall be considered to be a part of The Town of Laurel from the time of recordation. The failure to record the description or the plot within the specified time shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the favorable Special Election.
(l) If the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books on the Board of Assessment of Sussex County, no election shall be necessary and the Town Council of The Town of Laurel may proceed to annex such territory by receiving a certified copy of a Resolution requesting such annexation if such property is owned by a corporation or by a written Petition with the signature of each such Petitioner duly acknowledged, if such property is owned by an individual, requesting the Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the Petition shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of The Town of Laurel shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Laurel. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Laurel and to the territory proposed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Laurel may then pass a second Resolution annexing such territory to The Town of Laurel. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected members of the Town Council. If the Resolution fails to receive the required number of votes, no part of the territory proposed for annexation shall again be proposed for annexation for a period of one (1) year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the Town Council of The Town of Laurel shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County and in no event shall such recordation be completed more than ninety (90) days following the passage of the Resolution. The territory considered for annexation shall be considered to be a part of The Town of Laurel from the time of recordation. The failure of the Town Council to record the description and plot within the time hereinbefore specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the passage of the Resolution.
Structure Of Government
Section 4.
(a) The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in the Mayor and the Town Council. The Town Council shall be composed of six (6) members, each of whose terms shall be for a period of four (4) years, commencing at the Organization Meeting of the Town Council following his election and continuing until his successor is duly elected and qualified. The term of the Mayor shall be two (2) years, commencing at the Organization Meeting and continuing until his successor is duly elected and qualified. All references in this Charter to the Council or Town Council performing its functions shall be deemed to include the Mayor as a voting member thereof.
(b) Four members of the Town Council shall be nominated and elected from the several Wards in which they reside, and two (2) members shall be nominated and elected from the Town at large. No more than two (2) members of the Council shall be nominated and elected from any one (1) Ward, and if, at any time, by removal from a Ward or a change of Ward limits or otherwise, more than two (2) members of the Town Council shall become residents of the same Ward, the term of office of that member last becoming a resident of the Ward shall immediately terminate and the office shall become vacant. If the Mayor or any member of the Town Council shall cease to be a resident of the Town, the term of office shall end and the office shall immediately become vacant.
(c) If a vacancy, for whatever cause, shall occur in the office of Mayor, the President of the Town Council shall nominate a qualified person to hold office for the remainder of the term with the advice and consent of a majority vote of the elected members of the Town Council. Such person so confirmed shall serve as Mayor until the next General Municipal Election.
(d) If a vacancy, for whatever cause, shall occur in the office of any member of the Town Council, the Mayor shall nominate a qualified person to hold office for the remainder of the term with the advice and consent of a majority of the remaining members of the Town Council. Such person so nominated and confirmed shall serve as a member of the Town Council for the remainder of the term.
(e) The Mayor shall receive an annual salary of $1,920, the time of payment to be determined by the Town Council, but in no event shall such salary be paid less than quarterly. The salary of the mayor may be increased by a Resolution adopted by two-thirds of all of the elected members of the Town Council. (75 Del. Laws, Ch. 46, 6/14/05)
(f) Each member of the Town Council shall receive an annual salary of $960, the time of payment to be determined by the Town Council, and to be the same as the time of payment of the salary of the Mayor, but in no event shall such salary be paid less frequently than quarterly. The salary of the members of the Town Council may be increased by a Resolution adopted by two-thirds of all the elected members of the Town Council, but in no event shall the salary for a member of the Town Council equal or exceed the salary to be paid to the Mayor. (75 Del. Laws, Ch. 46, 6/14/05)
Ward Limits
Section 5.
There are hereby created and established four (4) Wards for The Town of Laurel, as follows:
(a) First Ward: Beginning at a point in the center line of Central Avenue at its intersection with the center line of Front Street; thence in an easterly direction along and with the center line of Front Street, Cooper Street, and Fourth Street to a point in the eastern corporate limits of The Town of Laurel; thence in a southern direction along and with the eastern corporate limits of 'Me Town of Laurel to the Intersection of the eastern corporate limits of the southern corporate limits of The Town of Laurel: thence along and with the southern corporate limits of The Town of Laurel in a westerly direction to the intersection of the southern corporate limits of The Town of Laurel with the center line of Central Avenue; thence in a northerly direction along and with the center line of Central Avenue to the place of beginning.
(b) Second Ward: Beginning at a point in the center line of Central Avenue at its intersection with the center line of West Sixth Street; thence in a westerly direction with the center line of West Sixth Street to the intersection of the center line of West Sixth Street and the center line of Webb Avenue; thence in southerly direction with the center line of Webb Avenue to its intersection with the center line of West Seventh Street; thence in a westerly direction with the center line of West Seventh Street to its intersection with the center line of Greens Avenue; thence in a southerly direction with an extension of Greens Avenue to the northern bank of Little Creek, thence following the meanderings of the northern bank of Little Creek to its intersection of the southern bank of Broad Creek; thence following the meanderings of the southern bank of Broad Creek to its intersection with the western bank of Spring Branch; thence following the western bank of Spring Branch in a northerly direction to the intersection with the northern property line of lands of The Town of Laurel; thence following the property line of lands of The Town of Laurel; thence following the property line of lands of The Town of Laurel in an easterly and northerly direction to the southern right of way lane of Old Sailor Road; thence in a southeasterly direction and following the southern right of way line of Old Sailor Road to its intersection with the western right of way line of Penn Central Railway line of Penn Central Railroad Company; thence in a southern direction with the western right of way line of the Penn Central Railroad Company to the intersection of the right of way line of the Penn Central Railroad Company with the southern bank of Broad Creek; thence following the meanderings of the southern bank of Broad Creek in an easterly direction to its intersection with the eastern right of way line of Poplar Street; thence along and with the eastern right of way line of Poplar Street in a northern direction to the intersection of the eastern right of way line of Poplar Street with the center line of Central Avenue; thence with the center line of Central Avenue in a southerly direction the place of beginning.
(c) Third Ward: Beginning at the intersection of the center line of Central Avenue and West Sixth Street; thence along and with the center line of Central Avenue in a southerly direction to southern corporate limits of The Town of Laurel; thence in a westerly direction along and with the southern corporate limits of The Town of Laurel to the intersection of the southern corporate limits of The Town of Laurel and the eastern right of way line of Penn Central Railroad Company; thence in a northerly direction along and with the eastern right of way line of' Penn Central Railroad Company to the intersection of the eastern right of way line of Penn Central Railroad Company and the lands now or formerly of Charles N. Landon, Inc., also a corner of the southern corporate limits of The Town of Laurel; thence in a westerly direction along and with the southern corporate limits of The Town of Laurel to the eastern bank of Little Creek; thence following the meanderings of the eastern bank of Little Creek to its intersection with the extension of the center line of Greens Avenue; thence in a northerly direction with the center line of the extension of Greens Avenue to its intersection with the center line of West Seventh Street; thence in an easterly direction with the center line of West Seventh Street to its intersection with the center line of Webb Avenue; thence in a northerly direction with the center line of Webb Avenue to its intersection with the center line of West Sixth Street; thence in an easterly direction with the center line of West Sixth Street to its intersection with the center line of Central Avenue, the place of beginning.
