South Bethany
1. Incorporation.
The inhabitants and property owners of the Town of South Bethany, within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided, are hereby constituted and declared to be a body politic incorporated in law and equity as a single family, detached home community, by the corporate name of the "Town of South Bethany, (hereinafter "Town") with power to govern themselves by such ordinances, regulations, resolutions, and rules for municipal purposes as they, through their duly elected officers and agents may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, nor of the United States; and as such shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts.
The Town shall have perpetual succession and shall succeed to own or possess all property, whether real, personal, or mixed, tangible or intangible, of whatever kind and nature, and all the powers, rights, privileges or immunities now or heretofore belonging to, possessed or enjoyed by the Town of South Bethany previously incorporated at Chapter 78, Volume 67, Laws of Delaware, as amended.
2. Territorial Limits.
The present territorial limits of the Town are hereby established and declared to be as follows:
BEGINNING at a point at the mean low water line of the Atlantic Ocean, at a corner of State lands; thence with the mean low water line of the Atlantic Ocean in a northerly direction, a distance of approximately 4,100 feet to the line of the Middlesex Development;
thence, in a west northwest direction with the line of the Middlesex Development to a common corner for Middlesex and South Bethany, and a point on the westerly side of Pine Road;
thence, by and with the westerly side of Pine Road North 08 degrees 23 minutes 19 seconds East, 271.93 feet to a point, said point being a corner of these lands and lands of South Bethany Recreational Association, Inc.
thence, leaving the westerly side of Pine Road, and by and with lands of South Bethany Recreational Association, Inc., the following two (2) courses and distances, North 81 degrees 37 minutes, 31 seconds West, 237.39 feet to a point;
thence, North 08 degrees 20 minutes 11 seconds East, 292.10 feet to a point, said point being a corner of these lands and lands of South Bethany Recreational Association, Inc. and being situate on the south side of Route #361;
thence, by and with Route #361 South 79 degrees 19 minutes 04 seconds West. 126.53 feet to a point; thence, South 84 degrees 14 minutes 46 seconds West, 287.50 feet to a point, said point being a corner of these lands and lands of Sea Colony, Inc.,
thence, leaving said Route #361, and by and with lands of Sea Colony Inc; South 11 degrees 05 minutes 02 seconds West, 526.15 feet to a point, said point being a corner of these lands and lands of Sea Colony, Inc.;
thence, continuing with lands of Sea Colony, Inc., North 69 degrees 33 minutes 48 seconds West, 642.01 feet to a point, said point being situate on the easterly right-of-way of the Assawoman Canal;
thence, continuing with the same bearing the distance necessary to extend the line to the centerline of the Assawoman Canal;
thence, southeasterly along the center of the Assawoman Canal to the Jefferson Creek Canal to a point where said low water line intersects the State lands;
thence, by and with the State lands, South 60 degrees 45 minutes 00 seconds East, to the point of beginning.
The above boundaries having most recently been established by an Act to ReIncorporate the Town of South Bethany, Chapter 78, Volume 67, Laws of Delaware, dated July 7, 1989.
The Town Council may, at any time hereafter, cause a survey and plot to be made of said Town, and the said plot or any supplement thereto, when made and approved by said Town Council, signed by the Mayor, and attested to by the Secretary, with the Town Seal affixed, upon being recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.
3. Annexation of Territory.
The Town shall have power to annex any additional contiguous territory adjoining the corporate limits of the Town as hereinbefore set forth or as hereafter extended pursuant to the procedure set forth in this Section, and to apply to all such additional territory all laws, ordinances, resolutions, and policies in force in the Town so far as they may be locally applicable.
3.1 Initiation of Annexation Proceedings.
3.1.1 By Petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous (subject to Sec. 3.2.11) to the then existing corporate limits of the Town may petition the Town Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe with reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein and state the reasons for the requested annexation. The Town Council may, within ninety (90) days following the filing of such petition in the Town Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. A petition not so accepted within said ninety (90) days shall be null and void. For purposes of this Sec. 3.1.1 and Sec. 3.1.2, "territory contiguous to the then existing corporate limits of the Town" shall include both real property which is proposed to be included in the annexation and real property which would be contiguous under Sec. 3.2.11.
