Middletown
City Boundaries
Section 1.
That the Town of Middletown, in New Castle County, as the same is now bounded by Chapter One Hundred and Sixty-five, Volume Twenty-three of the Laws of Delaware:
That is to say, that Main Street and Broad Street shall extend one-half mile in each direction from the intersection of the centers of the said Main and Broad Streets in said Town: That the outside boundary lines of said Town shall be as follows, to wit: Beginning at a stone on the West side of North Broad Street, being the Northern limit of said Town as above stated: Thence with a straight line in a southeasterly direction to a stone on the northerly side of east Main Street in said Town, which is now the eastern extremity of the corporate limits thereof: Thence with a straight line in a southwesterly direction to a stone on the west side of South Broad Street, which is now the southern extremity of the corporate limits thereof: Thence with a straight line in a northwesterly direction to the stone on the north side of West Main Street in said Town, which is now the western extremity of the corporate limits thereof : Thence with a straight line in a northeasterly direction to the place of beginning; shall be governed and its affairs managed and conducted by a Mayor and four Councilmen, who shall have power to annex any contiguous territory upon the petition of two-thirds of the freeholders of such contiguous territory, and to extend and apply thereto all laws, ordinances, resolutions, rules and regulations in force within said Town, so far as the same may be legally applicable.
Municipal Elections
Section 2.
On the first Monday in March A. D. 1923, shall he held an election in Middletown, at which a Mayor and four Councilmen shall be elected: The Mayor shall be elected to serve for two years, and two of the Councilmen shall be elected for two years, and the remaining two Councilmen shall be elected for one year: The said election shall be held by an Inspector and two judges: The present Alderman of Middletown shall preside and act as Inspector, and the present Commissioners of the Town of Middletown shall appoint the judges, who shall also act as clerks. The President of the Board of Commissioners of the Town of Middletown shall, at least ten days before the said election, give notice thereof, stating the officers, to be elected, and the time and place of holding the election, by posting notices in five of the most public places in said Town.
And annually thereafter, on the first Monday in March, shall be held the general municipal election in said Town, to fill all vacancies in elective offices, whether caused by expiration of the terms or otherwise: The Mayor shall at least ten days before any general election, give notice thereof, together with the officers to be elected, and the time and place of holding the election, by posting notices in five or more of the most public places in said Town. There shall be an Inspector and two judges, and the judges shall also act as clerks, all of whom shall be appointed by Council.
No person shall be a candidate for election at the election to be held on the first Monday in March A. D. 1923, nor at any subsequent general municipal election, unless he shall have filed with Council, written notice of his candidacy, at least two weeks before the said election.
At each general municipal election every citizen of said Town who shall have attained the age of twenty-one years, and who shall have resided in said Town one year next preceding the day of election, and is a taxable thereof, and shall have paid a Town tax within said year, shall have a right to vote: But no one shall be permitted to vote who has been declared a delinquent for the year next preceding the election. The Inspector and Judges of the election shall decide on the legality of the votes offered.
Immediately after the election is closed, the votes shall be read and counted in public, and the persons having the highest number of votes shall be declared duly elected and shall continue in office during the term for which they were elected, or until their successors are duly chosen.
Immediately after such election, the persons under whose superintendence the election was held, shall enter in a book, to be provided for that purpose, a minute of such election, containing the names of the officers elected and the terms for which they have been chosen to serve, and sign the same. The book containing such minutes shall be preserved by the Council, and shall be evidence.
All elections shall be by ballot, and a plurality of votes cast shall make a choice.
A failure to hold an election on the day appointed for the same, or the omission to execute any authority conferred by his Act, shall not dissolve the corporation, but the authority of each officer shall continue until the next general municipal election.
Municipal Power
Section 3.
"The Mayor and Council" to be elected on the first Monday in March A. D. I923, as hereinbefore provided, and their successors in office, shall be, and they are hereby created a body politic and corporate in law, and shall have power to make and use a corporate seal, and to change, alter and renew the same; and they, and their successors shall be able and capable to sue and be sued, plead and be impleaded in all Courts in this State by the corporate name of "The Mayor and Council of Middletown;" and may have, take, purchase, possess, enjoy and retain, by lawful means, to it and its successors, within said Town, or beyond the limits thereof, lands, tenements and hereditaments, goods, chattels and effects of whatsoever kind, nature and quality, necessary for municipal purposes; and the same to lien, sell, grant, demise, alien or dispose of at pleasure: To receive devises, bequests, gifts and donations of all kinds of property within said Town and beyond the limits thereof, for its use and benefit, or in trust for charitable, benevolent, educational, or other public purposes, and to do all things necessary to carry out the purposes of such devises, bequests, gifts and donations: To acquire or erect public buildings for municipal purposes, and to regulate and control the management of the same:
To lay out, establish and maintain or, vacate public parks and squares; to lay out, open, grade, extend, widen, improve or vacate streets. and alleys, crossings and other highways; to construct, maintain or vacate sewers, drains, gutters and other works for the disposition of sewage and drainage of said Town; the jurisdiction and control over the squares, streets and alleys, sidewalks, crossings and highways to extend from building line to building line:
To supply said Town and its inhabitants with water, and to protect the water to be used from contamination; to provide for the acquisition or erection and maintenance of such works as may be necessary or convenient for supplying water, and to fix, alter, regulate and control the price and use of water so supplied:
To provide for lighting the streets and all public places in said Town, and for supplying the inhabitants thereof with light; to provide for the acquisition or erection and maintenance of such works as may be necessary or convenient for supplying such light, and to fix, alter, regulate and control the price and use of light so supplied:
To grant to persons or corporations, in such manner and upon such terms and conditions as it may prescribe, franchises and privileges to locate, construct, extend and operate any enterprise, in, upon, or through any public park, square, street or other highway; provided that such grant shall be subject to repeal or revocation for the abuse, misuse or use of the franchises and privileges thereunder granted: And provided further that no ordinance granting any such franchise or privilege shall be passed unless it shall receive the affirmative votes of three-fourths of all the members of the Council, as created by this Section, or two-thirds of all the members of Council after its number is increased to six under the provisions of Section 4 of this Act:
To regulate and control the storage, within said Town, of explosives, oils, compounds, or any other dangerously combustible matter: To grant licenses or permits for any lawful purpose, and to define the purposes for which licenses or permits shall be required:
To make and enforce sanitary regulations; to define, abate and remove nuisances, injurious to the public health or dangerous to the inhabitants of said Town; and to prevent the introduction of infectious or contagious diseases, for which said purpose its jurisdiction shall extend to any point within one mile beyond the limits of said Town:
To regulate and control the erection of buildings within said Town, and to require licenses or permits to be taken out before the erection or repair of any building:
To prohibit the going at large of any horse, cow or other animal, except under regulations prescribed by it; to lay and collect fines on the owner or harborer of any horse, cow or other animal found going at large in violation of such regulations; and to provide for the registration of dogs in said Town:
To make and enforce within said Town such fire, police and other regulations as may be deemed expedient to protect persons and property, maintain the public peace, prevent crimes and promote the public morals:
To borrow money for municipal purposes on the credit of the corporation and to issue bonds therefor in the manner and under the restrictions hereinafter provided:
To provide for the payment of the legitimate expenses of the corporation, and for the annual payment, through the medium of a sinking fund, or otherwise, of a portion of its bonded indebtedness, now existing, or hereafter to be created:
To prescribe the extent of steps, porches, cellar doors and other outlets to buildings; to regulate the construction and repair of chimneys, and to regulate party walls:
To provide for the submission of questions relating to the corporation to the qualified voters of the Town, as hereinafter provided:
To make the violations of its ordinances a misdemeanor in all proper cases, and to prescribe the punishment therefor by fine or imprisonment; provided that such fine shall not exceed Twenty-five Dollars ($25.00), and such imprisonment shall not exceed a term of sixty days:
To make general assessments of property in said Town, and assess and collect taxes and other rates and charges thereon, for municipal uses and purposes; provided, however, that The Mayor and Council of Middletown shall make no general assessments or collect any taxes or other rates and charges, as aforesaid, with respect to unimproved land lying within said Town or which may hereafter be annexed to and become a part of said Town so long as such land shall remain unimproved and shall not abut or be adjacent to an improved street within said Town; provided further that, upon the installation of an improved street in said Town, unimproved land abutting thereon or adjacent thereto shall thereafter be subject to assessment and taxation for municipal uses and purposes to the extent that such unimproved land fronts upon such improved street and to the depth of such lot or lots as shall appear on such plot or plan of said land as may be furnished or submitted to the Mayor and Council by the owner of such unimproved land after the Mayor and Council shall have given written notice unto such owner to furnish or submit such a plot or plan within a period of time to be fixed in said notice; if, however, such owner shall fail to submit or furnish such a plot or plan within the time prescribed, then such land shall be subject to assessment and taxation to the extent that such unimproved land fronts upon such improved street and to such reasonable depth as shall be fixed by the Mayor and Council after the Mayor and Council shall have given consideration to the depth of lots in close proximity thereto; provided further that “unimproved land” as used in this paragraph shall include but shall not be limited to farm and agricultural lands, even though farm residences and buildings exist or are erected thereon. To make and collect special assessments of said property for the costs of any local or general improvement; and to enforce the payment of such taxes and other rates and charges and special assessments. (49 Del. Laws, c. 257, 7/6/53)
To exercise all municipal powers necessary to the proper administration of the municipal government, and for the wellbeing of the inhabitants of said Town, whether said powers be expressly enumerated herein or not.
Composition Of Council
Section 4.
There shall be one executive officer called the Mayor, four members of Council, one Assessor, one Treasurer, and Alderman, and such other officers as the Council, by ordinance, may create and appoint.
Whenever the Council shall receive a petition, signed by at least twenty per cent of the qualified voters of said Town, to be determined by reference to the number of votes cast at the next preceding general municipal election, requesting an increase in the membership of Council from four to six members, the Council shall provide for the submission of the question, as to the increase in membership, to the voters the next general municipal election and shall give notice of the time and place of such submission, in the same manner as hereinbefore required to be given before any general municipal election, provided said petition was received by Council at least thirty days before the time fixed for such general municipal election. If two-thirds of the persons voting at such general municipal election shall favor such increase in the number of the members of Council, the legally qualified voters shall at the next subsequent general municipal election, in addition to the election of the members of Council, as provided for in this Act, vote for two additional members of Council, one to serve for two years and one to serve for one year, or until their successors are duly chosen and qualified.
The Mayor and Council of said Town shall continue to hold office during the respective terms for which they were elected, or until their successors shall have been duly chosen and qualified.
Salaries And Fees
Section 5.
No person shall be eligible to office who is not at the time of his election or appointment, a citizen of the State of Delaware, and who has not been a resident of the Town for at least one year. The Mayor and a majority of Council must be freeholders in said Town, and must have resided in the Town two years next before election.
Every officer of said Town, before he enters upon the duties of his office, shall take an oath or affirmation to support the Constitution of the United States, and the Constitution of the State of Delaware, and that he will perform the duties of the office to which he has been appointed or elected, with fidelity.
The Treasurer shall, before entering upon the duties of his office, give bond to the corporation, in such amount as shall be determined by the Council, and with surety, to be approved by the Council, conditioned for the faithful performance of the duties of his office. The Treasurer may or may not be a member of Council; he shall, from time to time. prepare and present to Council such reports as may be required of him. The Council may, by ordinance, or otherwise, require such other officers of the Town to give bond in such manner and with such conditions as it may deem proper.