(d) Fourth Ward: Beginning at the intersection of the center line of Central Avenue with the center line of Front Street; thence in a northerly direction along and with the center line of Central Avenue to its Intersection with the center line of State Route 78 and a point in the corporate limits of The Town of Laurel; thence along and with the center line of State Route 78 in a northwesterly direction such distance as is required to reach the line of lands now or formerly of W. Franklin Oliphant; thence along and with the property line of lands now or formerly of W. Franklin Oliphant to the eastern right of way line of Vineyard Road to the line of lands now or formerly of Leland Parsons; thence along and with the property line of lands now or formerly of Leland Parsons to the center line of U.S. Route 13A; thence in a southerly direction with the center line of U.S. Route 13A to the line of lands now or formerly of Dairy Markets, Inc., and Elsie D. Truitt; thence in an easterly direction along and with the line of lands now or formerly of Dairy Markets, Inc., such distance as is required to reach the northwesterly right of way line of Delaware Route 468; thence crossing Delaware Route 468 to the southeastern right of way line of Delaware Route 468; thence along and with the southeasterly right of way line of Delaware Route 468 such distance as is required to reach the northeasterly intersection of Wilson Street and Delaware Route 468; thence along and with the Southeastern right of way line of Delaware Route 468 north 16 degrees 03 minutes west a distance of 1.027.98 feet, or such distance as is required to reach a point in the division line of lands now or formerly of Hazel Moore; thence along and with the division line of lands now or formerly of Hazel Moore south 65 degrees 09 minutes east such distance as is required to reach a point in the northwestern right of way line of Delaware Route 468; thence along and with the northwestern right of way line of Delaware Route 468 in a southerly direction to a point marking an extension of the line of lands now or formerly of Edward N. and Alverna J. Dickerson; thence along and with the extension of the line of lands now or formerly of Edward N. and Alverna J. Dickerson in a Southerly direction and crossing Delaware Route 468 to a point in the line of lands now or formerly of Edward N. and Alverna J. Dickerson; thence with the line of lands now or formerly of Edward N. and Alverna J. Dickerson, Paul Barron and A.H. Mumford Estate; thence with the line of lands now or formerly of Paul Barron and A.H. Mumford Estate in a southerly direction to the southeastern right of way line of Daniel Street Extended; thence along and with the southeastern right of way line of Daniel Street Extended westerly to the southeastern intersection of Wilson Street and Daniel Street; thence along and with the eastern right of way line of Wilson Street such distance as is required to reach the southeastern intersection of Wilson Street and Delaware Route 9; thence along and with the southerly right of way line of Delaware Route 9 in an easterly direction such distance as is required to reach the western bank of an unnamed branch or ditch, and marking a corner for the eastern corporate limits of The Town of Laurel in a southerly and southeastern direction such distance as is required to reach a point where the eastern corporate limits of The Town of Laurel intersect with the center line of Fourth Street; thence following the center line of Fourth Street, Cooper Street and Front Street, to the intersection of the center line of Front Street with the center line of Central Avenue, the place of beginning.
Qualifications For Mayor And Town Councilman
Section 6.
The qualifications for Mayor and Town Councilman at the time of filing his Candidate Filing Form shall be as follows:
(a) The Mayor shall be at least twenty-one (21) years of age, a citizen of the United States and of the State of Delaware. a bona fide resident of The Town of Laurel and a registered voter of The Town of Laurel.
(b) The Town Councilman from the First Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel and a bona fide resident of the First Ward. and a registered voter of The Town of Laurel.
(c) The Town Councilman from the Second Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel and a bona fide resident of the Second Ward, and a registered voter of The Town of Laurel.
(d) The Town Councilman from the Third Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel and a bona fide resident of the Third Ward, and a registered voter of The Town of Laurel.
(e) The Town Councilman from the Fourth Ward shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town of Laurel and a bona fide resident of the Fourth Ward, and a registered voter of The Town of Laurel.
(f) Each of the Councilmen-At-Large shall be twenty-one (21) years of age, a citizen of the United States and of the State of Delaware, a bona fide resident of The Town and shall also have the qualifications established in Section 4 of this Charter. Each Councilmen-At-Large shall be a registered voter of The Town of Laurel.
(g) Each of the qualifications for Mayor and Town Councilman shall be continuing qualifications to hold office and the failure of either the Mayor or any Town Councilman to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office.
Method Of Making Nominations For Mayor Or Town Councilman
Section 7.
(a) Every candidate for the office of Mayor, Councilman or Councilman-at-large shall not later than the close of business on the third Thursday of February in the year of the day of the General Municipal Election, file with the Town Manager a Candidate Filing Form provided by the Town Manager. The Candidate Filing Form will be filled out completely and signed by the candidate.
(b) The Town Manager shall deliver all Candidate Filing Forms to the Board of Election before the close of business on the fifth calendar day following the third Thursday in February. The Board of Election shall, within five (5) calendar days following delivery of the Candidate Filing Forms, review all Candidate Forms for completeness and to insure the candidate is qualified to be a candidate for the office for which he has filed.
(c) If the candidate is not qualified, the Board of Election will notify the candidate in writing, specifying the reason or reasons why he is not qualified. The Inspector of the Board of Election shall not sign the candidate filing form if the candidate is not qualified.
(d) If the candidate is qualified as determined by the Board of Election, the Inspector shall sign the candidate filing form and return it to the Town Manager.
(e) Notice of the time and date of the General Municipal Election and of the offices to be filled and the candidates therefor, including the number of the Ward in which each of the candidates resides, shall be published in a newspaper of general circulation in the Town and by posting notice in five (5) public places within the corporate limits of the Town not less than one (1) week before the day of the General Municipal Election.
Manner Of Holding Biannual Municipal Election
Section 8.
(a) The General Municipal Election for all municipal offices to be elected hereunder shall be held biannually on the fourth Thursday of March between the hours of one o'clock in the afternoon and eight o'clock in the evening, local time.
(b) The place of election shall be at the Town Office unless some other public place within the corporate limits of the Town shall be designated by the Town Council.
(c) At such General Municipal Election, every person, male or female, who shall have attained the age of voting as established by the State of Delaware for voting in a General Election and who shall be a citizen of the United States and a bona fide resident of the Town of Laurel for at least thirty (30) days prior to the date of the General Municipal Election, shall have one (1) vote provided he or she is registered on the Books of Registered Voters of the Town of Laurel. The Town Council of the Town of Laurel shall provide two (2) registers to be known as the Books of Registered Voters, which are to be kept at the Office of the Town Manager. The Books of Registered Voters shall contain the following Information for each registrant: The names of the voters arranged in alphabetical order, date of birth, the permanent address of the voter. the date the registrant became a resident of the Town of Laurel, the Ward in which the registrant resides, and other pertinent information as may be required. No person shall be registered upon the Books of Registered Voters unless he or she will have acquired the qualification to vote in the General Municipal Election for the year in which he or she registers. A person shall be required to register one time; provided, however, that if a registered voter fails to vote in two (2) consecutive General Municipal Elections in which there is a contest for any office, his or her name shall be removed from the Books of Registered Voters and notice shall be sent to such registered voter at his last known address, advising such voter that his name has been removed from the list of registered voters and it will be necessary to register again in order to be eligible to vote in the General Municipal Election. The Books of Registered Voters shall be maintained at the office of the Town Manager and shall be conclusive evidence of the right of any person to vote at a General Municipal Election. A person may register at the office of the Town Manager on any business day and until the close of business on the fourth Thursday in February in the year of the General Municipal Election by completing The Town of Laurel Voter Application Form and any other such forms as may be required by the Town. Identification of person being registered is required. Identification must include full name and address of registrant.
(d) The Mayor and the members of the Town Council of Laurel who hold office at the time of passage of this Act shall continue to hold office until their respective successors have been duly elected and qualified.
