Lewes
Incorporation
Section 1.
(a) The inhabitants of The City of Lewes within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided and the inhabitants of all the public land, whether within the corporate limits of The City of Lewes, as defined herein, or on the public land contiguous to but outside the corporate limits of The City of Lewes, as defined herein, and fronting on the Delaware Bay between the point of Cape Henlopen on the South and Veasey's Inlet on the North are hereby declared to be a body politic and corporate in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature whatsoever by the corporate name of "The City of Lewes."
(b) For the purpose of this Chapter, a "leaseholder" shall be deemed to mean and include a person holding land under a valid lease, either in his own name or as a coparcener or jointly with his or her spouse from either the State of Delaware or from the Commissioners of Lewes or The City of Lewes for a term of at least ten (10) years whose Lease is recorded in the Office for a term of at least ten (10) years whose Lease is recorded in the Office of the Recorder of Deeds, in and for Sussex County, and who has erected upon the leasehold an improvement having an assessed valuation of at least One Thousand Dollars ($1,000.00) as shown by the records of The City of Lewes, and, for all purposes of this Chapter, the word "freeholder" shall be deemed to include any person who holds fee simple title to real estate either in his own name, as a tenant in common, or as a joint tenant or as a tenant by the entirety. (69 Del. Laws, c. 97, 7/6/93)
Territory and Limits
Section 2.
The present boundaries and limits of The City of Lewes are hereby established and declared to be, as follows: Beginning at a point on the Bay shore at the mouth of Broadkiln River and following said river to a point where the Lewes River intersects; thence following said Lewes River until it reaches the mouth of Canary Creek; thence following said Canary Creek until it intersects a line drawn from Greenhill Lighthouse to a point on the Southwest side of Block House Pond and Market Street; thence following said Market Street until it strikes a division line between the lands of Sarah C. Wright and Eliza Metcalf; thence following said division line to South Street; thence running the same course between the lands of Dr. Hiram R. Burton and Virginia L. Mustard across King Street to a point in George Robinson's field about five hundred feet from King Street; thence in an Easterly direction until it strikes the division line between the lands of Robert Arnell and lands formerly of Dr. David Hall; thence following said course until it strikes a ditch through Miss McIlvanine's lands, following said ditch to Lewes Creek; thence following said Creek in a Southeasterly direction until it strikes the former corporation line; thence following said line to the Bay shore; thence following the low water mark along said Bay Shore to the place of Beginning, together with the following described tracts of land which were annexed to the corporate limits of The Town of Lewes:
Parcel No. 1. Situate, lying and being Southeast of and adjacent to a present Southeast boundary line of the Town of Lewes described as: "a ditch through Miss McIlvaine's land" (See Laws of Delaware, Vol. No. 22, Chapter 199, See. 1, and Vol. No. 43, Chapter 170, Sec. 2, page 723). Beginning for said Parcel No. 1 at a point in the present Town line described as: "a ditch through Miss McIlvaine's land" where a ditch flowing Northeast out of White's Pond, and a ditch flowing North through lands now or formerly of Charles White, intersect and merge with said ditch flowing through lands formerly of Miss McIlvaine, now lands of Fish Products Company. Said beginning point being also a corner for lands of Fish Products Company (formerly lands of Edith P. Melson) and lands now or formerly of Charles White. Thence from said beginning point, and with the division line between lands of Fish Products Company, and land now or formerly of Charles White and with bearings being referred to the true meridian, S. 18° 37' E. 445.17 ft. to a stake; thence along line for lands of Fish Products Company and line for lands of Percy Schmierer N. 71° 48' E. 678.48 ft. to the Southwesterly side of Gills Neck Road; thence continuing same course N. 71° 48' E. 30 ft. further to the Northeasterly side of said Gills Neck Road; thence along the Northeasterly side of said road S. 17° 00' E. 145.2 ft.; thence with a line through lands of Fish Products Company, it being also the original division line between lands formerly of Jacob A. Marshall, and lands formerly of Jane McIlvaine N. 87° 43' E. 594.0 ft; thence N. 79° 37' E. 49.5 ft.; thence N. 64° 07' E. 693 ft. or such distance as will reach the Southwest bank of the Lewes and Rehoboth Canal; thence along the Southerly bank of said Canal in a Northwesterly direction such a distance as will reach the mouth of the aforesaid ditch running through lands formerly of Jane McIlvaine, now lands of Fish Products Company, the mouth of said ditch being located at the bend in the Gills Neck Road, and is N. 17° 00' W. 1005.8 ft. from the end of the herein described second course; thence up said ditch, which is a present boundary line for the Town of Lewes, in a Southwesterly direction such a distance as will reach the place of beginning. Containing 34.6 acres more or less. A plot entitled Plot of the Lands in the Office of the Recorder of Deeds in and for Sussex County at Georgetown, Delaware in Plot Record No. 1, page 32.
Parcel No. 2. Situate lying and being adjacent to and West of the present West boundary lines of the Town of Lewes; as set out in Laws of Delaware, Vol. No. 22, Chapter 199, Sec. 1, and Vol. No. 43, Chapter 170, Sec. 2, page 723. Beginning for said parcel No. 2 at a point in the Northwest side of Market Street and on the Southwest side of Block House Pond in said Town of Lewes, Delaware. Said beginning point being the end of the third course; as described in Laws of Delaware, Vol. No. 22, Chapter 199, Sec. 1, and the end of what is intended to be the fourth course in the description of the present Town boundary lines found in Laws of Delaware, Vol. No. 43, Chapter 170, Sec. 2, page 723, but said fourth course being omitted therein. Thence from said beginning point, and with the Northwesterly side of Market Street, S. 43' 45' W. (as surveyed in 1874 with bearing being referred to the Magnetic meridian of that date) such a distance as will reach the Southwesterly side of the street or road which lies between land of the Lewes Special School District and lands of the United States Government; known as Fort Miles Hospital Area; thence along the Southwesterly side of said unnamed street, or road in a Northwesterly direction such a distance as will reach the Southeasterly side of Stanley Miller's Subdivision known as "Highland Acres"; thence along the Southeasterly line of said Subdivision, "Highland Acres" and line for lands of the United States Government or Fort Miles Hospital Area, and in accord with a survey dated February 13, 1951, with bearings referred to the Magnetic Meridian of that date S. 47° 58' W. 274.69 ft. to a concrete marker; thence S. 46° 03' W. 575.71 ft. to a concrete marker; thence along the Southwesterly side of said Subdivision, and line for lands of Lewes Graves (formerly lands of Delaware, Maryland and Virginia Railroad Company) N. 49° 20' W. 743.76 ft. to a corner fence post, thence along the Northwesterly side of said Subdivision, and line for lands of William Russell N. 46° 00' E. such a distance as will reach the aforesaid fourth line of the Town's present limits, namely, a line drawn from Greenhill Light House to a point on Southwest side of Block House Pond and Market Street; thence following said line in a Southeasterly direction to the place of beginning let the area be what it may. In the event it should be determined that there still remains some land in the possession of the Lewes Special School District which lies beyond the Corporate limits, then such additional lines as found necessary to include such lands of the Lewes Special School District shall be included, and become a part of this description. A plot of aforesaid Subdivision "Highland Acres" is now of record in the Recorder of Deeds Office in and for Sussex County, at Georgetown, Delaware, in Plot Record No. 2, page 32.
Parcel No. 3. Beginning at a point, said point being at the intersection of lands of Highland Heights, Inc., the corporate limits of The Town of Lewes and lands of Lewes Special School District; thence South 43 degrees, 31 minutes, 47 seconds West, such distance as is required to reach a corner for these lands, lands now or formerly of William Russell Heirs and Highland Acres Subdivision; thence along and with the line of lands now or formerly of William Russell Heirs, North 47 degrees, 47 minutes and 8 seconds a distance of 497.56 feet to a point, said point being a corner for these lands, lands now or formerly of William Russell Heirs and lands now or formerly of John S. Wingate; thence by and with the division line between these lands and lands now or formerly of John S. Wingate North 43 degrees, 44 minutes, 45 seconds East such distance as is required to reach the present corporate limits of The Town of Lewes; thence in a southeasterly direction by and with the present corporate limits of The Town of Lewes, home to the place of beginning containing approximately seven (7) acres of land more or less.