3.1.2 By Resolution of the Town Council. The Town Council may, at any time, adopt a resolution proposing the annexation of any territory contiguous to the Town. Such resolution shall describe, with reasonable certainty, the territory proposed to be annexed and state the reasons for the proposed annexation. Upon adoption of such resolution, the Town Council shall proceed as hereinafter provided.
3.2 Annexation Procedure. Whether annexation is proposed by petition of the property owners or by resolution of the Town Council, the following procedure shall be complied with:
3.2.1 Resolution and Notice. The Town Council shall adopt a resolution notifying the property owners and the residents of both the Town and the territory proposed to be annexed, that the Town proposes to annex certain territory which adjoins its then corporate limits. The resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution setting forth the information shall be published at least once in at least two (2) newspapers which shall be of general circulation in the Town and in the territory proposed to be annexed. Such publication shall appear not less than thirty (30) days nor more than sixty (60) days before the date set for the hearing. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.
In addition to publication as herein provided, the Town Council shall, not less than thirty (30) days nor more than sixty (60) days before the date of such hearing: (1) cause a public notice, containing the full text of the resolution to be posted in at least five (5) public places in the Town and in at least one (1) place, viewable to the public, in the territory proposed to be annexed; and (2) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their addresses as shown on the public tax records. Written notice to one co-owner shall be notice to all.
3.2.2 Public Hearing. At the time, date, and place specified in the resolution proposing annexation (or at any revised date, time, or place if duly noticed as provided in Sec. 3.2.1) the Town Council shall sit to hear comments and opinion from any concerned party regarding the proposed annexation. Such public hearing shall be for the purpose of obtaining public opinion and legislative fact finding.
3.2.3 Resolution Ordering Special Election. Following the public hearing, but in no event later than sixty (60) days thereafter, the Town Council may pass a resolution ordering a special election to be held not less than (30) days, nor more than sixty (60) days after the date of such resolution proposing the special election. The passage of this resolution shall be considered the determination of the Town Council to proceed with the matter of the proposed annexation, provided, however, that if the annual municipal election is to be held within one hundred twenty (120) days of the date of the resolution adopted by the Town Council pursuant to this Section, the election on the proposed annexation may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly.
3.2.4 Notice of Special Election. Notice of the time and place of said special election shall be published not less than thirty (30) days nor more than sixty (60) days before the date set for said special election. Notice shall be published at least once in two (2) newspapers which shall be of general circulation in the Town and in the territory proposed to be annexed. In the event that such publications do not appear on the same date, the date of the last publication shall control. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. In addition to such publication as herein provided, the Town Council shall, not less than thirty (30) days nor more than sixty (60) days before the date of such special election, cause a public notice containing the full text of the resolution proposing such special election to be posted in at least five (5) public places in the Town and in at least one (1) place, viewable to the public, in the territory proposed to be annexed.
3.2.5 Those Entitled to Vote.
(a) At such special election, any person who is lawfully entitled to vote at the annual Municipal election, if it were being held on that day, and any natural person who would be so entitled if the area proposed to be annexed were already included in the Town, shall be entitled to one (1) vote. For purposes of this section, "lawfully entitled to vote" shall include "registered to vote" if registration is required; but all natural persons in the area to be annexed shall be deemed to be registered if they would otherwise be entitled to vote. In addition, each legal entity (other than a natural person) owning property in its own name in the territory proposed to be annexed shall be entitled to one (1) vote.
(b) These provisions shall be construed so as to permit "one person, one vote". Should a voter be entitled to vote by virtue of both residence and ownership of property, that voter shall be entitled to only one (1) vote. Should a voter be entitled to vote by ownership of two (2) or more properties, that voter shall be entitled to only one (1) vote.
(c) Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and acknowledged power of attorney. Such power of attorney shall be surrendered to the Board of Special Election which shall be filed with the Town Manager. Such power of attorney so filed shall constitute conclusive evidence of the right of said person to vote in the special election on behalf of the legal entity granting the power.