(e) The General Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two (2) Judges appointed by the Mayor of The Town of Laurel with the concurrence of a majority of the members of the Town Council not later than January in the year of the General Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote at the General Municipal Election, take reasonable steps to see that the law pertaining to the General Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the General Municipal Election shall not be present at the polling place at the time designated for the holding of the General Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said General Municipal Election to elect from among their own number a person to fill each vacancy and such Board of Election caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at such General Municipal Election.
(f) Votes offered at the General Municipal Election may be offered in person. The Tom Council may, by ordinance, provide for a qualified voter, duly registered, who shall be unable to appear to cast his or her ballot at any General Municipal Election either because of being in the public service of the United States or of this State, or because of the nature of his or her business or occupation, or because of his or her sickness or physical disability, or because of being unavoidably absent or on vacation from the Town on the day of the General Municipal Election, to vote by absentee ballot.
(g) In the event that no person files or is nominated for office for which an election is to be held within the time set forth in Section 7 of this Charter, the incumbent shall be deemed to be reelected for a full term and it shall not be necessary to have an election.
(h) In the event that only one person files or is nominated for office for which an election is to be held within the time set forth in Section 7 of this Charter, the person who files or who is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an election.
(i) No person, other than the Election Board, the Town Manager and the administration election personnel, and persons actually voting, shall be admitted within the voting place without the unanimous consent of the Board of Election.
(j) Each candidate may appoint some suitable person to act as a challenger to stand without the door or entrance to the room in which the election is to be held and by the side of the passage thereto. Each challenger shall be protected in the discharge of his duty by the Board of Election.
(k) No person other than Town Manager, the Board of Election, the Clerks of the Board of Election and the challengers designated by the candidates, shall remain within fifty (50) feet of the entrance to the voting room except for the purpose of offering his vote, except that a physically handicapped person shall be permitted to bring with him into the election room any elector or two electors if the nature of the disability, in the opinion of the Board of Election, such as total disability to walk to the election room, required it in order to render the necessary assistance. Each candidate shall be permitted one (1) person present in the voting room for the purpose of recording the names of persons who vote.
(l) No person shall electioneer or engage in any political discussion within the polling place during the election or counting of ballots.
(m) Not more than one person shall be permitted to occupy any voting booth at one time except as provided in this Charter.
(n) No person shall remain in or occupy a voting booth longer than is necessary to prepare his ballot and in no event longer than three (3) minutes.
(o) Upon the close of the election, the votes shall be read and counted publicly and the person having the highest number of votes for each office shall be declared to be duly elected, and such persons shall continue in office during the term for which they were chosen. or until their successors shall be duly elected or appointed and qualified.
(p) The Board of Election shall enter in a book to be provided for that purpose, minutes of the election containing the names of the persons chosen. They shall subscribe the same, and shall make and deliver to the person elected certificates of their election. The book containing such minutes, the ballots, and the list of those persons who voted, shall be delivered to the Town Manager who shall preserve the same and shall be evidence in any Court of law or equity.
(q) If two or more candidates for the office of Councilman or for Mayor shall receive an equal number of votes so that there shall not be an election of a Mayor or Councilman, the incumbent councilman or mayor shall continue in office until the run-off election as hereinafter provided is held. The Board of Election shall declare the election a tie and shall report that result to the Mayor and the Council of Laurel which shall, within twenty (20) days thereafter, hold an election between those candidates where a tie resulted under the same rules as hereinbefore set forth.
Organizational Meeting Of Council
Section 9.
(a) Before entering upon the duties of their respective offices, the Mayor Elect shall be sworn by a Notary Public to perform faithfully and impartially the duties of his office with fidelity. The Mayor shall, after being sworn to perform faithfully and impartially the duties of the office, swear each Councilman-Elect to perform faithfully and impartially the duties of the office to which he has been elected. At 7:30 o'clock in the evening, prevailing time, at the first Regular Meeting following the General Municipal Election, the Mayor and the Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity, as aforesaid.
(b) At the first regular meeting following the General Municipal Election, the Mayor and Town Council shall organize and elect a President of the Town Council, who shall hold office for the term of two (2) years or until his successor shall be duly elected and shall vote on all matters presented to the Town Council for a vote. The Mayor shall also appoint such other officers as may be determined to be necessary, all such appointments to be with the advice and consent of a majority of all the elected members of the Town Council.
Regular And Special Meetings
Section 10.
The Town Council of The Town of Laurel shall hold at least one (1) meeting in each month, the time and day of the meeting to be determined by Resolution of the Town Council. Special meetings shall be called by the Secretary upon the written request of the Mayor of The Town of Laurel, or upon the written request of the Mayor of The Town of Laurel, or upon the written request of any three (3) members of the Town Council of The Town of Laurel, stating the day, hour and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the Town Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary shall be deposited in the United States mail in the main Post Office of The Town of Laurel at least forty-eight (48) hours before the time of said special meeting or delivered to the local residence of the Mayor and each member of the Town Council at least forty-eight (48) hours prior to the date and hour of said meeting; provided, however, that a written waiver of such notice signed by the Mayor of The Town of Laurel and by all members of the Town Council prior to or immediately upon convening of the said such special meeting shall make such written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in the waiver and the transaction of any business considered at the meeting if the waiver so states.
Quorum
Section 11.
The Mayor and Four (4) members elected to the Town Council, or five (5) members elected to the Town Council shall constitute a quorum at any regular or special meeting; but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by Ordinance.
Rules And Minutes Of Council
Section 12.
The Council shall determine its own rules and order of business and shall keep a journal of its proceedings and the yeas and nays shall be taken upon the passage of every ordinance and resolution and shall be entered in the journal with the text of the ordinance or resolution.
Vacancies
Section 13.
In the case of a vacancy created in the office of Mayor, or a member of Council, by death, resignation, loss of residence, conviction of a violation the Standards of Conduct of The Town of Laurel for officials and employees (Chapter 12 of the Town Code), but only upon the passage, following such conviction, of a resolution declaring such vacancy by a majority of the members of the Town Council, not including the member of the Town Council who has been convicted of a violation of the aforesaid Standards of Conduct, or otherwise, the Town Council may fill such a vacancy, and the person so appointed shall serve for the unexpired term or until his or her successor shall be elected and qualified.
Disqualifications
Section 14.
If the Mayor or any Councilman. during his term of office, shall be found guilty of any felony, or if any Councilman shall for any reason cease to be a resident of the Ward which he represents, or if the Mayor or any Councilman shall for any reason cease to be a resident of the Town, he shall forthwith be disqualified to act as Mayor or as a member of Council and his office shall be deemed vacant and shall be filled by the Town council as aforesaid.
Contracts
Section 15.
(a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Five Hundred Dollars ($500) for materials, supplies, services, work or labor, for the benefit and use of The Town of Laurel with the Mayor or any member of the Town Council or with any partnership in which the Mayor or any member of the Town Council is a General partner, or with any corporation in which the Mayor or any member of the Town Council is a director or controlling stockholder, or with any firm or company in which the Mayor or any member of the Town Council is pecuniarily interested, provided that if all the elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null and void.
(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to lowest responsible bidder who submits a responsive bid; provided, however, that competitive bidding shall not be required in any of the following circumstances:
(1) The aggregate amount involved is not more than Ten Thousand dollars ($10,000):
(2) The purchase or contract is for personal or professional services;
(3) The purchase or contract is for any service rendered by a University, college or other educational institution;
(4) The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision;
(5) The purchase or contract is for property or services for which it is impracticable to obtain competition;
(6) The public exigency, as determined by the Town Council, will not permit the delay incident to advertising;
(7) The materials to be purchased are to be used to complete a project under the supervision of the Town Manager;
(8) The purchase or contract is for property or services for which the Town Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in open competition;
(9) A public emergency as determined by the Town Council exists.