The salaries, fees, or compensation of appointive officers shall be fixed by resolution of Council; but no salary or compensation shall attach to the office of Mayor or member of Council, except when appointed or assigned to perform the work of an appointive officer.
Death Of Elected Officers
Section 6.
In case of death, removal from the Town, resignation, or refusal to act, of any elective officer of said Town, or in case of any person elected or appointed to any office in said Town, shall be ineligible to the same, or shall fail to bond for the faithful performance of the duties of such office (when such bond is required by law or ordinance) before the time fixed for entering upon the duties of his office, such office shall thereupon become vacant, and the Council shall appoint a person to supply such vacancy until the same can be filled at the next general municipal election; any officer elected or appointed to fill any such vacancy shall hold for the residue of the term of the officer whose place he supplies.
Duties Of Mayor
Section 7.
It shall be the duty of the Mayor to see that the laws and ordinances of the said Town are faithfully executed. He shall have the custody of the seal of the corporation and the right of affixing the same. He shall approve or veto all ordinances, acts or resolutions of Council. If approved, he shall write "approved;" if not approved, he shall write "not approved," and shall sign the same: At the same time of writing his disapproval, he shall state his objections; whereupon the Council may reconsider its vote, and if three-fourths of the members of Council created by this Act, or two-thirds of the members of Council after its number is increased to six, shall favor such ordinance, act or resolution, such ordinance, act or resolution shall become a part of the ordinances, acts and resolutions of said Town.
The Mayor shall countersign all drafts on the Treasurer, with his approval or non-approval: If not approved, the Treasurer shall not pay such draft unless the Mayor's non-approval shall be overruled by Council, as hereinafter provided.
The Mayor shall preside at all meetings of Council, and shall perform the duties and exercise the functions of the Alderman in case of his death, absence or disability.
In case of absence or disability of the Mayor, the Council may designate any one of its members to act in his stead, with power to exercise such functions and authority as, under the circumstances, could be exercised by him.
In addition to the duties and powers set out above, the Mayor shall have the power to vote on any matter before council, but only in the event of a tie vote. (70 Del. Laws, c. 10, 4/3/95)
Regular Meetings
Section 8.
The regular meetings of the Council shall be held monthly, at such time as it may fix by resolution.
At the first regular meeting in March the Council shall choose from its number, a Secretary, whose appointment may be recalled at any time, for cause deemed sufficient, by a majority of Council.
It shall be the duty of the said Secretary to record all the proceedings of the Council, and keep a correct journal of the same in a book to be provided for that purpose; and also a record of all the papers relative and belonging to said Town, all of which shall be carefully preserved and delivered to his successor in office. His compensation shall be fixed by Council.
No ordinance, except in cases of emergency, shall he passed by Council other than at a regular meeting; nor unless such ordinance has been introduced at some previous regular meeting and copies thereof posted in five public place in said Town, at least ten days before final action of the Council thereon.
The Secretary shall sign all drafts on the Treasury, pursuant to a resolution passed by a majority of Council, and present them to the Mayor for his signed approval. If the Mayor shall return any such draft to the Secretary with his non-approval, the Secretary shall present it to the Council; and, if three-fourths of the Council, as created by this Act, or two-thirds, if hereafter increased to six members under the provisions of Section 4 of this Act, shall overrule the Mayor and each of them countersign the draft, it shall be paid by the Treasurer.
Streets
Section 9.
Upon the petition of five resident freeholders of said Town, setting forth that it is necessary and desirable that a new street or alley should be located and laid out, or that an existing street or alley should be vacated, altered, straightened or widened, and stating in said petition the point of beginning, general direction and point of ending thereof, and also the names of the persons whose real estate will be affected thereby, praying for the appointment of five judicious and impartial freeholders of New Castle County, to lay out, vacate, alter straighten or widen (as the case may be) said street or alley, and assess the damage to the owner or owners of the land and premises effected* thereby, the Council shall appoint five judicious and impartial freeholders of said County, to go upon and view said lands, directing them that if, in their judgment, the said proposed new street or alley, or the said proposed vacation, altering, straightening or widening an existing street, is necessary or desirable, to call to their assistance, a skilful surveyor, and proceed to lay out, vacate, alter, straighten or widen said Street or alley and assess the damage accruing to the owner or owners of the lands thereby effected:
The said freeholders shall view the grounds to be taken, occupied or vacated, and taking into consideration the advantages as well as the disadvantages accruing to the property effected, they, or a majority of them, shall assess the damage accruing to the owner or owners of said property, and make return of their finding, under oath or affirmation, to the Council, who shall cause such return to be entered in its journal, upon the payment, or tender of said assessed damages to owner or owners of the property effected as aforesaid, the property may be taken or occupied. The award and return of said freeholders shall be made within fifteen days after their appointment by the Council. They shall each receive for each day's actual service, the sum of Two Dollars:
Any freeholder so appointed, neglecting or refusing to serve, shall be in contempt of the Council, and subject to a fine of Twenty-five Dollars, collectable by summary attachment and sale of his property, or seizure and imprisonment of his person, or both in the discretion of the Council:
In case of unavoidable detention by death or otherwise, of any freeholder or freeholders so appointed, the said Council shall appoint, forthwith, other judicious and impartial freeholder or freeholders to fill the vacancy so occasioned:
The Council, before appointing the freeholders to view the lands as aforesaid, shall cause written notice, under the hand of the Mayor and the seal of the corporation, to be served personally upon the owner or owners of the lands effected by said proceedings, if they reside in said Town, or by leaving a copy thereof at his or their residence, in the presence of an adult person, at least fifteen days before appointing said freeholders, stating the day, hour and place when said petition will be heard and freeholders appointed:
If the owner or owners of said lands do not reside in said Town, the said notice shall be served on the tenant or occupier thereof, and mailed to the owner of said. lands to his last known address, and to make publication thereof in at least two issues of one or more newspapers published in Middletown, and such other advertisement as the Council may deem best under the circumstances.