3.2.6 Conduct of the Special Election.
(a) The Town Council may cause voting machines, electronic voting systems, or paper ballots to be used in the special election, as required by law, the form of ballot to be printed as follows:
For the proposed annexation. _____
Against the proposed annexation. _____
The Mayor shall appoint three (3) natural persons to act as a Board of Special Election. One (1) of the said persons so appointed shall be designated the Presiding Officer. The Board of Special Election shall be the sole and final judge of the legality of the votes offered at such special election. It shall keep a true and accurate list of all natural persons and other legal entities voting. Voting shall be conducted in a public place as designated by the resolution calling the special election. The polling place shall be open for a minimum of six (6) consecutive hours as set by the Town Council, on the date set for the special election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls. All ballots cast by those persons or other legal entities authorized to vote in the territory proposed to be annexed shall be deposited in designated ballot box(es) or cast in designated voting machine(s), and all ballots cast by those persons or other legal entities who are authorized to vote in the Town shall be deposited in other designated ballot box(es) or cast in other designated voting machine(s).
(b) Any qualified voter may vote by absentee ballots pursuant to rules promulgated by the Town Council; and such rules shall be consistent with rules governing absentee voting for Town officials promulgated pursuant to Sec. 6.4 (f).
3.2.7 Results of Special Election.
(a) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town and from the territory proposed to be annexed must have been cast in favor of the proposed annexation.
(b) In the event that the special election results in an unfavorable vote for the annexation in either or both the Town and the territory proposed to be annexed, no part of the territory proposed to be annexed shall again be considered for annexation for a period of at least one (1) year from the date of the special election.
(c) If the vote in both the Town and in the territory proposed to be annexed is favorable to the proposed annexation, the Town Council shall at its first meeting following the special election adopt a resolution annexing the said territory and including it within the limits of the Town. Upon the adoption of the resolution of annexation, a copy thereof, signed by the Mayor and certified by the Secretary, with the Town Seal affixed, together with a plot of the area annexed, shall forthwith be filed for recording in the Office of the Recorder of Deeds in and for Sussex County, Delaware. The territory so annexed shall be considered to be a part of the Town from the moment the resolution of annexation is adopted by he Town Council. Failure to record the resolution, or the plot accompanying same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus or mandatory injunction.
3.2.8 Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to Sec. 3.1.1 of this Charter, annexation proceedings are initiated by a property owner(s) holding record title to real property in territory contiguous to the then existing corporate limits of the Town, such petition may be made contingent upon an annexation agreement with the Town which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the Town Council approves such an agreement and votes to accept a petition under Sec. 3.1.1 of this Charter, such annexation agreement shall be deemed a material part of the annexation and shall be included in all subsequent steps of the annexation procedure:
(1) the resolutions and notices adopted by the Town Council pursuant to Sec. 3.2.1, Sec. 3.2.3, Sec. 3.2.4 and Sec. 3.2.10 shall recite that the proposed annexation includes and is subject to an annexation agreement, shall briefly summarize its terms, and shall state that copies of the agreement are available upon request at the Town Office;
(2) if the results of the election are favorable to the proposed annexation as provided by Sec. 3.2.7(a) of this Charter, the resolution annexing the territory (as provided by Sec. 3.2.7(c)) shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and all affected parties shall be bound to honor the provision of such agreement. No agreement made at the time of annexation under this Sec. 3.2.8 shall extend beyond seven (7) years from the date the property is annexed into the Town; and such agreement shall be null, void, and unenforceable after the expiration of said seven (7) years.
An annexation agreement may be modified or amended by mutual agreement of the petitioner and the Town Council at any time prior to the resolution ordering the special election pursuant to Sec. 3.2.3 of this Charter, but any material modification or amendment shall be deemed to be: (1) the withdrawal of the original petition, and (2) the filing of a new petition under Sec. 3.1.1.
3.2.9 Property Owned by the State of Delaware:
Highways, Streets, Roads, Alleys and Waterways.
Real property owned by the State of Delaware may be annexed by the Town without the State casting a vote in the special election, provided the State agency having control and supervision thereof does not notify the Town, in writing, of its objection to such annexation within thirty (30) days after receiving written notice of the resolution proposing the annexation, as provided in Sec. 3.2.3.