(c) Notwithstanding the foregoing provisions of this Section 15 and without complying with the competitive bidding procedures described above, the Town Council of the Town of Laurel may enter into any contract necessary or desirable in connection with a special development district or tax increment financing district created or designated by the Town Council of the Town of Laurel pursuant to Section 36A hereof, except a contract in which the Town Council of the Town of Laurel is directly contracting for the procurement of the labor and/or materials for public improvements for the benefit of such district; provided, further, that the foregoing exception shall not apply to development, public works or similar type contracts between the Town Council of the Town of Laurel and an owner of real property in such district when the contract is generally for the transfer by the owner to the Town Council of the Town of Laurel of the work performed and the cost of labor and/or materials provided by such owner for the benefit of such district.Duties Of The Mayor And Of Council. (76 Del. Laws, c. 17, 5/10/07)
Section 16.
(a) The Mayor shall be the Chief Executive of the Town. He shall preside at all meetings of the Town Council, and he shall be entitled to vote on all matters presented to the Town Council for a vote. He shall appoint all committees, receive complaints of nuisances, and other complaints of citizens concerning violations of law and ordinances. He shall present a report of complaints and nuisances and violations of law and ordinances to the Town Council at the first regular meeting after receiving such complaints. The Mayor shall perform such other duties and have such powers as the Town Council shall determine not in conflict with the provisions of this Charter.
(b) He may require the Alderman or the Assistant Alderman, as hereinafter provided for in this Act. to proceed upon such infractions or violations of law and ordinances immediately in the event that he deems such action to be required.
(c) The Mayor may, for any reasonable cause, by and with the consent and upon the address of a majority of all the members of the Town Council, remove from office any person appointed by him or any of his predecessors. The person against whom the Council may be about to proceed shall receive five (5) days written notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair hearing, if such a request is received by the Mayor by certified mail with return receipt requested within ten (10) days following the date that notice of removal is received by such person.
(d) The Mayor may appoint such other committees as he deems necessary for the proper administration of the Town of Laurel or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act.
(e) It shall be the duty of the president of the Town Council, in the absence of or inability of the Mayor to act, to perform such duties and to have such powers of the Mayor as are prescribed by the Charter of the Town of Laurel or by any ordinance of the Town Council.
President Of The Town Council
Section 17.
(a) At the organizational meeting, the members of the Town Council, after assuming office, shall elect from among their own number, a President of the Town Council who shall preside at all meetings of the Town Council, in the absence or disability of the Mayor, and shall vote on all matters presented to the Town Council for a vote.
(b) The President of the Town Council. in the absence or disability of the Mayor, shall be the Chief Executive of the town; provided, however, that he shall not have the power to appoint or remove from office any person appointed by the Mayor until the Mayor shall be absent from the Town or under disability for a period in excess of ninety (90) days.
Secretary
Section 17A.
(a) The Town Manager shall be the Secretary of the Town Council and shall have charge and custody of books, journals. records, papers and other effects of the Town and shall keep the same In a safe and secure place. He shall keep a full and complete record of all the transactions in The Town of Laurel. He shall keep a record of the transactions and proceedings of the Town Council together with such other duties as may be prescribed by this Charter or by ordinances or rule of the Town Council of The Town of Laurel. He shall file and keep in a safe place the seal of The Town of Laurel and all papers and documents arising out of the proceedings of the Town Council of the Town of Laurel relative to the affairs of the Town. He shall deliver the same to his successor in office. He shall attest the seal of The Town of Laurel when authorized by the Town Council and shall perform such other duties and have such other powers as may be prescribed by ordinance.
(b) All books, records and journals of The Town of Laurel in the custody of the Secretary may, in the presence of the Mayor, Secretary, Assistant Secretary or any member of the Town Council of The Town of Laurel, be inspected by any registered voter of the Town desiring legitimate information at any time. or times, as may be convenient and will not interfere with the regular routine of the business of the Town.
(c) All books, records, papers and documents in the custody of the Secretary shall be open for inspection by members of the Town Council of The town of Laurel.
Ordinances And Resolutions
Section 18.
(a) Every legislative act of the Council shall be by ordinance. No ordinance shall be passed unless a bill shall have been regularly introduced and had two readings. one of which shall be at a meeting previous to the meeting at which the ordinance shall be passed. On the final passage of a bill the vote shall be taken by yeas and nays, and the members voting for and against it shall be entered on the minutes. No ordinance shall be passed without the concurrence of a majority of all the members of the Council. Ordinances granting franchises shall not be passed without an affirmative vote of five (5) of the members of the council or four (4) of the members of the Council and the Mayor, nor within thirty (30) days after its introduction.
(b) Every ordinance, after it shall have been enrolled, shall be signed by either the Mayor or the President of the Town Council, or both, and the Secretary of the Town Council., within three days thereafter.
(c) The action of the Council shall be certified on the ordinance by the President of the Council or the Mayor, or both.
(d) Every ordinance not signed by either the Mayor or the President of the Town Council, and the Secretary of the Town Council, written three (3) days after its passage, shall become an ordinance as valid and effective as if it had been properly signed.
(e) All ordinances, rules, resolutions and regulations passed by the Council shall be preserved by the Town Manager and recorded at length in a suitable book kept for that purpose.
(f) No ordinance of a general or permanent nature, except emergency ordinances as hereinafter provided. shall be passed by the Council until the title of such ordinance has been published at least once in a newspaper of general circulation in the Town of Laurel; PROVIDED HOWEVER, that if an emergency is determined by the Mayor and Council to exist, then no publication shall be necessary for such emergency ordinance.
(g) The Council shall not pass any ordinance exempting any individual from the operation of any general ordinance or municipal regulation, nor shall it have power to pass any ordinance providing for the expenditure of money in any fiscal year in excess of the amount received from taxes, water rents, sewer charges, trash collection charges and other miscellaneous receipts of the Town for such year, except such sum as may be necessary for the replacing or repairing of the properties or works of the corporation injured or destroyed through casualty or calamity.
(h) A member of the Council, or a Mayor, who has a personal or private interest in any measure or proposal pending before it shall publicly disclose the fact to the members and shall not vote thereon, nor, except by permission, take part in the discussion thereof.
(i) If such interested member shall vote without publicly disclosing his interest in the measure, ordinance or proposal, and it shall be carried by his vote, such measure, ordinance, bill or proposal shall be void and shall be so declared by the Council.
(j) The printed or typewritten copies of the ordinances, resolution and regulations of the Council published by the authority of the Council, shall be admitted as evidence in all Courts.
Alderman And Assistant Alderman
Section 19.
(a) The Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one (21) years of age, shall be of good character and reputation and shall not be a member of the Town Council of The Town of Laurel. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Town Council of The Town of Laurel. Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council of The Town of Laurel.
(b) Before entering upon the duties of his office, the person appointed by the Mayor to serve as Alderman and the person appointed by the Mayor to serve as Assistant Alderman shall be sworn or affirmed by the Mayor to perform the duties of his office honestly, faithfully and diligently and to uphold and enforce the Charter of The Town of Laurel and ordinances duly enacted by the Town council of The Town of Laurel and to carry into effect all orders of the Town Council of The Town of Laurel made pursuant to any law of this State. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods the Assistant Alderman shall have all the powers and duties of the Alderman.