Annexation of Territory
Section 3.
In the event it becomes feasible and necessary for the future of the City of Lewes to enlarge its then existing limits and territory, such annexation accomplished with the following procedure shall be lawful :
(a) If all the property owners of a territory contiguous to the then existing corporate limits and territory of The City of Lewes, by written Petition, with the signature of each such Petitioner duly acknowledged, shall request the City Council to annex that certain territory in which they own property, the Mayor of The City of Lewes shall appoint a committee composed not less than three (3) of the elected members of the City Council to investigate the possibility of annexation. The Petition presented to the City Council shall include the description of the territory requested to be annexed and the reasons for 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 City Council of The City of Lewes. The Report so submitted shall include the advantages and disadvantages of the proposed annexation both to the City 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 City and to the territory proposed to be annexed, the City Council may then pass a second Resolution annexing such territory to The City of Lewes. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected Members of the City Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, the procedures to be filed shall be the same as hereinafter provided as if the annexation were proposed by 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 City of Lewes.
(b) If five (5) or more, but not all the property owners resident in a territory contiguous to the then limits and territory of The City of Lewes, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the City Council to annex that certain territory in which they reside and own property, the Mayor of The City of Lewes shall appoint a committee composed of not less than three (3) of the elected members of the City Council to investigate the possibility of annexation. The petition presented to the City Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the City Council, by a majority vote of the elected members thereof, may, by Resolution, propose that a committee, composed of not less than three (3) of the elected members of said City Council, be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The City of Lewes.
(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 City Council. The reports so submitted shall include the advantages and disadvantages of the proposed annexation both to the City and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, within sixty (60) days after receiving the report, a second Resolution shall then be passed by the City Council proposing to the property owners and residents of both the city and the territory proposed to be annexed that the City 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 City or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the city 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 City Council. If the resolution shall fail to receive the affirmative vote of two thirds (2/3) of the elected members of the City 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 City Council setting forth the above information shall be printed in a newspaper published in The City of Lewes at least one (1) week prior to the date set for the public hearing, or, if no newspaper is published in the City, publication shall be had in a newspaper having a general circulation both in the City and in the territory proposed to be annexed, or, at the discretion of the City Council, said resolution shall be posted in five (5) public places both in the City 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 may then be passed by a majority of the City Council ordering a special election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the City Council's determination to proceed with the matter of the proposed annexation.
(e) The notice of the time and place of holding the said special election shall be printed within thirty (30) days immediately preceding the date of the special election in at least two (2) issues of a newspaper published in the City, or, if no newspaper is published in the City, the notice may be printed within thirty (30) days immediately preceding the date of the special election in two (2) issues of a newspaper having a general circulation both in the city and in the territory proposed to be annexed, or, in the discretion of the City Council, said notice may be posted in five (5) places both in the City and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the special election.
(f) At the Special Election, every property owner, whether an individual, partnership or a corporation both in The City of Lewes and in the territory proposed to be annexed shall have one (1) vote. Every citizen of either The City of Lewes 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 case of property owned by husband and wife jointly, the husband and wife shall each have one (1) vote. In the event that a person owns property both in The City of Lewes 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 City of Lewes and in the territory proposed to be annexed, but does not reside in either place, he may vote only in The City of Lewes 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 City of Lewes in the case of property owners and citizens of the City 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 and specifically authorizing the individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed in the Office of the City Manager of The City of Lewes . Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote at the Special Election.
(h) The City Council shall determine by Resolution whether paper ballots or voting machines are to be used at the said Special Election. In any event, the form of ballot shall be as follows:
[ ] For the proposed annexation.
[ ] Against the proposed annexation.
PLEASE MARK YOUR PREFERENCE
(i) The Mayor shall appoint three (3) persons to act as a Board of Special Election, at least one (1) of whom must reside and be the owner or leaseholder, as defined herein, of property in the City, and at least one (1) of whom must reside and be the owner or leaseholder, as defined herein, of property in the territory proposed to be annexed. One (1) of said persons so appointed shall be designated the presiding officer. Voting shall be conducted in the City Hall and the Board of Election shall have available, clearly marked, two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents, property owners or leaseholders, as defined herein, in the territory proposed to be annexed shall be deposited in one (1) such ballot box, and all ballots cast by those persons, partnerships, or corporations who are authorized to vote as residents or property owners of the City shall be deposited in the other such ballot box. The polling places shall be open from 12:00 Noon, prevailing time, until 7:00 in the evening, prevailing time, on the date set for the Special Election.
(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 City Council. Said Certificate shall be filed with the papers of the Council.
(k) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both 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 said Special Election. If a favorable vote for annexation shall have been cast, the City Council of The City of Lewes 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, in Georgetown, Delaware, but in no event shall said recordation be completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of The City of Lewes 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 considered to be a part of The City of Lewes 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 of the Board of Assessment of Sussex County, no election shall be necessary and the City Council of The City of Lewes 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 City Council to annex that certain territory in which the property is located. 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 proposed annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of the City of Lewes shall appoint a committee composed of not less than three (3) of the elected members of the City 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 City Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The City of Lewes 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 City and to the territory proposed to be annexed, the City Council of Lewes may then proceed to pass a second Resolution annexing such territory to the City of Lewes. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the City Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City 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 City 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 City Council 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 City of Lewes from the time of recordation. The failure of the City 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. (69 Del. Laws, c. 97, 7/6/93, 72 Del. Laws, c. 175, 7/16/99)
Structure of Government
Section 4.
(a) The government of the City and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in the Mayor and City Council. The term of the Mayor shall be a period of two (2) years commencing at the Annual Meeting of the City Council following his election and continuing until his successor is duly elected and qualified.
The City Council shall be composed of five (5) members, four (4) of whom shall be known as Council Persons, and one of whom shall be the Mayor; each of the Council Person's and the Mayor's terms shall be for a period of two (2) years commencing at the annual meeting of the City Council following his or her election and continuing until his or her successor is duly elected and qualified.
The Mayor and members of Council shall be entitled to vote in all matters. (72 Del. Laws, c. 175, 7/16/99)
Qualifications for Mayor and City Councilman
Section 5.
The qualifications for Mayor and for City Council Person at the time of this election shall be as follows:
(a) A bona fide citizen of the United States and of the State of Delaware and a resident of The City of Lewes for at least ninety (90) days next preceding the date of the annual election.
(b) At least Twenty-one (21) years of age; and
(67 Del. Laws, c. 34, 6/8/89)
(58 Del. Laws, c. 590, 7/26/72)
(d) Each of the qualifications for the Mayor and for the City Council Persons shall be continuing qualifications to hold office, and the failure of either the Mayor or any of the City Council Persons to have any of the qualifications required by this Section during his term of office shall create a vacancy in the office. (69 Del. Laws, c. 97, 7/6/93)
Method of Making Nominations for Mayor and City Councilman
Section 6.
Each candidate for Mayor and City Council Person shall be nominated as follows:
(a) Each candidate shall notify the City Manager in writing of his candidacy for the office of either Mayor or City Council Person, or five (5) or more persons qualified to vote in the Annual Election may file the name of the candidate for the office of Mayor or City Council Person with the City Manager, provided that the candidate endorses his written consent thereon.
(b) All such notifications of candidacy shall be filed at the office of the City Manager during the regular business hours of the City not earlier than the opening of business on February 1 and prior to the close of business on the first Thursday in April and thereon, it shall be the duty of the City Manager to deliver all notifications of candidacy or nominations for candidacy to the City Council at the regular meeting of the City Council in April of each year at which time the City Council shall sit in open meeting to hear the recommendations of the City Manager concerning the qualifications of each candidate. The City Council shall act upon the recommendation of the City Manager concerning each candidate.