3.2.10 Limitations. No action contesting the annexation of any territory under this Section shall be brought after the expiration of sixty (60) days from the publication of a notice in at least two (2) newspapers, both of general circulation in the Town and in the territory annexed, which notice shall contain the following information:
(a) notice that the Town has annexed such territory and a description thereof;
(b) notice that any person or other legal entity desiring to challenge such annexation must bring his/her/its action within sixty (60) days from the date of publication of such notice or forever be barred from doing so. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto. In addition to publication as herein provided, the Town Council shall cause a public notice, containing the information set out in subparagraph (a) and (b) above (using date of posting for date of "publication") to be posted in at least five (5) public places in the Town and in at least one (1) place, viewable to the public in the territory to be annexed. In the event the publication and/or the posting dates do not appear on the same date, the date of the last publication or posting shall control.
3.2.11 Contiguity.
(a) Contiguity with the Town's existing corporate limits, or with other territory which is itself contiguous with the Town's existing corporate limits, shall not be deemed interrupted by the existence of any highway, street, road, alley, or waterway (including but not limited to ponds, creeks, canals, lagoons, wetlands, and ditches) which passes through, or lies within, the territory to be annexed.
(b) Territory that is separated from the corporate limits of the Town by federal or state-owned roads, lands, or waterways shall, nevertheless, be considered contiguous territory for the purposes of this Sec.
4. Powers of the Town.
4.1 General. The Town shall have and enjoy all the powers possible for a municipal corporation to have under the Constitution and Laws of the United States and the State of Delaware, as fully and completely as though they were specifically enumerated in this Charter.
4.2 Enumeration of Powers. Not by way of limitation upon the scope of the powers vested in the Town Council to exercise all powers delegated by this Charter to the Town (except as may expressly appear herein to the contrary), but rather by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, that is to say, the Town Council:
4.2.1 may have and use a corporate seal which may be altered, changed, or renewed at any time.
4.2.2 may hold and acquire by gift, negotiation and purchase, devise, lease, or condemnation property both real (improved or unimproved) and personal, or mixed, within or without the boundaries of the Town, in fee simple or lesser estate or interest, necessary or desirable for any municipal or public purpose, including but not limited to providing sites for constructing, improving, extending, altering or demolishing:
(a) public buildings;
(b) parks;
(c) streets, squares, lanes, alleys, and
(d) sewer systems, including but not limited to sewage lines, conduits, sewage disposal or treatment plants, and all appurtenances thereto;
(e) water systems, including but not limited to, water plants, wells, lines, conduits and all appurtenances thereto;
(f) recreational facilities, including but not limited to public bathing beaches, gymnasiums, athletic fields, bicycle paths, tennis, basketball, or paddle ball courts and all appurtenances thereto;
(g) adequate municipal services for persons and other legal entities residing either within or beyond the corporate limits of the Town, to their mutual benefit and advantage, upon such terms, charges, and conditions as the Town Council may determine and approve;
(h) slum clearance and redevelopment, urban renewal, revitalization or rehabilitation of blighted areas or removal of dangerous buildings;
(i) protection services for the citizens of the Town to include, but not limited to, police, fire, rescue and paramedic support.
4.2.3 may sell, grant, alienate, lease, mortgage, manage, hold and control such property as the interests of the Town may require except as prohibited by the Constitution and Laws of the United States and the State of Delaware or as restricted by this Charter;
4.2.4 may pay for the acquisition, construction, improvement, repair, extension, alteration or demolition of any Town property (real, personal or mixed) from the general fund of the Town, from the proceeds of any bond issue which may be authorized and sold for any of the purposes for which lands and premises are authorized by this Charter to be acquired, and/or from the proceeds of any grant or loan made to the Town by any governmental entity of the United States or the State of Delaware where the proceeds of the grant or loan are for the purposes for which lands and premises are authorized by this Charter to be acquired;
4.2.5 may acquire, build, erect, and maintain buildings and facilities necessary or required for housing and equipping the offices of the Town;
4.2.6 may purchase, take and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances, or other charge due the Town and sell the same;
4.2.7 may:
(a) 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, improve, dredge, erect, remove, repair and replace any new or present street, highway, road, alley, waterway, park, crosswalk, wharf, dock, boat ramp, sewer, drain, gutter, aqueduct or pipeline or portion thereof, or any new or present curb, or gutter or portion thereof in the Town and the beach or strand in or contiguous to the Town;
(b) specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done;
(c) enter into contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, highway, road, alley, waterway, sidewalk or other public thoroughfare within the Town;