(c) The Town Council shall procure suitable records for the use of the Alderman and the Assistant Alderman. Such records shall be known as the "Alderman Docket." The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the Alderman's Docket.
(d) The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of The Town of Laurel so far as to arrest and hold for bail or fine and imprison offenders for any offense, penalty or forfeiture prescribed by the Charter of The Town of Laurel and any ordinance enacted thereunder; of all neglects, omissions or defaults of any officer, agent or employee of the Town; provided, however, that neither the Alderman nor the Assistant Alderman shall impose any fine in excess of five Hundred Dollars ($500) nor imprison any offender for more than sixty (60) days, or both, except as otherwise provided in the Charter of The Town of Laurel. The Alderman and the Assistant Alderman may, in addition to any other fine or term of imprisonment permitted to be assessed or imposed, impose and collect such costs as are set by ordinance or Resolution of the Town Council of The Town of Laurel; provided, however, that no costs shall be imposed which are in excess of that which may be imposed by a Justice of the Peace for like service.
(e) The Alderman and Assistant alderman shall prepare and submit a monthly report to the Town Council reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer of the Town all such fines and penalties.
(f) The Alderman and the Assistant Alderman shall receive such salary as may be fixed from time to time by Resolution of the Town Council.
(g) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the Town Manager, within two (2) days after his removal from office, all the books and papers belonging to his office, and to pay over to the Town Manager all moneys in his hands within five (5) days after receiving the notice of his removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the town Manager shall require the auditor of the Town, appointed as hereinafter provided, to make an audit of the books and papers of the official so removed from the office. Upon the neglect or failure to deliver all the books and papers to the Town Manager within the time specified by this Charter, or to pay over all of the moneys to the Town Manager within the time specified, the Alderman or Assistant Alderman, so removed shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each day that he fails to deliver the books and papers to the Town Manager or to pay over all moneys to the Town Manager.
Town Manager
Section 20.
(a) The Mayor of The Town of Laurel, with the concurrence of a majority of all the elected members of the Town Council, may appoint a Town Manager who shall be the Chief Administrative Officer of the Town and shall be the Secretary of the Town Council and the Treasurer of the Town.
(b) The Town Council of The Town of Laurel shall impose such qualifications for Town Manager as may be deemed necessary; provided, however, that no person holding the office of Mayor or Town Councilman shall be chosen to be Town Manager during his term of office as Mayor or Councilman.
(c) The Town Manager shall hold office for an indefinite term and may be removed for just cause by a majority vote of the Town Council of The Town of Laurel. At least thirty (30) days before such removal shall become effective, the Town Council shall. by a majority vote of all the elected members thereof, adopt a preliminary resolution stating the reasons for his removal. The Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested. and after full consideration, the Town Council, by a majority vote of all the elected members thereof, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Town Manager from duty but shall in any case call to be paid him forthwith any unpaid balance of his salary and his salary for the next three (3) calendar months following the adoption of the preliminary resolution.
(d) In case of the absence or disability of the Town Manager, the Town Council may designate some qualified person who may be an elected or appointed official of the Town of Laurel to perform the duties of such office during his absence or disability. The compensation which the Town Manager shall receive for the performance of his duties shall be fixed by the Town Council of The Town of Laurel.
(e) The Town Manager shall be responsible to the Town Council of The Town of Laurel for the proper administration of the affairs of the Town placed in his charge and to that end. he shall have the power to make such appointments and to hire such employees at such compensations as the Town Council. by Resolution. shall determine, subject to such rules and regulations as may be adopted by the Town Council. All employees shall be hired for an indefinite term and may be removed by the Town Manager at any time for just cause unless otherwise provided by resolution of Council. He shall exercise his sole discretion in the appointment or hiring of any such employees. The Town Manager shall be the sole judge of the competence or incompetence of any such person so appointed or hired by him. The Town Council of The Town of Laurel shall sit as a Board of appeal for the protection of Town employees at those times when the majority of all the Town Council are agreed that a review of the action of the Town Manager would be in the best interest of The Town of Laurel. The decision of the Town Council in such case shall be final and conclusive.
(f) It is the intention of this Charter that, in the performance of his duties, and in the exercise of his powers, the Town Manager shall not be influenced by my matters whatsoever of a political or fractional nature. It is the intention of this Charter that the Town Manager shall be guided solely by matters of expediency and efficiency in the administration of the affairs of the Town placed in his charge. Except for purposes of injury, the Town Council shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager.
(g) It shall be the duty of the Town Manager to supervise the administration of the affairs of the Town under his charge and to make such reports to the Town Council as are required by the Town Council. He shall make such recommendations to the Town Council concerning the affairs of the Town as may seem to him desirable. He shall keep the Town Council advised of the financial condition and future needs of the Town. He shall prepare and submit to the Town Council the annual budget estimate. He shall render to the Town Council at the regular monthly meeting of each and every month a true, accurate and detailed account of all the moneys collected or received by him in the performance of his duties and shall promptly turn the same over to the Town Council.
(h) In conjunction with the Mayor of The Town of Laurel, he shall sign warrants pursuant to appropriations or resolutions theretofore made for the Town Council. He shall prepare and submit to the Town Council such reports as may be required by the Town Council. He shall perform such other duties as may be prescribed by this Charter or required of him by Ordinance or Resolution of the Town Council.
(i) The Town Manager and such other officers of the Town as may be designated by vote of the Town Council shall be entitled to seats in the meetings of the Town Council, but shall not vote therein.
(j) The Town manager shall have charge and supervision of the sewer system, water system. street lightning, streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto, he shall have charge of and shall collect all taxes, assessments, rentals, license fees, or other charges due the Town. He shall have charge of the administration of all provisions of this Charter and ordinances and Resolutions of the Town Council relating to the affairs of the Town when not otherwise provided for by this Charter or by any ordinance or Resolution of the Town Council.
(k) He shall keep a full and strict account of all moneys received and all disbursements made by him and such accounts shall, at all times, be open to inspection to the Town Council.
(l) He shall give to The Town of Laurel a bond, if required by the Town Council. in such sum and in form with security satisfactory to the Town council for the faithful performance of the duties of his office and the restoration to The Town of Laurel, in case of his death, resignation, or removal from office all books, papers, vouchers, money and other property of whatever kind in his possession belonging to the Town.
(m) In the event of a vacancy in the office of the Town Manager for any reason or reasons whatsoever. the duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or performed by the successor to such office.
(n) Upon the death, resignation, or removal from office of the Town Manager, the Mayor, with the approval of a majority of all elected members of the Town Council shall appoint some suitable person, who may be an elected or appointed official of The Town of Laurel, to perform the duties of Town Manager; provided, however, such person shall not serve for a period exceeding ninety (90) days from the date of his appointment.
Town Solicitor
Section 21.
The Mayor of The Town of Laurel, with the advice and consent of a majority of the elected members of the Town Council, shall select and appoint a Town Solicitor for an indefinite term who shall be removable at the pleasure of the Town Council of The Town of Laurel either with or without due cause stated. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware, with offices in Sussex County. It shall be his duty to give legal advice to the Town Council and other officers of the Town and to perform other legal services as may be required of him by the Town Council.
Board Of Health
Section 22.
(a) The Board of Health shall consist of three (3) members, one of whom shall be a practicing physician. The Board shall be appointed by the Mayor of The Town of Laurel with the advice and consent of a majority of the elected members of the Town Council at the annual meeting hereinbefore provided, and shall serve until their successors are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of the people of the Town. The Board shall report to the Town Council in writing whatever is deemed by the Board to be injurious to the health of the people of the Town and shall make recommendations to the Town Council concerning whatever may contribute to the health and sanitation of the citizens of The Town of Laurel. The Board shall organize by the election of a Chairman and Secretary within ten (10) days after notice of their appointment and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board.