(c) In the event that the City Manager is unable to act because of illness, absence, or for any other reason whatsoever, the names of all candidates shall be filed with the Deputy Mayor of the City who shall thereupon perform the duties required of the City Manager in subsection (b) of this Section.
(d) The City Council shall cause to be printed sufficient ballots in order for each citizen of the City to vote at the Annual Municipal Election. Said ballot shall contain the names of all persons nominated and shall designate the office for which each is a candidate, and such ballots shall be delivered to the Board of Election prior to the time for the opening of the polls at the Annual Municipal Election. No ballots to be used for voting at the Annual Municipal Election shall be available for distribution to any person prior to the time of his or her actually presenting himself or herself for the purpose of voting; provided however, that the Board of Election shall have available for distribution five (5) days prior to the date of the Annual Municipal Election sample ballots marked or defaced in such a manner that they cannot be used at the Annual Municipal Election. Only those ballots prepared in accordance with the provisions of this Section shall be used at the Annual Municipal Election. Where voting machines or electronic voting devices are used, the procedures enacted by the General Assembly as 15 Del. Laws, c. 50 and 50A, shall receive compliance. (69 Del. Laws, c. 97, 7/6/93)
Manner of Holding Annual Municipal Elections
Section 7.
The procedure for holding the Annual Municipal Election shall be as follows:
(a) The Annual Municipal Election shall be held at the City Hall in The City of Lewes on the second Saturday in May of each and every year from 8:00 in the morning, prevailing time, until 6:00 in the evening, prevailing time.
(b) At each Annual Municipal Election, there shall be elected two (2) Council Persons who shall serve for a term of two (2) years or until their successors have been duly elected and qualified, except at the Annual Municipal Election in the year when a Mayor is to be elected at which time two (2) Council Persons shall be elected to serve for a term of two (2) years or until their respective successor shall be duly elected and qualified.
(c) The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two (2) judges together with such alternates as are determined by the Mayor to be necessary all of whom shall be appointed by the Mayor of The City of Lewes with the concurrence of a majority of the members of the City Council at the last regular meeting of the City Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not entitled to vote thereat, taking reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the City Council. The Board of Elections shall keep a list of all persons who vote at such Annual Municipal Election.
(d) At such Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election and who shall be a citizen of the United States and a citizen of The City of Lewes shall have one (1) vote, provided, that he or she is registered on the Books of Registered Voters of The City of Lewes. For the purposes of this Section, a citizen of The City of Lewes shall be deemed to include any person who is a qualified voter of the Eighteenth Senatorial District and the Third Councilmatic District of, Sussex County, Delaware, residing within the corporate limits of The City of Lewes as defined in this Charter. The City Council of The City of Lewes shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the office of the City Manager. The Books of Registered Voters shall contain the following information for each registrant: the names of the registered voters arranged in alphabetical order, the addresses of the voters, the birth date of the voters, the dates the registrants became citizens of the United States, the date that the registrants became residents of The City of Lewes and any other pertinent information. No person shall be registered upon the Books of Registered Voters unless he will have acquired the qualifications to vote in the Annual Municipal Election for the year in which he registers. A person shall be required to register only one (1) time; provided, however, that if a registered voter fails to vote in two (2) consecutive annual municipal elections in which there is a contest for any office, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by registered mail with return receipt requested advising that his name has been removed from the Books of Registered Voters and that it will be necessary to register again in order to vote in the Annual Municipal Election. A person may register at the office of the City Manager during the regular business hours of such office until the close of business of such office on the 15th day prior to the date of the Annual Municipal Election by completing such forms as may be provided by the City. The City Council may provide by resolution for the Office of the City Manager to be open on one (1) Saturday within the thirty-day period immediately preceding the date of the Annual Municipal Election for the purpose of permitting persons to register to vote in such Annual Municipal Election (74 Del. Laws, c. 206 (2/3/04)
(e) The City Council of The City of Lewes may, by ordinance, provide for any qualified registered voter to cast an absentee ballot if such person is unable to appear and cast his or her ballot.
(f) In the event that no person files or is nominated for each office for which an election is to be held within the time set forth in Section 6 of this Charter, the incumbent shall be deemed to be re-elected for a full term and it shall not be necessary to hold an election.
(g) In the event that only one (1) person files or is nominated for each office for which an election is to be held within the time set forth in Section 6 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.
(h) No person other than the Board of Election, the City Manager and the clerks of the Board of Election, the challengers and persons actually voting shall be admitted within the voting place without the unanimous consent of the Board of Election.
(i) Each candidate may appoint some suitable person to act as a challenger who may be within the voting place. Each challenger shall be protected in the discharge of his duty by the Board of Election.
(j) No person other than the City 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 building 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 an elector or two (2) 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, requires it in order to render the necessary assistance. Each candidate shall be permitted to have one (1) person present in the voting room for the purpose of recording the names of the persons who vote.
(k) No person shall electioneer nor engage in any political discussion within the building during the hours of election or during the counting of the ballots.
(l) No more than one (1) person shall be permitted to occupy any voting booth at any one time except as otherwise provided in this Charter.
(m) 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.
(n) Upon the close of the election, the votes shall be read and counted publicly and in the case of an election of Council Persons, the persons having the highest number of votes shall be declared to be elected and in the case of the election of a Mayor, the person having the highest number of votes shall be declared to be elected. Such person shall continue in Office during the term for which they were elected or until their successors shall be duly elected or appointed and qualified.
(o) 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 so elected. 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 City Manager who shall preserve the same and shall be evidence in any Court of law or equity.
(p) If two (2) or more candidates for the office of Council Person or for Mayor shall receive an equal number of votes so that there shall not be an election of a Mayor or Council Person, the incumbent Mayor or Council Person shall continue in Office until the run-off election as herein provided is held. The Board of Election shall declare the election a tie and shall report that result to the Mayor and the City Council which shall, within twenty (20) days thereafter, hold a Special Election between those candidates where a tie resulted under the same rules as hereinbefore set forth. No person shall be permitted to register to vote following the Annual Municipal Election and before the Special Election in order to vote at the Special Election. (69 Del. Laws, c. 97, 7/6/93)
Organization and Annual Meeting of Council
Section 8.
(a) At any time subsequent to the date of election and prior to the first regular meeting following the Annual Municipal Election and before entering upon the duties of their respective offices, the Mayor-elect and the Council Persons-elect shall be sworn by a notary public to perform faithfully and impartially the duties of their respective offices with fidelity. . At the first regular meeting following the annual election at the first regular meeting following the annual election, the Mayor and Council Persons shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity as aforesaid.
(b) At this Annual Meeting, held on the first regular meeting following the annual municipal election, the City Council shall organize and the Mayor, by and with the advice and consent of a majority of all of the members of the City Council, shall appoint a Deputy mayor, who shall hold office for the term of one (1) year or until his successor shall be duly elected. The Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint a Secretary from its own number to serve until the first regular meeting after the next annual municipal election. The Mayor, by and with the advice and consent of all the members of the City Council, shall appoint an Assistant Secretary, who may or may not be a member of the City Council, to serve as aforesaid, and such other officers and employees as may be determined to be necessary.
(c) The Mayor and each other member of City Council shall receive as compensation such amount as shall be determined by the Mayor and City Council by ordinance or resolution for fulfilling his or her duties and for attendance at any regular meeting, special meeting, workshop meeting, public hearing or committee meeting. The time of payment shall be determined by the Mayor and City Council. (69 Del. Laws, c. 97, 7/6/93, 72 Del. Laws, c. 13, 4/12/99, 72 Del. Laws, c. 175, 7/16/99, 74 Del. Laws, c. 2, 1/31/03)
Regular and Special Meetings
Section 9.