4.2.8 may provide, construct, extend, maintain, manage and control groins, bulkheads, embankments, rip rap, piers or fills for the preservation of any waterway, beach, strand or high land within the corporate limits of the Town and contiguous thereto to the end that the same may be preserved and properly protected that the general public might enjoy the use thereof;
4.2.9 may regulate and control the planting, growing, treatment and preserving of ornamental shade trees in the streets, avenues, highways, parks and lands of the Town and may authorize or prohibit the removal or destruction of said trees;
4.2.10 may fully control the drainage of all surface water within the Town, and to that end, may provide, construct, extend, maintain, manage and control a surface water drainage system for the health, sanitation, and convenience of the inhabitants of the Town;
4.2.11 may provide an adequate supply of potable water for the Town and its inhabitants and, to this end, may:
(a) acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, water treatment facilities, stations, tanks, standpipes, water mains, fire hydrants and all other equipment, property, or rights used in or about the collection, storage, purification, conveyance or distribution or sale of water;
(b) regulate and prescribe for what public or private purposes the water furnished by the Town 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 the equipment of the Town;
(c) furnish or refuse to furnish water from the Town system to places and properties outside the Town corporate limits; and
(d) contract for and purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the Town itself;
4.2.12 may:
(a) 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 Town:
(b) regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any willful or negligent injury or damage to, or interference with the said system, plant or facilities;
(c) furnish or refuse to furnish sewer disposal service from the Town system to places and properties outside the Town limits;
(d) compel any and all properties in the Town to be connected to the sewer system of the Town; and
(e) contract for and purchase sewer disposal service and resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefor of the Town itself;
4.2.13 may provide for and control the lighting of the streets, highways, roads, alleys, waterways, parks, strands, crosswalks, wharfs, docks, public buildings or other public places in the Town;
4.2.14 may regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin and all other combustible or dangerous materials and the use of candles, lamps and other lights in stores, shops, and other places; and may regulate, suppress, remove or secure any fireplace, stove chimney, oven broiler or other apparatus which may pose a danger of causing fires;
4.2.15 may:
(a) provide for the organization of a fire department and the control and government thereof;
(b) establish fire limits and do all things necessary for the prevention or extinguishment of fires; and
(c) contribute or donate funds to any volunteer fire company or companies incorporated under the Laws of the State of Delaware, or any volunteer fire association or associations maintaining and operating fire fighting equipment and service to the Town, provided that any such contribution or donation may be made subject to such conditions as to the use thereof as the Town Council may deem advisable;
4.2.16 may provide for the organization of ambulance, rescue or paramedic services and the control and government thereof, may establish territories within the Town for such services; and may, at the discretion of the Town Council, contribute or donate funds to any such service formed or incorporated under the Laws of the State of Delaware, or to any volunteer service maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the Town, provided that any such contribution or donation may be made subject to such conditions to the use thereof as the Town Council may deem advisable;
4.2.17 may prohibit drunkenness, use or distribution of any controlled substance, gaming and fraudulent devices and riots, disturbances and disorderly assemblies;
4.2.18 may adopt and enforce such ordinances regulating traffic on all streets, highways, roads, alleys and public ways within the Town as are consistent with the motor vehicle laws of the State of Delaware;
4.2.19 may adopt and enforce such ordinances regulating traffic on all waterways within the Town as are consistent with U. S. Coast Guard and Delaware Marine Police regulations;
4.2.20 may regulate or prohibit the use of streets, highways, roads, alleys, beaches, parks, rights-of-way, other public places and Town-owned lands for commercial use, or activities not otherwise protected from such regulation or prohibition by the Constitution and Laws of the United States and the State of Delaware;
4.2.21 may regulate or prohibit the use of guns, air guns, spring guns, pistols, sling shots, bean shooters, and any other device for discharging missiles which may cause bodily injury or injuries or harm to persons or property; and may regulate or prevent the use of bonfires, open fires, fireworks, bombs and detonating works of all kinds within the Town;
4.2.22 may provide for and preserve the health, peace, safety, cleanliness, beauty, good order and public welfare of the Town;
4.2.23 may prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games;
4.2.24 may direct the excavation, draining, filling, cleaning, curbing or fencing of privately owned lots, tracts, pieces or parcels of land in the Town which are deemed dangerous or unwholesome, or necessary to carry out any improvements authorized by this Charter and may assess the cost thereof against the owner thereof;
4.2.25 may define, prevent, abate or remove nuisances, obstructions or any other conditions detrimental to the public safety, health or welfare; and may cause the cost of such abatement or removal to be paid by the person or other legal entity causing or permitting same to exist;