(b) The Secretary of the Board may be allowed a reasonable annual compensation for his services, which shall be determined by the Town Council and no other compensation shall be paid to the Secretary for his services as such. The Secretary may or may not be a member of the Board of Health appointed by the Mayor, but he shall be a resident of 'Me Town of Laurel.
(c) The Board of Health shall have the power to recommend the adoption of ordinances relating to the health of the population of the Town or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the same and such ordinances, when adopted by the Town Council. shall extend to an area outside the Town limits for a distance of one (1) mile.
Police Force
Section 23.
(a) The Chief of Police shall be appointed by the Mayor for an indefinite term by and with the advice and consent of a majority of all the elected members of the Town Council and may be removed for just cause by a majority vote of all the elected members of the Town Council. The Town Council shall, from time to time. make such rules and regulations as may be necessary for the organization, government and control of the police force. The police force shall preserve peace and order and shall compel obedience within the Town limits to the ordinances of the Town and the laws of the State of Delaware. The police force shall have such other duties as the Town Council shall, from time to time prescribe. Operational control of the daily routine of the Police Department shall be the responsibility of the Chief of Police. The Town Manager shall be responsible for communicating the policies adopted by the Town Council to the Chief of Police.
(b) Each member of the police force shall have police powers and shall be conservators of the peace throughout The Town of Laurel, and 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 laws enacted by the Town Council of The Town of Laurel. 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 Town of Laurel.
(c) Every person sentenced to imprisonment by the Alderman or the Assistant Alderman or a Justice of the Peace, as the case may be, shall be delivered by a member of the police force to the correctional institution located In Sussex County to be there imprisoned for the term of his sentence.
(d) In the case of an arrest at any time when the Alderman or the Assistant Alderman of The Town of Laurel shall not be available or if no such Alderman or Assistant Alderman has been appointed, the person arrested may be taken before the nearest Justice of the Peace with offices in Sussex County who shall hear and determine the charge, and who, in such case. is vested with all the authority and powers granted by this Charter under the Alderman or the Assistant Alderman. In the case of an arrest at a time when the Alderman or the Assistant Alderman or the Justice of the Peace shall not be available to hear and determine the charge, the person arrested may be delivered to the correctional institution located in Sussex County for imprisonment until such reasonable time thereafter as shall enable the Alderman or Assistant Alderman or the Justice of the Peace to hear and determine the charge against such person.
(e) It shall be the duty of the police force to suppress riotous, disorderly or turbulent assemblages of persons in the streets of the Town or the noisy conduct of any person in the same, and upon the view of the above or upon view of the violation of any ordinance of the Town relating to peace and good order thereof, the police force shall have the right and power to arrest without warrant.
Annual Audit
Section 24.
Annually, and not later than the regular meeting in May, the Mayor, with the advice and consent of a majority of the elected members of the Town Council, shall appoint a certified public accountant to be the auditor of accounts of The Town of Laurel. It shall be the duty of the auditor to audit the accounts of the Town and all its officers whose duty involves the collection, custody and payment of moneys to the Town. The auditor shall audit the books of the Alderman and the Assistant Alderman of The Town of Laurel. the records of all fines, penalties, costs imposed or collected by him pursuant to any judgment, order or decree made. The auditor shall, on or before the expiration of ninety (90) days from the end of the fiscal year, annually make and deliver a detailed report of any and all accounts, records. and books by them examined and audited which report under his hand and seal shall be available for public inspection. The auditor, in the performance of his duties, shall have access to all records and accounts of the offices of the Town Council and he is hereby authorized and empowered to employ such clerks as in his judgment may be necessary in the proper performance of his duties.
Board Of Assessment
Section 25.
(a) The Mayor shall appoint a Board of Assessment, composed of three (3) members, resident within the corporate limits of The Town of Laurel, with the advice and cement of a majority of all the elected members of the Town Council for an indefinite term.
(b) The Board of Assessment shall be sworn or affirmed by the Mayor of The Town of Laurel or by a Notary Public to perform their duties with fidelity and without favor. It shall be the duty of the Board of Assessment to make a fair and impartial assessment of property and persons subject to taxation situate within the corporate limits of the Town and to perform such other duties and reference thereto as shall be prescribed from time to time by the Tom Council of The Town of Laurel. Compensation to be by them received for the performance of their duties and the hiring of employees to assist them in the performance of their duties shall be fixed by and subject to the approval of the Town Council of The Town of Laurel.
(c) The Board of Assessment may adopt the assessment of Sussex County for any or all property located within the corporate limits of The Town of Laurel.
Assessment Of Taxes
Section 26.
The Board of Assessment shall, prior to the first day of July of each year, make a just, true and impartial annual valuation or assessment of all real estate and improvements located thereon located within The Town of Laurel. All real estate shall be described with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to 'Owner Unknown'. A mistake in the name of the owner or owners or a wrong name or an assessment to 'Owner Unknown' shall not affect the validity of the assessment of any municipal tax or assessment based thereon; provided, however, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds, in and for Sussex County. The Board of Assessment may also make a personal assessment of all male and female citizens of the Town above the age of eighteen (18) years, whether an owner of real estate or not; said personal assessment shall be determined by the Town Council and certified to the Board of Assessment. Said personal assessment or per capita tax shall be in addition to the assessment levied on real estate owned or assessed by any person or persons whomsoever.
(a) The Board of Assessment, after making such annual assessment, shall deliver to the Town Council of The Town of Laurel a list containing the names of all persons assessed and the amount of assessment against each. The Board of Assessment shall also deliver at such time as many copies of said list as the Town Council shall direct.
(b) The annual assessment shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate columns or spaces. In making this assessment, the Board of Assessment shall make their valuation accordingly.
(c) The real property of the members of the Board of Assessment shall be assessed by the Town Council of The Town of Laurel.
(d) Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council of The Town of Laurel shall cause a full and complete copy of the same, containing the amount assessed to each taxable to be hung in a public place in The Town of Laurel and there it shall remain for a period of at least ten (10) days for the information of and examination by all concerned. Appended thereto and also in five (5) or more public places in said Town shall be posted notices advertising to all concerned that, upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the annual assessment list and notices that, at the next regular meeting of the Town Council, the Town Council will hold a court of appeals at which time and place they shall hear appeals from the said annual assessment. The decision of the Town Council sitting as the Board of Appeals shall be final and conclusive and said Town Council shall revise and complete said assessment at this sitting. No member of the Town Council shall sit upon his own appeal but the same shall be heard and determined by the other Councilmen.
(e) The Board of Assessment shall be present on the day fixed for hearing appeals and shall furnish to the Town Council such Information and answer such questions as the Town Council may require in respect to any assessment for which an appeal has been taken. The Town Council shall have the authority to enforce the attendance of the Board of Assessment by appropriate process.
Supplemental Assessment Of Taxes
Section 26A.
(a) In addition to the annual valuation or assessment provided for in Section 26 of this Charter, the Board of Assessment may, at its option, prepare quarterly supplemental assessment rolls for the purpose of:
(1) Adding property not included on the last assessment; or
(2) Increasing the assessed value of property which was included on the last assessment. The supplemental assessment roll may be used to correct errors on the prior assessment and to remove or modify any exemption from taxation applicable to property in the Town.