The City Council of The City of Lewes shall hold one meeting in each month on the second Monday of the month. If the second Monday of the month shall be a legal holiday or a quorum cannot be obtained, the monthly meeting of the City Council of The City of Lewes shall be held on another day within the same month. Special meetings shall be called by the Secretary upon the written request of the Mayor of The City of Lewes, or upon the written request of any other two members of the City Council of The City of Lewes, 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 City Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary must be deposited in the United States mail in the main Post Office of The City of Lewes at least forty-eight (48) hours before the time of such special meeting; provided, that a written waiver of such notice, signed by the Mayor of The City of Lewes and by all members of the City Council prior to or immediately upon the convening of such special meeting, shall make such written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in such waiver, and the transaction of any other business at the meeting, if the waiver so states. (72 Del. Laws, c. 175, 7/16/99; 74 Del. Laws, c. 207 (2/3/04)
Quorum
Section 10.
A majority of the members elected to the City Council shall constitute a quorum at any regular or special meeting; but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
Rules and Minutes of Council
Section 11.
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 12.
If any vacancy shall occur in the office of Mayor or Council Person, by death, resignation, loss of residence in The City of Lewes, refusal to serve, failure to elect, or otherwise, the same may be filled by a majority vote of the members of the City Council, the person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members, and shall hold office for the remainder of the unexpired term. (69 Del. Laws, c. 97, 7/6/93)
Disqualifications
Section 13.
If any Council Person or Mayor, during his term of office, shall be found guilty of any crime or misdemeanor and sentenced to imprisonment for any term whatever, or shall for any reason cease to be resident of said City, he shall forthwith be disqualified to act as a member of Council or Mayor, and his office shall be deemed vacant and shall be filled by Council, as aforesaid. (69 Del. Laws, c. 97, 7/6/93)
Contracts
Section 14.
(a) It shall be unlawful for the City Council to make or enter into any contract in excess of Five Hundred Dollars ($500.00) for materials, supplies, work or labor for the benefit and use of The City of Lewes with any member of the City Council or the Mayor or with any partnership in which any member of the City Council or the Mayor is a general partner or with any corporation in which any member of the City Council or the Mayor is a director or controlling stockholder or with any firm or company which any member of the City Council or Mayor is pecuniarily interested, provided that if all the elected members of the City Council shall vote to enter into such contract, then the City may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null and void.
(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder; PROVIDED, HOWEVER, that competitive bidding shall not be required in any of the following circumstances:
1. The aggregate amount involved is not more than ten thousand dollars ($10,000.00);
2. The purchase or contract is for personal or professional services;
3. The purchase or contract is for any service rendered by a university, college or other educational institution;
4. The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision thereof;
5. The purchase or contract is for property or services for which it is impracticable to obtain competition;
6. The public exigency as determined by the City 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 City Manager;
8. The purchase or contract is for property or services for which the City Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or were not independently reached in open competition;
A public emergency as determined by the City Council exists. (64 Del. Laws, c. 233, 2/13/84)
Duties of the Mayor
Section 15.
(a) The Mayor of the City of Lewes shall preside at all meetings of City Council. 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 of nuisances and violations of law and ordinances to the City Council at the first regular meeting thereafter. He may require the Alderman or the Assistant Alderman, as hereinafter provided for in this Act, or the resident Justice of the Peace to proceed upon such infractions or violations of law or ordinances immediately in the event that he deems such action to be required.
(b) The Mayor may, by and with the consent or upon the address of a majority of all members of the Council, remove from office any person appointed by him or her or by any of the Mayor's predecessors.
(c) The Mayor may appoint such other committees as he deems necessary for the proper administration of The City of Lewes or the Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this Act.
(d) It shall be the duty of the Deputy Mayor of the City Council, in the absence of the Mayor to preside at all of the meetings of the City Council and in the event of absence of the Mayor to perform such other duties and have such other powers of the Mayor as are prescribed by the Charter of The City of Lewes or by any ordinance of the Council. (69 Del. Laws, c. 97, 7/6/93, 72 Del. Laws, c. 175, 7/16/99)
Secretary
Section 16.
(a) The Secretary shall have charge and custody of the books, journal, records, papers and other effects of the City and shall keep the same in a safe and secure place. He shall keep a full and complete record of all the transactions of The City of Lewes. He shall be an ex-officio member of all committees, and shall keep a record of the transactions and proceedings of the same, together with such other duties as may be prescribed by this Charter or by ordinance or rule of the City Council of The City of Lewes. He shall file and keep in a safe place the seal of The City of Lewes and all papers and documents arising out of the proceedings of the City Council of The City of Lewes and relative to the affairs of the City. He shall deliver the same to his successor in office. He shall attest the seal of The City of Lewes when authorized by the City Council and shall perform such duties and have such other powers as may be prescribed by ordinance.
(b) All books, records and journals of the corporation in the custody of the Secretary may, in the presence of the Mayor, Secretary, Assistant Secretary, or any member of the City Council of The City of Lewes be inspected by any citizen of the City 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 City. (69 Del. Laws, c. 97, 7/6/93)
(c) All records, books, papers and documents in the custody of the Secretary shall at all times be open for the inspection of members of the City Council of The City of Lewes.
(d) The compensation of the Secretary for his duties, as such, shall be determined by the City Council.
Assistant Secretary
Section 17.
The duties and powers of the Secretary as hereinbefore prescribed shall devolve upon the Assistant Secretary in the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such other powers as may be prescribed by resolution by the City Council of The City of Lewes and shall receive such compensation as the City Council by resolution shall determine.
Alderman and Assistant Alderman
Section 18.
(a) The Mayor, by and with the advice and consent of a majority of all the members of the City Council, 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 be a resident of the City of Lewes and shall not be a member of the City Council of the City of Lewes. Any person appointed by the Mayor to serve as Alderman or Assistant Alderman shall be appointed for a term of one (1) year or until his successor shall be duly appointed. Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council of the City of Lewes. (72 Del. Laws, c. 175, 7/16/99)
(b) Before entering upon the duties of his office, the persons appointed by the Mayor to serve as Alderman and 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 City of Lewes and ordinances duly enacted by the City Council of The City of Lewes and to carry into effect all orders of the City Council of The City of Lewes 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 City Council shall procure a suitable record for the use of the Alderman and the Assistant Alderman. Such record shall be known as the "Alderman's 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 City of Lewes 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 City of Lewes and any ordinance enacted thereunder; of all neglects, omissions or defaults of any City Officer, agent or employee; PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman shall impose any fine in excess of Five Hundred Dollars ($500.00) nor imprison any offender for more than sixty (60) days except as otherwise provided in the Charter of The City of Lewes. The Alderman and the Assistant Alderman, may in addition to any fine or term of imprisonment permitted to be assessed or imposed, impose and collect such costs as are set by ordinance by the City Council of The City of Lewes; PROVIDED, HOWEVER, that no cost shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service.
(e) The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the City Council reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer of the City 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 City Council.
(g) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the City Manager, within two (2) days after his removal from office, all the books and papers belonging to his office, and shall pay over to the City Manager all monies 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 City Manager shall require the auditor of the City, 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 City Manager within the time specified by this Charter, or to pay over all the monies to the City 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 ($25.00) nor more than One Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the City Manager or to pay over all monies to the City Manager.
City Manager
Section 19.
(a). The Mayor, by and with the advice and consent of a majority of all the members of the City Council, may appoint a City Manager for such duties, terms and for such compensation as shall be determined by City Council.
(b) No person holding the office of Mayor or the office of City Councilperson shall, during the term for which elected, be appointed to act as City Manager.
(c) In case of absence, disability or suspension of the City Manager, the Mayor, with the concurrence of a majority of all the members of the City Council, may designate some qualified person to perform the duties of the office during such absence, disability or suspension. (72 Del. Laws, c. 175, 7/16/99; 75 Del. Laws, c. 248 4/12/06)
Power to Borrow Money and Issue Bonds
Section 20.