4.2.26 may adopt ordinances providing for the condemnation of any building or structure in the Town which is determined, on the basis of standards set forth in such ordinances to be a fire hazard or otherwise unsafe, and may cause the same to be torn down or removed;
4.2.27 may adopt ordinances to establish and regulate animal pounds and restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large within the corporate limits of the Town; authorize the destruction of the same; and may regulate the keeping of pets within the Town, and provide for registration and fees thereof;
4.2.28 may provide either civil or criminal penalties for violations of any local town ordinance by appropriate fine, penalty, or forfeiture, together with the town’s costs of enforcement (including but not limited to court costs and reasonable attorney’s fees); and may, by ordinance, provide a voluntary assessment procedure under which any person cited for violation of a local town ordinance may admit guilt and pay the minimum fine or civil penalty provided for such violation at the Town Hall (either in person or by mail); provided that such ordinance shall require notice to the alleged violator of his/her right to a hearing before a court of competent jurisdiction, of the minimum and maximum penalties for such violation, and shall make adequate provisions to allow a person who has elected to utilize the voluntary assessment procedure the opportunity to revoke such election and proceed to a hearing if revocation of the election is made in a timely manner. (75 Del. Laws, c. 173, 7/12/05)
4.2.29 may regulate and control the construction, alteration, or removal of dwellings or other structures and provide for granting permits for same;
4.2.30 may regulate and control construction activities by private individuals or companies at such times and seasons of the year and at such hour of the day as the Town Council may determine necessary and appropriate for the public health, welfare and convenience.
4.2.31 may provide for and regulate the naming of the streets and waterways and the numbering of houses and commercial establishments within the Town corporate limits;
4.2.32 may:
(a) establish setback lines for buildings and other structures to be erected;
(b) zone or district the Town and establish standards for construction and building materials;
(c) prohibit any construction except that for which a building permit has been issued pursuant to ordinances as prescribed by the Town Council; and
(d) exercise all powers and authorities pursuant to 22 Del.C., Chapter 3, or any future corresponding provisions of law;
(e) establish a Planning Commission and to exercise all powers and authority delegated to the Town under 22 Del.C. Chapter 7, or any future corresponding provision of law. (75 Del. Laws, c. 173, 7/12/05)
4.2.33 may regulate the conduct of any business, profession or occupation within the corporate limits of the Town;
4.2.34 may license, tax, and collect fees annually for any and all municipal purposes of such various amounts as the Town Council, from time to time, shall fix from any individual, firm, association or corporation carrying on, or practicing any business, profession or occupation within the corporate limits of the Town;
4.2.35 may grant licenses, issue permits, and regulate any activity within the corporate limits of the Town; specifically including any beach property, whether previously dedicated to or owned by the State of Delaware;
4.2.36 may impose upon new development or construction or upon first-time occupancy of new construction such "impact fees" as are reasonably calculated to recover the cost of installing, enlarging, improving or expanding public or municipal improvements which have a rational relationship to such new construction;
4.2.37 may borrow and appropriate money to pay the debts and liabilities of the Town, or any portion thereof, from any funds available therefor; and may, in case of emergency, temporarily transfer money from one fiscal account to another fiscal account of the Town;
4.2.38 may raise revenue for the Town by the levying and collecting of taxes on real property, taxes on business activities, special assessments, licensing fees and other charges for services;
4.2.39 may investigate the conduct of any officer, employee or representative of the Town, in the conduct of his or her official duties, and for such purpose may compel the attendance of witnesses and the production of books, records, or other evidence by subpoena, and may administer oaths or affirmations;
4.2.40 may establish a pension plan or a health and welfare plan or both, for the employees of the Town under such terms and conditions as the Town Council may deem appropriate, with the funding accomplished through an insurance company licensed by and authorized to do business in the State of Delaware, approved by the Town Council;
4.2.41 may, by condemnation proceedings, take private property or the right to use private property within the corporate limits of the Town for any of the purposes specified in this Charter, such proceedings to be in conformity with 10 Del. C. Chapter 61, or any future corresponding provision of law;
4.2.42 may adopt, alter, and amend all such ordinances, regulations, resolutions, and rules not contrary to the Constitution and Laws of the United States and the State of Delaware as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any Federal or State law relating generally to municipal corporations or which may be deemed proper and necessary for the order, protection, and good government of the Town; the protection of persons and preservation of property; and the protection of the public health and welfare of the Town and its inhabitants. Any ordinance relating to the public health of the Town and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases or to prevent nuisances affecting the same, shall apply not only within the corporate limits of the Town but as well to all areas and persons outside the Town within one (1) mile from its corporate limits.