(b) Such supplemental assessment roll shall be prepared quarterly in each fiscal year. The first such supplemental assessment roll shall be certified to the Town Council on October 1 of each year; the second on December 1 of each year; the third on February 1 of each year; and the fourth on May 1 of each year.
(c) On the date of certification of a supplemental assessment roll to the Town Council:
(1) The property owners listed thereon shall be liable to pay taxes equal to the assessed valuation of the property and multiply it by the tax rates for the then current fiscal year applicable to the property, reduced by twenty-five percent (25%) where the property is listed on the second supplemental assessment roll; by fifty percent (50%) where the property is listed on the third supplemental assessment roll; and by seventy-five percent (75%) where the property is listed on the fourth supplemental assessment roll; and
(2) The amount of such tax shall be and remain and a lien on such property, together with any penalties which might thereafter accrue, until such taxes and penalties are fully paid.
(d) In no case shall the supplemental assessment procedure be employed to impose taxes retroactively.
(e) Immediately after receiving the supplemental assessment list from the Board of Assessment, the Town Council shall cause a full and complete copy of the same, containing the amount assessed to each taxable to be hung in a public place in The Town of Laurel and there it shall remain for a period of at least ten (10) days for the information and examination by all concerned. Appended thereto and also in five (5) or more public places in said Town shall be posted notices advertising to all concerned that upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the supplemental assessment list and notices that, at the next regular meeting of the Town Council, the Town Council will hold a Court of Appeals at which time and place they shall hear appeals from the said supplemental assessment. The decision of the Town Council sitting as the Board of Appeals shall be final and conclusive and said Town Council shall revise and complete said supplemental assessment at this sitting. No member of the Town Council shall sit upon his own appeal but the same shall be heard and determined by the other Councilmen.
(f) The Board of Assessment shall be present on the day fixed for hearing appeals to the supplemental assessment and shall furnish the Town Council such information that answers such questions as the Town Council may require in respect to any supplemental assessment from which that appeal has been taken. The Town Council shall have the authority to enforce the attendance of the members of the Board of Assessment by appropriate process.
Levy Of Annual Taxes
Section 27.
(a) At the regular meeting in August, after having revised and completed the assessment, the Town Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised by the Town to meet the fixed and anticipated expenses and obligations of the Town, including reasonable an appropriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies.
(b) The Town Council should then proceed to determine in its sole discretion, from which sources of the authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. They shall then proceed to determine, assess, fix and/or levy as follows:
(1) The rate of tax on real estate including improvements thereon per One Hundred Dollars ($100) of the assessed value; and/or
(2) The amount of personal or per capita tax upon each citizen of the Town over the age of eighteen (18) years; and/or
(3) The rate of tax upon all poles, construction, erections, wires and appliances more particularly mentioned, or intended so to be in Section 30 of this Charter as amended; and/or
(4) The several license fees to be charged for carrying on or conducting of the several businesses, professions or occupations more particularly mentioned or intended so to be in Section 30 of this Charter, as amended; and/or
(5) The several rates to be charged for furnishing water service, sewer service, electric service, gas service, front footage assessment, trash collection; and/or
(6) The fees or rates to be charged in respect to any other unauthorized source of revenue sufficient in their judgment and estimation to realize the amount to be raised from each such source determined by them to be used as aforesaid; provided, however, that sources (4), (5) and (6) aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and that any regular or special meeting of the Town Council as the Town Council, in its own proper discretion. shall determine.
(c) Immediately after the last regular meeting prior to the end of the fiscal year of each and every year, the Town Council shall make, or cause to be made, a full, true and correct Annual Tax List showing the amount of tax levied against each taxable thereon from sources (1), (2) and (3) above-mentioned. This list shall be known as the Annual Tax List of The Town of Laurel. In addition to the information contained In the assessment list, it shall also contain information as to the rate of tax upon real estate for each One Hundred Dollars ($100) of assessed valuation thereof,
(d) The Town Council shall cause to be delivered to the Town Manager a duplicate of said Annual Tax List and the Town Manager shall immediately proceed to collect the same as hereinafter provided.
(e) Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due The Town of Laurel under the existing laws in reference to said Town and the same are hereby declared to be valid, binding and vested in The Town of Laurel created hereby.
Collection Of Annual Taxes
Section 28.
(a) The Town Manager. as soon as the Town Council shall have placed in his hands a duplicate Annual Tax List, shall proceed at once to collect the taxes on said duplicate list.
(b) All taxes so laid or imposed by The Town of Laurel in such Annual Tax List shall be and constitute a lien upon all the real estate of the taxable for a period of ten (10) years against or upon whom such taxes are laid or imposed, of which such taxable was seized or possessed at any time after such taxes shall have been levied and imposed that is situate within The Town of Laurel. Such lien shall have preference and priority to all other liens on such real estate, as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and date prior to the time of the attaching of such lien for taxes.
(c) All taxes, when and as collected by the Town Manager, shall be paid to The Town of Laurel, and all taxes shall be due and payable at and from the time of the delivery of the Annual Tax List to the Town Manager.
(d) All taxes shall be payable at the Town Office of The Town of Laurel during the regular business hours of that office.
(e) Commencing with the 2005-2006 tax year, on all taxes paid on or before September 30th of each year, the Town Manager shall deduct one percent (1%) from the amount of said taxes assessed against the real property of said person. On all taxes paid after September 30th of each year but before November 1st of each year, there shall be no abatement or deduction. On all taxes paid on or after November 1st of each year, there shall be added a penalty of three percent (3%) for each month or fraction thereof such taxes shall remain unpaid, said penalty to be effective on the first day of October, and the said penalty shall be collected in the same manner as the original amount of the tax. The Town Council shall have the power to make just allowances for delinquencies in the collection of taxes. All taxes unpaid on November 1st of each year shall be considered delinquent. In effecting a collection of any delinquent tax, the Town Council may impose collection charges in addition to the above penalties, as the same may change from time to time, not to exceed the reasonable costs of collection, including reasonable attorneys' fees, court costs and sale costs. The Town Council may by resolution passed at least 30 days prior to the commencement of any fiscal tax year subsequent to the 2005-2006 fiscal tax year delete, increase or modify in any manner, including as to amounts and effective dates, the discount, abatement or deduction previously granted to owners of real estate, including improvements, located within the Town of Laurel. The Town Council may also delete, increase or modify in any manner, including as to amounts and effective dates, penalties or late charges assessed against real estate including improvements subsequent to the 2005-2006 fiscal tax year, in the same manner as specified above with respect to discounts, abatements or deductions. (75 Del. Laws, Ch. 47, 6/14/05)
(f) At the first meeting of the Town Council in April of each year, the Town Manager shall account to the Town Council for all amounts collected by him during the year and shall be liable on his bond for failure to account for any uncollected accounts unless he can show to the satisfaction of the Town Council that all remedies permitted for the collection of accounts were pursued without result or, if not pursued the remedies would have been without avail.
(g) The Town Manager, when any tax has become delinquent, may, in the name of The Town of Laurel, institute suit before any Justice of the Peace or in the Court of Common Pleas of the State of Delaware. in and for Sussex County, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the unpaid tax in an action of debt, and upon judgment obtained may sue out writs of execution as in case of other judgments recovered before a Justice of the Peace or in the Court of Common Pleas, or in the Superior Court as the case may be.