The City Council may borrow money and issue bonds or certificates of indebtedness to secure the payment thereof on the faith and credit of The City of Lewes, to provide funds for the erection, the extension, the enlargement, the purchase or the repair of any plant, machinery, appliances, or equipment for the supply, or the manufacture and distribution of electricity or gas for light, heat or power purposes; for the furnishing of water to the public; for the construction, repair or improvements of highways, streets or lanes, or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of The City of the cost of any permanent municipal improvements; provided, however, that the borrowing of the money therefor shall have been authorized by the City Council and shall have been approved by the electors in the manner and at the time following:
(a) City Council, by resolution, shall propose to the electors of The City of Lewes that a sum of money not to exceed a stated principal amount, shall be borrowed for any or all of the above purposes; the resolution shall state the maximum principal amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing same, and other pertinent facts relating to the loan which are deemed pertinent by the City Council and in their possession, and shall fix a time and place for a hearing on the said resolution. (74 Del. Laws, c. 208, 2/3/04)
(b) Notice of the time and place of the hearing on the resolution authorizing said loan shall be printed in a newspaper having a general circulation in the City and or, in the discretion of the City Council, distributed in circular form at least one week before the time set for said hearing.
(c) A second resolution shall then be passed by Council ordering a special election to be held not less than thirty days and not more than sixty days after said public hearing to borrow the said money, for the purpose of voting for or against the proposed loan. The passing of the second resolution calling the special election shall ipso facto be considered Council's determination to proceed in the matter in issue.
(d) The notice of the time and place of holding the said special election shall be printed in two issues of a newspaper having a general circulation in the City within the thirty days immediately prior to the election, or, in the discretion of the City Council, distributed in circular form at least fifteen days prior to the election, or both at the discretion of the Council.
(e) At such Special Election,
(1) Residents.
Every individual of at least eighteen (18) years of age who is a citizen of the State of Delaware, who is a bona fide resident of the City of Lewes or of public lands under the jurisdiction of the City of Lewes, shall have one (1) vote.
(2) Non-resident property owner or leaseholder.
(a) Every non-resident owner of real property within the City or holder of public land under a valid lease from the City Council, whether an individual of at least eighteen (18) years of age, a partnership, corporation or other entity, shall have one (1) vote; provided, however, that there shall be no more than one (1) vote per parcel or lot of real property.
(b) Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote.
(c) A person, other than an individual, entitled to vote pursuant to this Subparagraph (2), shall, prior to the time any such person’s vote is cast, provide the Board of Election with a notarized certificate or resolution naming the individual who is at least eighteen (18) years of age and is a citizen of the United States who is authorized to act on behalf of such person to cast said vote. For parcels or lots owned by more than one (1) individual or entity, only one (1) owner may cast the vote of that parcel or lot.
(3) These provisions shall be construed so as to permit only ‘one-person, one vote’. Where a voter is entitled to vote by virtue of both residence and ownership of property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more properties, that voter shall be entitled to only one vote.
(4) The books and records of The City of Lewes in the case of property owners, leaseholders and citizens of the City shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election.
(5) In the event that an individual holds a power of attorney duly executed and acknowledged and specifically authorizing the individual to vote at the said Special Election, such duly authenticated power of attorney shall be filed in the Office of the City Manager of The City of Lewes. Said power of attorney so filed shall constitute conclusive evidence of the right of said person to vote at the Special Election. (69 Del. Laws, c. 97, 7/6/93; 74 Del. Laws, c. 208, 2/3/04)
(f) Any Special Election held pursuant to the provisions of this section shall be conducted by voting machines, an electronic voting system or printed ballots as permitted by law which shall, at a minimum, have the following designation:
[ ] For the proposed borrowing
[ ] Against the proposed borrowing
(g) (1) The Mayor, by and with the advice and consent of a majority of the City Council, shall appoint three (3) persons, who may or may not be registered and qualified voters in the City of Lewes, to act as a Board of Election. The polling places shall be open for a minimum of six (6) hours as specified by the resolution of the Mayor and City Council. Persons in the polling place at the time appointed for closing of the polls shall be entitled to vote. The Board of Election shall be the sole and final judges of the legality of the votes offered at such Special Election and shall keep a true and accurate list of all persons voting.
(2) The Board of Election shall count the votes for and against the proposed loan; and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and shall deliver the same to the Council, and the original shall be filed with the paper of the Council. (74 Del. Laws, c. 208, 2/3/04)
(h) (1) If a majority of the votes cast at such Special Election shall be in favor of such borrowing, the City Council shall proceed with the issuance of said bonds or other indebtedness; provided, however, that the City Council may, by resolution, at any time prior to entering into a binding agreement for the public or private sale of such bond(s) or other indebtedness, abandon the proposed borrowing. The City Council shall prepare and cause to be advertised within thirty (30) days following the date of receipt by the City of Lewes of the certificate of the Board of Election described in subsection (g) hereof, the Notice of Adoption described in subsection (k) hereof, in two (2) issues of a newspaper having general circulation in the City of Lewes.
(2) The form of the bonds or certificates of indebtedness and the thereunto attached coupons, if any, the time or times of payment, the interest rate, the classes, the series, the maturity, the registration, any callable or redeemable features, the denomination, the name thereof and any other relative or appurtenant matter thereto shall all be determined by the City Council after said Special Election.
(3) The bonds may be sold at either public or private sale as determined by the City Council. If the bonds shall be offered for public sale, The City of Lewes shall first advertise a notice of sale inviting bids thereon, in a manner to be prescribed by the City Council , at least five (5) days before the date of sale, on which date of sale bids therefore will be accepted. The bonds shall be sold to the winning bidder whose bid offers the lowest true interest cost to The City of Lewes out of all bids timely submitted.
(4) With respect to its budget, and in fixing the rate of tax, the City Council shall provide a sinking fund for the payment of interest and principal of said bonds or other indebtedness at the maturity or maturities thereof.
(5) The faith and credit of The City of Lewes shall be deemed to be pledged for the due payment of the bonds or other indebtedness and interest thereon issued under the provision hereof, when the same have been properly executed and delivered for value and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness of The City of Lewes whether incurred before or after the passage of this Act. (74 Del. Laws, c. 208, 2/3/04)
(i) The bonded indebtedness shall not at any time exceed in the aggregate the total sum of Twenty-five percentum (25%) of the value of the real property situate within the limits of the City as shown by the last assessment preceding the creation of the said indebtedness.
In the event The City of Lewes should construct or acquire any plant, machinery, appliances, or equipment for the supply of electricity or gas for light, heat or power purposes, authority is hereby granted The City of Lewes to furnish electricity or gas for light, heat or power purposes to the outlying communities beyond the limits of said City as set forth herein or as extended by annexation as herein provided, and provided that such extension will not incur indebtedness in excess of the bonded limit of said City and to do all things necessary to carry out this authority.