Powers Of Council
Section 10.
The streets, sidewalks, lanes, alleys, pavements, curbs, gutters, light, power, and water, in the Town of Middletown shall be under the supervision, management and control of the Council.
Whenever Council shall deem it expedient and needful for the public good and convenience that any sidewalk or street or portion thereof within said Town should be paved or repaved or that any curbing should be laid or reset or repaired, the Council shall have the power to cause the sidewalk or street or portion thereof to be paved or repaved, repaired or relaid, and to cause the curbing or gutters to be laid, reset, or repaired with such material or materials and according to such specifications as it shall determine. Before the exercise of said power in any particular instance, the Council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named hour and place the Council will meet to consider the question of paving or repaving, curbing, recurbing, resetting or repairing with a specified material or materials the streets, or sidewalks or curbs or gutters on a named street in front of the property of named owners, and of assessing the cost thereof against the owners. The said ordinance or resolution shall be published in at least one issue of a newspaper of general circulation in the community at least one week prior to the meeting aforesaid. The Council shall hold a meeting in accordance with said ordinance or resolution and thereat shall hear the aforesaid owners of property and other residents of the Town appearing on the questions referred to in the said ordinance or resolution.
After such hearing, the Council either at said meeting or at a subsequent meeting shall decide whether or not to proceed with the improvements or repairs referred to in the said ordinance or resolution; provided that the Council shall not proceed with such improvements or repairs if at or prior to the hearing aforesaid, the Council shall be presented with a written objection thereto signed by a majority of the owners of real property in front of which such improvements or repairs were contemplated, but this proviso shall not apply to sidewalks. If the Council shall decide to proceed it shall determine whether the whole or some specified proportion of the cost of the improvements or repairs aforesaid in front of the real property of the owner named in the aforesaid ordinance or resolution shall be borne by said owners. If said determination shall be that the whole or a specified proportion of said cost shall be borne by said owners, then and in such case the said owners shall be compelled to pay the whole or the specified proportion of the cost aforesaid, as the case may be; the amount to be paid by the owner of each parcel of property affected shall be determined on the basis of the lineal frontage of the parcel on the street or sidewalk to be improved or repaired as set forth in said ordinance or resolution.
When said improvements or repairs have been done and the cost thereof ascertained, the Council shall ascertain the amount that the owner of each parcel of property aforesaid shall pay, as hereinbefore stated, and shall fix the time when such payment must be made, provided that the time of payment shall not be less than twelve months thereafter, except in the case of the paving or repaving of sidewalks or any portion thereof for which the time of payment shall not be less than ninety days thereafter; and shall give written notice thereof to such owner by leaving or posting the same on his aforesaid real property or by mailing the same to his last known address. If any such owner shall fail to pay the specified amount at or before the time or times specified in the notice, the amount specified in said notice may be collected by the sale of his aforesaid real property. Such sale shall be made by the City Manager who shall advertise the parcel of real property for sale in at least one issue of a newspaper of general circulation in the community at least two weeks prior to the day of sale. Such advertisement shall give such general description of the parcel to be sold as will identify it, and shall state the day, hour, and place at which the sale will be held.
Unless a sum of money for which the said parcel is to be sold, as aforesaid, together with the cost of advertisement of the sale, shall be paid prior to the day of sale, the said parcel of real property shall be sold by the City Manager at public sale on the day and at the hour and place named in the advertisement for the sale, to the highest and best bidder for the same.
Upon payment to the Town Treasurer of the price for which the property is sold at such sale, a deed of the property sold shall be executed in the name of The Town of Middletown by the Mayor and attested by the Clerk of Council and bearing an imprint of the corporate seal of the Town, and delivered to the purchaser. Such deed shall vest in the purchaser the same estate or interest in the property sold as the owner of the parcel at the time of the adoption of the ordinance or resolution first in this Section referred to, had therein, or thereto, subject to the same liens and encumbrances of record against said property at the date of the adoption of said ordinance or resolution. The purchaser or purchasers shall not be required to inquire into the regularity of the acts or proceedings of the Council in complying with the provisions of this section.
The Town Treasurer shall first deduct the costs of the sale which shall include the cost of the advertisement of the sale, the charges of an auctioneer, and all other expenses incident to the sale and also 10% of the amount that the owner of the property had failed to pay for the cost of the paving or repaving as aforesaid.
The Town Treasurer shall than deduct the amount that the owner of the property had failed to pay to the Town as aforesaid, together with the 10% aforesaid, and together with the costs, charges and other expenses of the sale aforesaid, and shall pay the sum so deducted into the Town treasury.
Any balance remaining shall be paid by the City Treasurer to the person or persons who were the owners of the property sold.
The term owner or owners as used in this section shall be deemed to mean the person or persons who owned the property in question at the time of the adoption or passage of the ordinance or resolution first in this section referred to, and any change of ownership thereafter shall not be deemed or held to affect any of the steps or proceeding mentioned in this section. Where owner or owners of property affected by the resolution or ordinance are not known to Council, the posting of notice on the property as required is deemed sufficient notice to enable the Council to proceed as though personal notice to owner or owners had been given. If there be more than one owner of any of the property affected by said ordinance or resolution, notice to one shall be deemed notice to all.
The aforesaid deed of the property sold shall recite briefly the amount that the owner had failed to pay to the Town, as aforesaid, the advertisement and notice of sale, the holding of the sale, the amount of the successful bid, and the costs of the sale, including the items hereinbefore set forth.