(h) However, should the Town Manager so elect, he is empowered to sell the lands and tenements of the delinquent taxpayer or the lands and tenements of a delinquent taxpayer alienated subsequent to the levy of the tax by the following procedure:
(i) Furthermore, should the Town Manager alternatively elect, he or she is empowered to sell the lands and tenements of the delinquent taxpayer, or the lands and tenements of a delinquent taxpayer alienated subsequent to the levy of the tax by the direction of the Town Council using any of those procedures specified for the sale of lands for the collection of taxes on the part of the individuals charged with the responsibility for the collection of taxes for Sussex County, and all such procedures and methods available for the sale of lands, as aforesaid, including the redemption periods, as they are presently enacted and hereafter amended, are included herein and made a part hereof by reference thereto, including the method of sale by monition, as the same is set forth in 9 Del.C. §8721 et seq., and as the same may hereafter be amended from time to time, substituting the Town of Laurel for the Department of Finance of Sussex County and/or Sussex County.
(1) The Town Manager shall present in the name of The Town of Laurel to the Superior Court of the State of Delaware in and for Sussex County, a petition in which shall be stated:
(A) The name of the taxable;
(B) The year for which the tax was levied;
(C) The rate of tax;
(D) The total amount due;
(E) The date from which interest and the penalty for nonpayment shall commence and the rate of such interest and penalty and any collection charge permitted;
(F) A reasonable, precise description of the lands and tenements proposed to be sold;
(G) A statement that the bill of said tax has been mailed to the taxable at his last known post office address with return receipt requested by certified mail and postage prepaid;
(H) That it has been found impractical to attempt to collect the said tax by any other remedy hereinbefore provided. The petition shall be signed by the Town Manager and shall be verified before a Notary Public.
(2) At least ten (10) days prior to the filing of any such petition as described herein, the Town Manager shall deposit in the mail in a sealed and stamped envelope and addressed to the taxable at his last known address requiring a registered receipt returnable, an itemized statement of the tax due, together with all interest, penalties, collection charges. and costs then due thereon, together with a notice to the delinquent taxpayer that he shall proceed to sell the lands and tenements of the taxpayer for the payment of the tax. The Town Manager shall exhibit the return registry receipt to the Court by filing the same with the petition; provided, however, that if the taxpayer cannot be found, it shall be sufficient for the Town Manager to file with said petition the evidence that such statement has been mailed in accordance with this Subsection and has been returned.
(3) Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Superior Court, in and for Sussex County, and shall endorse upon the said record of said petition the following: "This petition, filed the __________ day of ________, A.D. _____, and the Town Manager of The Town of Laurel is hereby authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the amount due. This endorsement shall be signed by the Prothonotary.
(4) Any sales of lands and tenements of a delinquent taxpayer shall be advertised in five (5) public places in The Town of Laurel, one of said public places shall be the Town Office and by printing the notice of said sale at least one (1) time in a newspaper of general circulation in the Town. The notice shall contain the day. hour, place of sale and a short description of the premises sufficient to identify the same. The handbills shall be posted at least ten (10) days before the day fixed for the sale and the newspaper advertisement shall be published at least one (1) week before the day of the sale.
(5) Each sale of lands and tenements shall be returned to the Superior Court of the State of Delaware, in and for Sussex County, at the next term thereof following the sale, and the Court shall inquire Into the circumstances and either approve or set aside the sale. If the sale be approved, the Town Manager making the sale shall make a deed to the purchaser which shall convey the right, title and interest of the delinquent taxpayer or his alienee; if the sale be set aside, the Superior Court may order another sale and so on until the tax be collected. The petition, return and deed shall be presumptive evidence of the regularity of the proceeding.
(6) No sale shall be approved by the Superior Court if the owner be ready at court to pay the taxes. penalty, collection fees and costs, no deed shall be made until the expiration of one (1) year from the date of the sale within which time the owner, his heirs, executors, or assigns, shall have the power to redeem the lands on payment to the purchaser, his personal representatives or assigns, the costs, the amount of the purchase price, and twenty percent (20%) interest thereon and the expense of having the deed prepared. All taxes assessed after the sale and before the delivery of the deed shall be paid by the purchaser at said sale who shall be reimbursed by the delinquent taxpayer in the event of redemption to which shall be added twenty percent (20%) interest thereon.
(7) After satisfying the tax due and the costs of expense of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land, upon the refusal of the said owner to accept said residue, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some bank in The Town of Laurel, either to the credit of the owner or in a manner in which the fund may be identified.
(8) In the sale of lands for the payment of delinquent taxes, the following costs shall be allowed to be deducted from the proceeds of the sale or chargeable against the owner, as the case may be:
(A) To the Prothonotary for filing and recording the petition, five Dollars ($5);
(B) For filing and recording the return of sale, Five Dollars ($5);
(C) To the Town Manager for preparing the certificate, Five Dollars ($5.00). for making the sale of lands. Five Dollars ($5), for preparing and filing a return, Five Dollars ($5), for posting sale bills, Five Dollars ($5). In addition, the costs of printing handbills, the publication of the advertisement of sale in a newspaper, and the auctioneer's fee shall be chargeable as costs. The costs of the deed shall not be chargeable as costs, but shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware transfer tax shall be paid by the purchaser of said lands at the tax sale.
(9) If the owner of any lands and tenements against which a tax shall be levied and assessed shall be unknown this fact shall be stated in the advertisement of sale.
(10) If any person is assessed for several parcels of land and tenements in the same assessment in The Town of Laurel, the total of said taxes may be collected from the sale of any part or portion of said lands and tenements, provided that the land alienated by the delinquent taxpayer shall not be sold until other property of the taxpayer shall have been disposed of and there still remains a delinquency.
(11) In the event of death, resignation or removal from office of the Town Manager of The Town of Laurel before the proceedings for the sale of lands shall have been completed, his successor in office shall succeed to all of his powers, rights, and duties in respect to said sale. In the event of the death of the purchaser of said sale prior to his receiving a deed for the property purchased thereat, the person having right under him by consent, devise, assignment, or otherwise. may refer to the Superior Court of the State of Delaware, in and for Sussex County, a petition representing the facts and praying for an order authorizing and requiring the Town Manager to execute and acknowledge a deed conveying to the petitioner the premises so sold or a just portion thereof; and thereupon the court may make such order touching the conveyance of the premises as shall be according to Justice and equity.
(12) The Town Manager shall have the same right to require the aid or assistance of any person or persons in the performance of his duty of sale which the Sheriff of Sussex County now has by law or may hereafter have.
Town Budget
Section 29.
(a) The fiscal year for The Town of Laurel shall be from July 1 of one year to June 30 of the next succeeding year.
(b) Annually each year and not later than the regular meeting in May, the Town Manager shall prepare a rough draft of the Town Budget. From this rough draft, the Town Council shall not later than the regular meeting following the presentation of the rough draft prepared of the Town Budget, containing the financial plan for conducting the affairs of the Town for the ensuing fiscal year.
(c) The budget shall contain the following information:
(1) A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing fiscal year;
(2) An itemized statement of all other estimated expenses to be incurred in the affairs of the Town for the ensuring fiscal year;
(3) A statement of the amount required for interest on the bonded debt, the amount necessary to pay any bond maturing during the year and the amount required for the 'Sinking Fund' or 'Sinking Funds';
(4) An estimate of the amount of money to be received from taxes, water rents, sewer service charges, front foot assessments, license fees and all other anticipated income of the Town from any source or sources whatsoever.
(5) A reserve fund for unanticipated expenses.
(d) The Town Council shall. so far as possible, adhere to the budget so adopted in the making of appropriations.
Enumeration Of Powers
Section 30.
(a) Not by way of limitation upon the power vested in the Town Council