There shall be no limitation upon the amount of ad valorem taxes collected to pay the principal of and interest on any bonded indebtedness incurred pursuant to the provisions of this Section. (69 Del. Laws, c. 97, 7/6/93)
(j) In anticipation of the issuance of said bonds at any time after a Special Election approving the bond issue, the City Council may issue and sell bond anticipation notes of the City at either public or private sale for not less than par plus accrued interest, if any. Said notes may be renewed from time to time by the issuance of and sale of new notes. Said notes shall bear interest at a rate determined by the City Council to be fair and reasonable. All such notes shall mature and be paid not later than two (2) years from the date of issuance. The aggregate principal amount of all notes outstanding at any one time shall not exceed the aggregate principal amount of the notes authorized by the Special Elections approving such notes. Said notes shall be redeemed at par plus accrued interest, if any, prior to their maturity if the City Council shall have reserved the right to do so by an express provision in the note or notes. The principal and any interest due on said notes may be paid from the proceeds of the sale of the bonds authorized by this section. Both interest on and principal of any bond anticipation notes shall not be subject to taxation by the state of Delaware or any political subdivision thereof. (74 Del. Laws, c. 208, 2/3/04)
(k) No action contesting any proceedings conducted, or action taken, by the City Council hereunder regarding the authorization of any bonds or other indebtedness issued under this Section shall be brought after the expiration of twenty (20) days from the publication of a Notice of Adoption in two (2) issues of a newspaper having general circulation in The City of Lewes, which Notice of Adoption shall announce the following information:
(1) That The City Council has determined to borrow a sum of money not to exceed a stated amount and to issue bonds or other indebtedness therefore;
(2) That the proposal has been approved by a majority of those casting votes at a Special Election in the City of Lewes called for the purpose of voting for or against the borrowing;
(3) The maximum principal amount of money to be borrowed and any other details of the bonds or such other indebtedness, to the extent such details are known at the time of the advertisement of such notice;
(4) The purpose for which such amount of money is to be borrowed;
(5) That any person desiring to challenge the authorization of such bond(s) or other indebtedness must bring his, her or its action within twenty (20) days from the date of publication of such notice or forever be barred from doing so; and
Such notice shall be in bold print or bordered in black in such manner to call attention thereto. (74 Del. Laws, c. 208, 2/3/04)
(l) The City Council may refund any or all outstanding bonds or other indebtedness of The City of Lewes at the maturity thereof or in accordance with any callable feature or provision contained therein but refunding of such bonds or other indebtedness of The City of Lewes shall not require the procedures set out in this Section 20 so long as the outstanding principal amount of the refunding bonds or other indebtedness does not exceed the aggregate principal amount, plus accrued interest and redemption premium, if any, of the outstanding bonds or indebtedness to be refunded, plus the costs of the refunding, and shall be enacted by resolution of the City Council. (74 Del. Laws, c. 208, 2/3/04)
I
The Treasurer
Section 21.
(a) At the first regular meeting of the City Council following the annual election in each year, the Mayor, by and with the advice and consent of the majority of all of the members of the City Council, shall appoint a Treasurer who shall be a member of the City Council for a term of one (1) year. The Treasurer may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council. In the event that the office of Treasurer shall become vacant by reason of death, resignation, removal or otherwise, the Mayor, by and with the advice and consent of a majority of all the members of City Council, at the next regular meeting after said office shall have become vacant, shall appoint a proper person as defined herein to serve for the balance of the unexpired term of the said office.
(b) Before the Treasurer enters upon the duties of his office, he shall give bond to the City of Lewes with surety being an insurance company authorized to do business in the State of Delaware in the penal sum of Twenty Thousand Dollars ($20,000.00), conditioned upon the faithful discharge of the trust imposed in him and the payment over to The City of Lewes or to his successor in office of all such sums of money as may remain in his hands upon the settlement of his accounts. The said Treasurer shall pay all orders drawn on him by the City Council, and shall settle his accounts with City Council annually before the fifth day of December, and as often at such times as the City Council shall require. The said Treasurer shall receive a reasonable compensation to be determined by the City Council. (72 Del. Laws, c. 175, 7/16/99)
City Solicitor
Section 22.
At the first meeting following the annual election, the Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint a City Solicitor for a term of one (1) year. The City Solicitor shall be a member in good standing of the Bar of the State of Delaware. It shall be his or her duty to give legal advice to the Mayor and City Council and other officers of the City and to perform such other legal services as may be required by the City Council. The City Solicitor may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council of the City of Lewes. (72 Del. Laws, c. 175, 7/16/99)
Board of Health
Section 23.
(a) The Board of Health shall consist of four (4) members, one of whom shall be a practicing physician with an office in the City. The Mayor, by and with the advice and consent of a majority of all the members of the City Council, shall appoint the Board of Health, for a term of one (1) year or until their successors are duly appointed and qualified. The members of the Board of Health may be removed from office, at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council. The Board of Health shall have cognizance of and interest in the life and health of the people of the City. It shall report to the City Council, in writing, whatever is deemed by the Board to be injurious to the health of the people of the City, and shall make recommendations to the City Council concerning whatever may contribute to the health and sanitation of the people. The Board shall organize, by the election of a President and a Secretary, within thirty (30) days after the notice of their appointments and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of the Board. (72 Del. Laws, c. 175, 7/16/99)
(b) The Secretary of the Board may be allowed a reasonable annual compensation for his services which shall be determined by the City 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 City Council, but he shall be a resident of the City.
(c) The power to adopt ordinances relating to the health of the population of the City, or to prevent the introduction or spread of infections or contagious diseases or nuisances affecting the same, shall extend to area outside of the City within one mile from said limits.
Police Force
Section 24.
(a) The City Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of a police force. The police force shall preserve peace and order and shall compel obedience within the corporate limits of the City to the ordinances of the City and the laws of the State of Delaware. The police force shall have such other duties as the City Council shall from time to time prescribe. The City Council may subject the Chief of Police and the members of the police force to the direction of the City Manager acting on behalf of the City Council.
(b) Each member of the police force shall be vested, within the City limits, with all the powers and authority of a State Police Officer, and, in the case of pursuit of an offender, the power and authority shall be without territorial limitations. They shall be conservators of the peace throughout the City 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 ordinances enacted by the Mayor and City Council and all criminal, motor vehicle laws and violations enacted by the State of Delaware.
(c) Every person sentenced to imprisonment shall be delivered by a member of the police force to the correctional institution located in Sussex County or held in appropriate holding facilities to be there imprisoned for the term of such sentence.
(d) It shall be the duty of the police force to suppress riotous, disorderly or turbulent assemblages of persons in all public ways and places of the City, and, upon view of the above or upon view of any violation of any ordinance of the City relating to the peace and good order thereof, the police force shall have the right and power to arrest without warrant and to take the offender before the Alderman, Assistant Alderman or before any Justice of the Peace in Sussex County for hearing thereon. 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 or held in appropriate holding facilities 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. (72 Del. Laws, c. 175, 7/16/99; 75 Del. Laws, c. 248 4/12/06)
Assessor
Section 25.
(a) At the first regular meeting following the annual municipal election, the Mayor, by and with the advice and consent of a majority of all the members of City Council, shall appoint a bona fide resident being a freeholder or leaseholder as defined herein of the City to be the Assessor.
(b) On good behavior, the term of office of the Assessor shall be one year and shall expire on the date of the first regular meeting of the year succeeding his appointment.
The Assessor may be removed from office at any time, with or without cause, by the affirmative vote of a majority of all the members of the City Council.
(c) He shall be sworn or affirmed by the Mayor of The City of Lewes, to perform his duties with fidelity and without favor. It shall be his duty to make a fair and impartial assessment of property and persons subject to taxation situated within the City and to perform such other duties in reference thereto as shall be prescribed, from time to time, by the City Council.
(d) The compensation to be by him received for the performance of his duties and the hiring of employees to assist him in the performance of his duties shall be fixed by and subject to the approval of the City Council. (72 Del. Laws, c. 175, 7/16/99)
Assessment of Taxes
Section 26.
(a) The Assessor shall, prior to the first regular meeting in January, make a just, true and impartial annual valuation or assessment of all real estate and improvements located on lands under lease as defined herein within The City of Lewes. In making such assessment, the rules, and exemptions now applicable by law to the making of the County Assessment of persons and properties shall be applicable insofar as consistent with the provisions of this Charter. All real estate and improvements located on lands under lease as defined herein shall be described with sufficient particularity to be identified. Real estate and improvements located on lands under lease as defined herein shall be assessed to the owner or owners if he or they be known. If the owner or owners 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 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 of Sussex County at Georgetown, Delaware.
(b) The Assessor shall also make a personal assessment of all the male and female citizens of the City above the age of eighteen (18) years. He shall also make a personal assessment against all person or persons residing within the limits of the City whether he be an owner of said real estate or not; said personal assessment shall be determined by The Commissioners and certified to the Assessor. Said personal assessment or per-capita tax, in the case of both resident and non-resident real estate owner, shall be in addition to the assessment levied on the real estate so owned by and assessed against them. (69 Del. Laws, c. 97, 7/6/93)
(c) The Assessor, after making such annual assessment, shall at the first regular meeting in January, aforesaid, deliver to the City Council, a list containing the names of all persons assessed and the amount of the assessment against each. He shall also deliver at such time as many copies of said list as the City Council shall direct.