Whenever Council shall deem it expedient and needful for the public health and welfare that any sewers, mains and pipes be laid or installed on any property or on any street or alley in said Town or any public road adjoining or extending to said Town, the said Council shall have the power and it is hereby authorized to proceed with the laying and installing of said sewers, mains and pipes in the manner hereinbefore provided pertaining to the improvements and repairs to sidewalks, streets, curbs and gutters, and to cause same to be done and costs recovered as therein provided. In addition, whenever Council shall so determine, it may in like manner cause any property in the Town to be connected with the water and sewer mains and to recover the costs therefor after like notice and in like manner as hereinbefore provided for the improvements and repairs to streets, sidewalks, curbs and gutters. (50 Del. Laws, c. 493, 7/27/55)
Board Of Health
Section 11.
The Council shall appoint, at the annual meeting in March of each year, nine capable citizens of Middletown, with qualifications, and terms of service, as set by Town ordinance. The said Board of Health shall take cognizance of sanitation, contagious and infectious diseases, and the general interests of health among the people of said Town, and shall report to Council in writing whatever, in their judgment, may be inimical or deleterious to the sanitation and health of said Town, and they shall have, within the limits of said Town and one mile surrounding, all the powers now, or hereafter vested in the Delaware State Board of Health, and such other powers as Council may confer by ordinance. The said Board shall organize by the election of a President and Secretary within ten days after receiving notice of appointment, and shall keep a record of its proceedings, and shall deposit the same in the archives of said Town at the expiration of their term of office. (63 Del. Laws, c. 302, 6/29/82)
Manufacturing Plants
Section 12.
If any person or persons or corporation shall hereafter set up a plant for manufacturing purposes within the limits of said Town, the Council shall have power to remit the levying of taxes imposed thereon for Town purposes for a period not exceeding ten years; but such remission of taxes shall remain in the discretion of Council.
Exhibitions Within The City
Section 13.
No circus, menagerie, theatrical or minstrel company, or exhibition of any kind shall be exhibited, or bills posted, or street parade had therefor within the limits of said Town; nor shall any person or persons, or corporation, open or set up, or attempt to open or set up therein, any pool or billiard room, or any other room or device for amusement, for which a charge is made, direct or indirect; nor any temporary or transient place of business, for the purpose of selling or offering for sale, by auction or otherwise, goods, wares or merchandise; or peddle, take orders for the delivery of goods, wares and merchandise within the limits of said town, without first having obtained permission of Council, which shall have power to issue license therefor, the charge for which shall remain in its discretion.
Provided that the foregoing provision shall not apply to entertainments of any sort by the citizens of said Town, nor to any farmer, trucker or fisherman selling produce or sea food of his own growing or catch; nor to any salesman taking orders from, or selling to, any licensed merchant of said Town.
Any person or persons or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof before the Alderman or justice of the Peace of said Town, shall be fined in a sum not exceeding Twenty-five Dollars and costs for each and every offense; each days violation of the provisions of this Section shall constitute a separate offense.
Road Tax
Section 14.
No road tax shall be levied upon any of the property within the limits of said Town by any other taxing authority within the State of Delaware than the Council of said Town, which shall levy all taxes necessary for the maintenance of the streets, lanes and alleys of said Town.
Assessor
Section 15.
It shall be the duty of the Assessor of said Town, within two weeks from the day of his appointment, to make a true, just and impartial valuation and assessment of all the real and personal estate within said Town, and also an assessment of all citizens residing in said Town, above the age of twenty-one years, as well as those owning as those not owning real estate within its limits, and all the dogs, within the said Town: And the said Assessor shall forthwith, after making such assessment, deliver to the Council a duplicate, containing, alphabetically, the names of all the persons assessed, and the amount of their assessment, distinguishing the real and personal assessment of each. The Council shall assess the real and personal estate and person of the assessor. The Council shall, between the first and fifteenth days of April A. D. 1923, and annually thereafter, cause a full and complete transcript or duplicate of said assessment to be hung up at the Town office, and such other public place in Middletown as they may designate, there to remain for the space of twenty days thereafter for public inspection and information. And the said Council shall, on the Monday next after the expiration of the said twenty days, hold a Court of Appeal, which shall continue open from nine o'clock A. M. until twelve o'clock P. M., and from two o'clock P. M. until five o'clock P. M. of the said day, when they shall hear and determine appeals from said assessment, make corrections and add omissions. In all cases where the Council in its discretion, shall raise an assessment made by the Assessor, or shall add an assessment omitted by him, the taxable so affected, shall have written notice by mail or otherwise, to appear before the Council, on a day and hour therein named, and show cause why such change or supply should not remain stable. Notice of the hanging up of the duplicate of assessment, and also at the same time, notice of the time and place of hearing appeals, shall be given by notices posted in at least six public places in Middletown. The decision of the Council upon any appeal, or upon any change or addition to the assessment, made as aforesaid, shall be final and conclusive. No Councilman shall sit upon his own appeal, but the same shall be heard and determined by the others.
The assessor, immediately after his appointment, and before entering upon the duties of his office, shall be sworn or affirmed, and give bond as hereinbefore prescribed, and a certificate thereof shall be made by the official administering the oath or affirmation, and entered in the record book of the Councilmen containing the minute of his appointment.
Budget
Section 16.
The Council which shall be elected on the first Monday in March A. D. 1923, and annually thereafter, shall, on or before the first Monday in April, meet and ascertain, as near as may be, the amount necessary to cover the expense of the government of said Town for the current fiscal year, including maintenance of streets, police, assessment, collection of taxes and cost of light; and shall make up a budget containing the items and estimated amounts necessary to cover each and every branch and item of said Town government. And immediately after the assessment and valuation shall have been finally settled and adjusted under the provisions of this Act, the said Council shall first fix a uniform poll tax, and proceed to levy a tax on the real and personal state, thus valued and assessed, in just and equal portions and rates, sufficient to cover the aggregate of said budget.