(d) The annual assessment list shall distinguish the real and personal assessment of each person and shall also be arranged so that the land, the improvements thereon, the improvements located on lands under lease as defined herein and the per-capita assessment shall appear in separate column of spaces. In making its assessment, the Assessor shall make his valuation accordingly.
(e) The real property of the Assessor shall be assessed by the City Council.
(f) Immediately upon receiving the annual assessment list from the Assessor, the City Council shall cause a full and complete copy of same containing the amount assessed to each taxable to be hung in a public place in The City of Lewes, and there is shall remain for a period of at least ten (10) days for the information of an examination of all concerned. Appended thereto and also in five (5) or more public places in said City, there shall be posted notices advising all concerned that any property owner or leaseholder who desires to appeal his assessment shall file an appeal in writing stating the reason or reasons therefor not later than a certain day mentioned therein and not earlier than ten (10) days after the date of posting the true and correct copy of the annual assessment list and further that at the next regular meeting of the City Council following the expiration of time when an appeal shall be filed, the City Council will fix a time and date when the City Council will hold a Board of Appeals at which time it shall hear appeals filed in writing within the time specified from the said annual assessment. The decision of the City Council, sitting as a Board of Appeals, shall be final and conclusive, and said City Council shall revise and complete said assessment at this sitting. No Council Person shall sit upon his own appeal, but the same shall be heard and determined by the other members of the City Council. (69 Del. Laws, c. 97, 7/6/93)
(g) The Assessor shall be present on the day fixed for hearing appeals and shall furnish to the City Council such information and answer such questions as the City Council may require in respect to any assessment from which an appeal has been taken. The City Council shall have authority to enforce his attendance by appropriate process.
Supplemental Assessment
Section 26A.
(a) In addition to the annual assessment provided for in Section 26 of this Charter, the Assessor may, at his option, prepare a quarterly supplemental assessment list for any of the following purposes:
Adding property which was not included on the last annual assessment;
Increasing the assessed value of property which was included in the last assessment;
Correcting errors on the prior annual assessment;
Revising or modifying any exemption from taxation applicable to property within the City;
(b) The supplemental assessment list shall be prepared quarterly by the Assessor and the first such supplemental assessment shall be certified to the City Council on May 1, the second on August 1, the third on November 1, and the fourth on February 1 of each year.
(c) On the date of certification of the supplemental assessment list to the City Council by the Assessor each property owner shall be liable for the payment of real estate taxes equal to the assessed value of the property multiplied by the tax rate for the then current fiscal year applicable to the property; reduced by twenty-five percent (25%) when the property is listed on the second supplemental assessment list; fifty percent (50%) when the property is listed on the third supplemental assessment list; and seventy-five (75%) when the property is listed on the fourth supplemental assessment list. The amount of such tax, together with any interest, penalty and collection charge shall be a lien for a period of ten (10) years from the date of certification of the supplemental assessment list to the City Council by the Assessor and such lien shall have preference and priority to all other liens created or suffered on real estate or upon leaseholds or upon improvements located on land under lease as prescribed in this Charter although such lien or liens be of a date prior to the time of the attaching of such lien for taxes.
(d) Whenever the Assessor places a property on a supplemental assessment list, he shall deposit notice thereof in the regular mail addressed to the owner of the property affected thereby at the address shown on the assessment list, or if the address of such owner does not appear on the assessment list, then to the person occupying the property, of if there is no apparent occupant, such notice shall be posted on the property. Such notice shall be given no later than the date on which the supplemental list on which the property appears is certified to the City Council by the Assessor. The certification by the Assessor that the notice required by this Subsection was mailed or posted, as the case may be, shall be conclusive evidence that notice to the property owner was received.
(e) The Assessor shall publish a notice of the place or places where the supplemental assessment list may be inspected together with a notice of the time and place in the City when appeals in writing stating the reason or reasons therefor may be filed by any property owner or leaseholder, from the supplemental assessment list, not earlier than ten (10) days from the date of last publication and noticing that at the next regular meeting following the expiration of time when an appeal may be filed, the City Council will fix a time and place when the City Council will sit as a Board of Appeals to hear those appeals filed in writing within the time specified from the Supplemental Assessment. Such notice shall appear at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the City.The decision of the City Council sitting as a Board of Appeals, shall be final and conclusive and the said City Council shall revise and complete the said supplemental assessment at this sitting. Neither the Mayor nor any member of the City Council shall sit upon his appeal but the same shall be held and determined by the other members of the City Council.
Pending determination of the appeal, the property owner may either pay the tax imposed by the supplemental assessment and if on appeal the assessment is reduced, the property owner shall be entitled to a refund of the taxes which he has paid plus interest thereon at the rate of one percent (1%) per month for each month or fraction thereof from the date of payment or the property owner may decline to pay the tax imposed by the supplemental assessment in which case, interest and penalties shall accrue at the rate of one percent (1%) for each month or fraction thereof that the taxes remain unpaid and delinquent.
In the collection of all taxes imposed by the supplemental assessment list there shall be no deduction nor abatement of the taxes and the City Manager shall add an amount equal to one percent (1%) per month for each month or fraction thereof that such taxes remain unpaid following the date that such taxes became delinquent.
All taxes imposed by the Supplemental Assessment list and paid later than June 30 for the First Supplemental Assessment in each Year, August 31 for the Second Supplemental Assessment, November 30 for the Third Supplemental Assessment and February 28 for the Fourth Supplemental Assessment shall be delinquent. (68 Del. Laws, c. 218, 3/31/92, 69 Del. Laws, c. 97, 7/6/93)
Levy of Annual Taxes
Section 27.
(a) At the first regular meeting in March, after having revised and completed the assessment, the City Council shall determine to their best judgment and knowledge the total amount necessary to be raised by the City to meet all fixed and anticipated expenses and obligations of the City, including reasonable and appropriate reserves, for the then current fiscal year as set forth in the City Budget for each year plus a reasonable amount to cover unanticipated expenses and emergencies. (60 Del. Laws, c. 127, 6/26/75)
(b) It shall then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the City the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. The City Council shall then proceed to determine, assess, fix and/or levy the following:
a. The rate of tax on real estate and on improvements located thereon and on improvements located on land under lease as defined herein per $100 of assessed value; and/or
b. The amount of personal or per-capita tax upon each qualified voter; and/or
c. The rate of tax upon all poles, constructions, erections, wires and appliances more particularly mentioned, or intended so to be, in Section 29 (32) of this Charter, as amended; and/or
d. 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 29 (33) of this Charter, as amended; and/or
e. The fees or rates to be charged in respect of any other authorized source of revenue sufficient in their best judgment and estimation to realize the amount to be raised from each such source determined by them to be used, as aforesaid; Provided, however, that sources "d" and "e" aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Council as it, in its own proper discretion, shall determine.
(c) Immediately after the first regular meeting in February of each and every year, the City Council shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources a, b, and c, above mentioned. This list shall be known as the annual tax list of The City of Lewes. In addition to the information contained in the assessment list; it shall likewise contain information as to the rate of tax upon real estate and upon improvements located on land under lease, as defined herein, per $100 of assessed value thereof.
(d) The City Council shall cause to be delivered to the City Manager a duplicate of said annual tax list, and the City Manager shall immediately proceed to collect the same as hereinafter provided.
(e) Nothing contained in this Charter shall be construed to effect or impair in any way the validity of any tax, fee, assessment, or other charge lawfully levied, assessed, or due the Commissioners of Lewes, under existing laws in reference to said City and the same are hereby declared to be valid, binding and vested in The City of Lewes created hereby.