And on the first day of May they shall place in the hands of the Collector or Receiver of Taxes, a duplicate of said assessment with their warrant attached, signed by the Mayor or the acting chairman of said Council, and sealed with the corporate seal of said corporation. Before the said Collector shall receive said duplicate and warrant, he shall be sworn or affirmed, in the same manner as is provided for the assessor in Section 6 of this Act, and shall be required to give sufficient bond with, ample surety, for the true performance of his duty as Collector, and to pay into the Town Treasury, from time to time, all taxes collected or received by him. All taxes assessed on real estate shall be and remain a lien thereon for two years from the day the duplicate passes into the hands of the Collector, and the Collector shall have the same powers to enforce the payment of Town Taxes, both real and personal, by levy and sale, as are now conferred by law upon the Collectors of County Taxes.
Alderman
Section 17. Duties And Powers Of Alderman.
It shall be the duty of the Alderman to execute all laws and ordinances enacted for the government of The Town of Middletown and to carry into effect all proper orders and instructions of the Town Council made in pursuance of this Act or any law of the State of Delaware, or in pursuance of any ordinance that Council may legally make and establish. He shall have all powers and jurisdiction of a Justice of the Peace within the said Town and shall have jurisdiction and cognizance of all breaches of the peace or other offenses in said Town so far as to arrest and hold to bail or fine or imprison offenders, or both; also of all forfeitures and penalties which may be prescribed by any law of the State of Delaware or by any ordinance of Council duly passed and established for the government of said Town; and also of all neglect, omissions or defaults of any Town Constable, member of the Board of Assessment, Treasurer or any other officer or person whose duty it may be to collect, receive, pay over or account for any money belonging to said Town or to execute or obey any law or ordinance thereof. It shall be the duty of said Alderman upon complaint before him of any infraction or violation or any ordinance enacted by said Council to issue his warrant to any one or more of the police force in said Town or the County Police or the County Constable residing therein commanding him to bring before the Alderman for trial the person or persons so accused, and if found guilty to impose such fines and penalties as shall be fixed by Council by ordinance. The fees of the Alderman for any service under this Section shall be the same as those established by law for a Justice of the Peace for the like service and for any service or duty for which no fee may be provided by the laws of Delaware, the fee may be established by ordinance or resolution of the Town Council. If the Alderman shall resign, remove from the said Town or be disqualified as herein otherwise provided or shall not be re-elected to office, he shall deliver to his successor in office, within two days after the appointment or election of such successor, all books, papers and other records belonging to his office and shall pay over to the Treasurer of the Town all moneys in his hands belonging to the Town within five days after his resignation, or removal from the Town, disqualification or end of his term, as the case may be. Upon his neglect or failure to deliver said books and records as aforesaid, or to pay over to the Treasurer of the Town all moneys belonging to the Town as aforesaid, or both, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred Dollars ($200.00), nor more than Two Thousand Dollars ($2,000.00).
The Alderman shall, at the first regular meeting of Council in each month, report to Council all fines imposed by him during the preceding month and on the same day pay to the Treasurer of The Town of Middletown all such fines, penalties and all money in his hands belonging to said Town, and received by him during said time, and upon default in making such report, or paying over such fines and penalties, for a period of twenty days after such report is to be made as aforesaid or such fines and penalties and other moneys belonging to said Town are to be paid as aforesaid, he shall be deemed guilty of a misdemeanor and, upon conviction thereof by indictment, shall be fined not less than Two Hundred Dollars ($200.00) nor more than Two Thousand Dollars ($2,000.00). (51 Del. Laws, c. 308, 1/27/58)
Collector Of Taxes
Section 18.
The Collector or Receiver of Taxes shall be appointed by Council, who, in their discretion, may designate the Treasurer, in connection with his other duties, to perform that work.
The Collector or Receiver of Taxes, shall, upon the delivery to him of the duplicate and warrant, become responsible for the whole amount of the taxes therein levied, subject only to allowances which may be made by Council for errors, delinquents, and commissions. His death shall not effect* the liability of his estate for, the amount of the duplicate, and his powers shall devolve upon his executor or administrator.
When any taxable whose real estate is under the lien of taxes duly assessed and levied, shall neglect or refuse to pay the same, the Collector or Receiver of Taxes is empowered to seize the said real estate, and sell the same at public auction, to the highest bidder, first giving notice by making publication in at least two issues of one or more newspapers published in New Castle County, giving the place, day and hour of sale, and like notice by bills posted in at least five public places in said Town, at least twelve days next before the day of sale; one of which said bills shall, at the time of posting as aforesaid, be given to the owner of the property to be sold, or left at his residence, if residing in the town; or if residing out of the town, to be mailed to his last known address, and a copy left with the tenant or occupant of the said property; or, if there be no tenant or occupant, then to be posted on the said premises.
The said Collector or Receiver of Taxes shall make a return of his proceedings to the next regular meeting of the Council after such sale, who shall order him to make a deed to the purchaser for the property.
The deed shall vest in the purchaser, subject to the right of redemption hereinafter provided, all the estate, right, title and interest which the owner thereof had at the time the said tax became a lien thereon, free from all encumbrances.
The proceeds of said sale, after paying all the costs attendant thereon, shall be applied to the payment of Town, County and school taxes, according to the priority of their liens, and the residue, if any, paid to the owner or owners of the lands, or to whom it may belong.
The person, as whose property the said lands were sold may redeem the same at any time within two years from day of the sale, upon paying to the purchaser the amount paid therefor, with twenty-five per cent added thereto, or within six months after final judgment has been rendered in any suit in which the validity of the sale was in question.