Collection of Annual Taxes
Section 28.
(a) The City Manager, as soon as the City Council shall have placed in his hands the duplicate annual tax list, shall proceed at once to collect the taxes on said duplicate list.
(b) All taxes so laid or imposed by The City of Lewes in such annual tax list, shall be and constitute a lien upon all the real estate together with improvements located thereon and a lien upon any improvements located on land under lease, as defined herein, of the taxable, against or upon whom such taxes are laid or imposed, of which such taxable was seized or owned at any time after such taxes shall have been levied and imposed, that is situated in The City of Lewes. Such lien shall have preference and priority to all other such liens on real estate or upon improvements located on land under lease as prescribed herein created or suffered by said taxable although such other lien or liens be of a date prior to the time of the attaching of such lien for taxes; provided, that the lien for such City taxes shall remain a lien for a period of ten (10) years from the date upon which the City Council shall deliver unto the City Manager the tax list therefor. If such real estate, or improvements located on land under lease as defined herein, remains the property of such person or persons who owned it at the time the tax was laid, then the lien shall not be extinguished until the tax is collected.
(c) All taxes shall be paid to the City Manager of The City of Lewes, and all taxes shall be due and payable at and from the time of the delivery of the tax list to the City Manager.
(d) All taxes shall be paid at the City office.
(e) In the collection of said taxes, the City Manager shall neither deduct nor abate any amount from the tax assessment and shall add an amount equal to one and one-half percent (1 1/2%) per month for each month or fraction thereof that such taxes remain unpaid following June 30. All taxes unpaid after June 30 of any year shall be considered delinquent. (68 Del. Laws, c. 218, 3/31/92; 69 Del. Laws, c. 97, 7/6/93; 76 Del. Laws, c. 8, 4/5/07)
(f) On the same day of the month of the second year following the delivery of the duplicate annual tax list to the City Manager, the City Manager shall make full, final and complete settlement with the City Council. The settlement shall take place on that day in the room in which the City Council holds their meetings. At such settlement, the City Council shall allow to the City Manager all taxes which shall have been impossible to collect by reason of errors in the assessment list, delinquencies or otherwise. No allowance shall be made for the default of neglect or delay of the City Manager. The settlement shall be final and conclusive and no other allowances, in any form shall be made to the City Manager by the City Council. Upon the conclusion of the settlement, the City Manager shall pay over to The City of Lewes, the aggregate amount of the taxes found to be due the City. Upon his failure or neglect to do so, it shall be the duty of the City Council to proceed to collect the same from the City Manager, and/or his surety. Default by the City Manager to the City in any sum, shall ipso facto, vacate his office; provided, however, that the City Council, for good cause shown shall have the power to extend the time for settlement by the City Manager for a period not exceeding six months.
Enumeration of Powers
Section 29.
Not by way of limitation upon the power vested in the City Council to exercise all powers delegated by this Charter to the municipal corporation except as may expressly appear herein to the contrary, but, rather, by way of enumeration and for purposes of clarity, the City Council is vested by this Charter with the following powers, to be exercised by said City Council in the interest of good government and the safety, health and welfare of the City, its inhabitants and affairs, that is to say,
1. To prevent vice, drunkenness and immorality.
2. To provide for and preserve the health, peace, safety, cleanliness, ornament and good order of the City and its inhabitants.
3. To prohibit all gaming and fraudulent devices.
4. To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements, and games.
5. To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf, dock, sewer, drain, aqueduct or pipe line, or portion thereof, in the City; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other highway within the City.
6. To regulate or control the observance of the Sabbath Day.
7. To establish and regulate pounds and to restrain, prohibit and empound any domestic or wild animal, beast, bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs.
8. To locate, regulate, license, restrain or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water closets and any business or buildings or conditions detrimental to the public health or constituting a public nuisance or of an offensive or noxious nature.
9. To enforce the removal of snow, ice, dirt or other foreign substance from sidewalks and gutters by owners or abutting owners.
10. To prohibit, remove, or regulate the erection and maintenance of, any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post, or any other erection of projection in, over upon or under any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the City.
11. To define, prevent, abate or remove nuisances, obstructions or any condition detrimental to the public safety, health or welfare.
12. To provide an ample supply of pure water for The City and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property or rights used in and about the collection, storage, purification, conveyance, distribution or sale of water; to regulate and prescribe for what private or public purposes the water furnished by the municipal corporation may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the water system or equipment of the City; to furnish, or refuse to furnish, water from the City system to places and properties outside the City limits; and to contract for and purchase water and distribute the same to users within or without the City with the same full powers as though such water had been initially reduced to usefulness by the municipal corporation itself.
13. To provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the City; to regulate and prescribe for what private or public purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities; to furnish or refuse to furnish, sewer disposal service from the City system to places and properties outside the City limits; in the interest of the public's health, to compel any and all properties in the City to be connected to the sewer system of the City; and to contract for and purchase sewer disposal service and to resell the same to users within or without the City with the same full powers as though such service had been initially provided by the facilities therefor of the municipal corporation itself.
14. To provide, construct, extend, maintain, manage and control a plant and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the City and for lighting the streets, highways, lanes, alleys, watercourses, parks, lake strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places of the City, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessary properly to light the City and to furnish proper connections for electric current and gas to the properties of the inhabitants of the City who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the municipal corporation may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any willful or negligent injury or damage to or interference with the electric or gas system or systems to places and properties outside the City limits; and to contract for and purchase electric current or gas and distribute the same to user within or without the City with the same full powers as though such current or gas had been initially reduced to usefulness by the municipal corporation itself. In providing charges for sale of electric current to a rental unit, the City may require the owner of said rental unit to be responsible for and to pay for the electric current furnished to such rental unit. (64 Del. Laws, c. 306, 6/30/84)
15. To fully control within the City the drainage of all water and, to that end, to alter or change the course and direction of any natural water course, runs or rivulet within the City, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct, extend, maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the City.
16. To provide, construct, extend, maintain, manage and control jetties, bulkheads, embankments, flood gates, piers, boardwalks, or fills for the preservation of any strand or high land within the limits of the City or contiguous thereto, to the end that the same may be preserved, property protected and the general public might enjoy the use thereof.
17. To grant franchises or licenses to any responsible person, firm, association or corporation, for such period of time, upon such terms, restrictions, stipulations and conditions and for such considerations as the City Council shall deem wise, to use the present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves,., docks, and other public places of the City for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, railroad excepting railroads or railways engaged in interstate commerce, bus, taxi or other transportation, carrier or public service to the City and to the persons, firms, or corporations residing or located therein and for the purpose of transmitting the same from or through the City to points outside the limits thereof, and for the purpose of erecting wharves and piers, and for the purpose of vending any article of merchandise or service upon, or from any vehicle upon any such present and future street, highway, lane, alley, etc.; provided, that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association or corporation whomsoever.
18. To regulate and control the exercise of any license or franchise mentioned in Section 29 (17) of this Charter or intended so to be.
19. To direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, highways, avenues, parks and grounds of the City and to authorize or prohibit the removal or destruction of said trees.
20. To direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the City which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.
21. To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
22. To regulate, control or prevent the use of storage of gunpowder, fireworks, tar, pitch, resin and all other combustible materials and the use of candles, lamps and other lights in stores, shops, stables and other places; to suppress, remove, or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fire.
23. For the prevention of fire and the preservation of the beauty of the City, to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; zone or district the City and make particular provisions for particular zones of districts with regard to building or building materials; and, generally to exercise all the powers and authorities vested in the legislative body of cities and incorporated towns under and by virtue of 22 Del. C. § 301 et seq., and all amendments thereto.
24. To acquire, build, erect and maintain a suitable place as a lock-up or jail for the City which shall be used as a place of detention for persons convicted of violation of law or ordinance, or for the detention of persons accused of violation of law or ordinances for a reasonable time, in cases of necessity, prior to hearing and trial; and to provide for the restraint,