The said Collector or Receiver of taxes shall have the power to seize and levy upon the personal property of all delinquent taxables, and sell the same at public auction, first giving like notice as hereinabove provided, in case of the seizure of real estate, and to apply the proceeds thence arising, first to the costs of said sale, and then to all tax and other liens thereon, according to priorities, and the residue, if any, to the owner of the property sold, or to whom it may belong. If no owner or person entitled to receive the same can be found, he shall pay the same into the treasury, there to remain subject to the call of the owner thereof.
If any taxable removes his effects from said Town into any other part of the State before paying the taxes levied thereon, the said Collector or Receiver of Taxes may follow and seize the same wherever he may find it within said State, and carry it back to said Town and sell the same with like proceedings as though it had not been removed.
Any sale of real or personal property for the recovery of taxes may be adjourned from time to time.
The Collector or Receiver of taxes may recover any tax duly assessed and levied, in an action of debt, in any Court of competent jurisdiction in New Castle County.
If judgment be rendered in favor of the Collector or Receiver of taxes, he shall have a reasonable allowance for his trouble in attending the suit, including counsel fees, to be taxed by the Court in the costs, and execution may issue against the real or personal estate of the Defendant; provided that no execution shall issue against the real estate except out of the Superior Court., Where such judgment is recovered before a Justice of the Peace, or in the Court of Common Pleas, and it is desired to proceed against the real estate of the Defendant, the said Collector or Receiver of Taxes shall take a certified transcript thereof and enter the same on the Judgment Dockets of the Superior Court, and when so entered the subsequent proceedings shall be the same as upon judgments of general lien. The lien of the judgment for the recovery of taxes assessed upon real estate shall relate back to the day on which the tax duplicate came into the hands of he Collector or Receiver of taxes, provided that the judgment be entered within two years next thereafter.
The Collector or Receiver of taxes shall have the same power to command the assistance of any person or persons, in the performance of his duties, which a Sheriff now has by law.
The Collector, or Receiver of taxes may at any time attach the wages or salary of any taxable, to recover a tax duty assessed and levied against him, by laying in the hands of his employer a notice of the amount of the tax due and unpaid. Such notice shall bind the wages or salary of such employee in the hands of his employer, together with the cost of the attachment, and a receipt therefor from the Collector or Receiver shall, to the extent of the tax and costs, stand as an offset against such wages or salary, and the employer shall be personally liable therefor to the said Collector or Receiver, and if he neglects or refuses, to pay over to the Collector or Receiver the tax thus attached, he may recover the same in an action of debt against such employer.
If said employer be a corporation, the attachment may be laid in the hands of the Treasurer or local agent of the corporation who has the direct oversight of such employee, whose duty it shall be to notify the Treasurer.
In seizing and levying upon lands for the recovery of taxes, no entry upon the land or premises is necessary.
The Collector or Receiver of taxes shall, immediately upon receipt of his duplicate proceed to collect all taxes due thereon, and shall make monthly settlements with the Council, and shall on the third Monday in February settle his duplicate in full with "The Mayor and Council of Middletown."
Power To Borrow Money
Section 19.
The Mayor and Council of Middletown may borrow upon the full faith and credit of said Town, a sum or sums not to exceed Four Million Dollars ($4,000,000.00) in principal amount outstanding at any one time, for general municipal purposes, pursuant to a resolution, passed by a majority of all council, and give its obligation therefore, subject to the fifteen percent (15%) borrowing limitation set forth in Section 20. All obligations or bonds authorized by this Act shall be signed by the Mayor and countersigned by Treasurer, and sealed with the corporate seal. The form of the bonds or certificates of indebtedness authorized under this section, if any, the time or times of payment, the interest rate, the classes, the series, the maturity, the registration, any callable or redeemable feature, the denomination, the name thereof and any other relative or appurtenant matter pertaining thereto shall all be determined by the Mayor and Council of Middletown. Any such bonds may be sold at a public or private sale as determined by the Mayor and Council of Middletown. All bonds or other kinds or forms of certificates of indebtedness issued by the Mayor and Council of Middletown pursuant to the provisions of this Section, and the interest thereon, shall be exempt from taxation from the State of Delaware or any political subdivision thereof. (75 Del. Laws, c. 10, 2/14/05)
Credit
Section 20.
(a) The Mayor and Council of Middletown may borrow money for municipal purposes of any character whatsoever, upon the full faith and credit of said Town, and issue bonds including the payment of the same; but in no case shall the total indebtedness of every kind, including amounts borrowed pursuant to Section 19, exceed fifteen percent (15%) of the then last assessed value of all real estate in said Town. Before borrowing any sums (other than sums borrowed pursuant to Section 19 or Section 20 (b) hereof, the Mayor and Council of Middletown shall submit to the qualified voters of said Town the question of borrowing such sum or sums of money, and the same shall be approved by a majority of the votes cast at a special election to be held for that purpose. Notice of such special election stating the amount proposed to be borrowed (which may be stated as a not to exceed amount), and, when borrowed, what the aggregate of all the municipal indebtedness will be, and the purpose to which the loan will be applied, shall be posted in five of the most public places in said Town, and published in one local newspaper of general circulation, at least every twenty (20) days next before the day of said special election.
(b) At such special election, any person who is entitled to vote in the annual Town election, if it were held on that day, shall be entitled to vote. (For purposes of this Section, 'entitled to vote' shall include 'registered to vote' if voter registration is required for the annual Town election). The said election shall be by ballot or voting machine, if required by State law, and under like provisions and by like officers as herein provided for holding general municipal elections. The ballots shall be printed "For Bond Issue Only' or 'Against the Bond issue' (or if for multiple projects, 'For' or 'Against' a Bond Issue in an aggregated stated principal amount for a stated project. If a majority of the votes cast be 'For the Bond Issue' (or if multiple projects, 'For' a bond issue in the aggregate principal amount for a listed project), then the Mayor and Council shall have the authority to borrow the sum or sums of money and issue the bonds therefore, pledging the full faith and credit of said Town. The Mayor and Council shall have the power to borrow money, without the approval of voters and without regard to other provisions of this Section (including, without limitation, the 15% limitation set for the above) such sum or sums not exceeding in the aggregate one-third of the total amount of the Town's revenues for the immediately preceding fiscal year, from real property and utility fixture taxes, license fees, and fees for municipal services, for general purposes when, in the opinion of the majority of the Council elected, the needs of the town require it. Any borrowings under this paragraph shall, by their terms, be repayable in full within thirteen (13) months of the date of each such borrowing. Any sum or sums so borrowed shall be secured by a promissory note or notes or other evidence of indebtedness of the Town duly authorized by resolution of the Council and signed by the Mayor and attested by the Secretary of the Council with the Town seal affixed. Any sum(s) or money borrowed hereby shall be paid from the receipt of moneys deposited into the general fund or enterprise funds of the Town. The aggregate amount of outstanding principal from any such borrowing or borrowings under this subparagraph shall not exceed the maximum permitted under Federal tax law.
(c) Any bonds, notes or evidences of indebtedness issued pursuant to this Section and the interest thereon shall be exempt from all taxation by the State of Delaware, its agencies and political subdivisions. The form of the bonds or certificates of indebtedness authorized under this Section, if any, the time or times of payment, the interest rate, the classes, the series, the maturity, the registration, any callable or redeemable feature, the denomination, the name thereof, and any other relative or appurtenant matter pertaining thereto shall all be determined by the Mayor and Council of the Town of Middletown, by resolution. Any such bonds, notes or evidences of indebtedness may be sold in a public or private sale as determined by the Mayor and Council. (73 Del. Laws, c. 57, 6/18/01; 75 Del. Laws, c. 10, 2/14/05)
Power To Refund Indebtedness
Section 21.
If the Town shall irrevocably deposit in trust with a Delaware bank, amounts sufficient, together with investment proceeds thereof, to pay principal and interest on indebtedness of the Town when due and upon maturity or earlier redemption, such indebtedness shall not be deemed outstanding for purposes of the debt limitations contained herein. Any bonds that currently or advance refund existing indebtedness shall not require a special election, provided that the refunding results in debt service savings to the Town. (73 Del. Laws, c. 57, 6/18/01)
Sinking Fund
Section 22.
"The Mayor and Council of Middletown" shall have authority to provide for a sinking fund for the redemption of any and all bond issues now outstanding against said Town, or which may be hereafter issued by said corporation, at or before their maturity; provided the amount to be raised for the purpose of establishing such sinking fund, shall not exceed in any one year, the sum of five per cent of such issue.
Ordinances
Section 23.
All the ordinances enacted by "The Commissioners of the Town of Middletown," and now in force, shall so remain until repealed by "The Mayor and Council of Middletown."
General Powers Of Council
Section 24.
All the Acts and doings of "The Commissioners of the Town of Middletown," lawfully done or performed under the provisions of any law of this State, and any debt or debts thereunder assumed or incurred, whether by the issuance of bond or bonds or otherwise, are declared to be unaffected and unimpaired by this Act of reincorporation, and are hereby ratified and confirmed.
All taxes, debts, fines, penalties and forfeitures due to the said "The Commissioners of the Town of Middletown," shall continue in full force until the same shall be lawfully paid, and the official bond of the Collector of said taxes shall be likewise thereby unaffected and unimpaired, so that he and his sureties thereon shall continue liable for any breach or condition thereof, and all proceedings heretofore commenced for the recovery thereof shall not abate, but may be prosecuted till fully paid and discharged.
Construction Of Provisions Of Charter
Section 25.
In construing this Act, every word importing the masculine gender only may be extended to and include females as well as males.
The word "Council" shall be construed to mean the "Council" of Middletown.
The word "non compus" shall be construed to mean any insane person or lunatic.
The words land or lands or real estate shall be construed to include lands, tenements and hereditaments.
Public Act
Section 26.
This Act shall be deemed and taken to be a public Act.
Prison Or Jail
Section 27.
The Town Council of said Town shall have full power and authority to build, acquire, improve and maintain in said Town a suitable place as a prison or jail and any justice of the peace or the Alderman of the said Town acting under the provisions of this act or carrying into execution any judgment or sentence pronounced under its authority or the authority of any ordinance or resolution adopted by virtue of the powers herein conferred may commit to said prison or jail, and for want of said suitable prison or jail or in the event it is deemed best for any reason in the discretion of the Alderman or justice of the peace, to the New Castle County Correctional Institution and Council shall have power to pay and shall pay to such person or body as is or may be hereafter named by law to receive the same such sums of money as is proper and lawful for the keeping of such Town of Middletown prisoners in said New Castle County Correctional Institution. (51 Del. Laws, c. 308, 1/27/58)
Approved February 17, A. D. 1923.
56 Del. Laws, c. 249 was enacted by the General Assembly contingent upon voter approval which was not obtained.
59 Del. Laws, c. 251 was enacted by the General Assembly contingent upon voter approval which was not obtained.
(33 Del. Laws, c. 128, 2/17/23, as amended by 49 Del. Laws, c. 257, 50 Del. Laws, c. 493, 51 Del. Laws, c. 308, 63 Del. Laws, c. 302, 69 Del. Laws, c. 34, 70 Del. Laws, c. 10, 73 Del. Laws, c. 57; 75 Del. Laws, c. 10)