4.3 Liberal Construction; Manner of Exercise. The powers of the Town under this Charter shall be liberally construed in favor of the Town, and the enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein or implied hereby, appropriate to the exercise thereof, the Town shall have and may exercise any and all powers which, under the Constitution and Laws of the United States and the State of Delaware, it would be competent for this Charter to specifically enumerate.
All powers of the Town, whether express or implied, shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by ordinances, regulations, resolutions, and rules of the Town Council. The Council may, by ordinance or resolution, do such other act or thing incidental, necessary, or useful in connection with any of the matters duly authorized in this Charter.
4.4 Intergovernmental Cooperation. The Town may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise with any one (1) or more states or civil divisions or agencies thereof, or the United States or any agency thereof, except as prohibited or restricted by the Constitution and Laws of the United States and the State of Delaware or by this Charter.
5. Town Council.
5.1 Governing Body. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided therein, shall be vested in and exercised by a seven (7) member Town Council composed of a Mayor and six (6) other members, each of whom shall be elected by popular vote as hereinafter provided.
5.2 Qualifications.
5.2.1 General Qualifications. A candidate for the office of Town Councilmember or Mayor shall be a natural person at least twenty-one (21) years of age, a citizen of the United States, and otherwise qualified to vote at the annual municipal election as provided in 6.1. No candidate for the office of Town Councilmember or Mayor shall have been convicted of a felony or a crime of moral turpitude.
5.2.2 Resident and Non-resident Members. At least four of the seven members of the Town Council must be residents of the Town, but all may be residents of the Town.
a. Resident Members. Any person who, on the date of the filing of notice of intention to run (or on the date of his/her appointment to fill a vacancy) qualifies as a "resident" of the Town (as that term is defined in Section 6.1.d.(2)(b) hereof) and certifies his/her intention of remaining a "resident" of the Town, shall be deemed to be a "resident" Town Council member upon taking office, whether or not such person is also a "freeholder" in the Town (as that term is defined in Section 6.1.d.(2)(a) hereof); and if such person subsequently fails to maintain residency in the Town, but continues to be a "freeholder" in the Town during his/her term of office, that person shall continue to be deemed a "resident" member of the Town Council.
b. Non-resident Members. Any person who, on the date of filing of the notice of intention to run (or on the date of his/her appointment to office in the case of a vacancy) is not a "resident" of the Town but is a "freeholder" shall be deemed to be a "non-resident" member of the Town Council. If such "non-resident" member of the Town Council subsequently establishes residency in the Town during his/her term of office, that person shall continue to be deemed to be a "non-resident" member of the Town Council; provided however, that if any "non-resident" member shall, during his/her term of office, cease to be a "freeholder" in the Town, that person shall be deemed to have vacated his/her office by reason of that fact, regardless of whether or not that person has also become a "resident" of the Town.
Each Councilmember shall continue, throughout his/her term of office, to be either a resident or freeholder as described above.
5.2.3 Requirements for Mayoral Candidates. A candidate for the office of Mayor shall qualify as a "resident" of the Town as that term is defined 6.1(d) hereof, at the time of the election. The Mayor shall remain a resident of the Town throughout his/her term of office.
5.2.4 Term Limits. No person having served three (3) consecutive terms (or portions thereof) as Mayor shall serve as Mayor for the term immediately following his/her third consecutive term (or portion thereof).
5.2.5 Council to Act as Final Judge. The Town Council, by majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members and shall interpret and apply the standards set forth in this Charter.
5.3 Term of Office, Staggered Terms
5.3.1 Term of Office. The term of office for each member of the Town Council shall be two (2) years.
5.3.2 Staggered Terms. The present Mayor and Council members of the Town of South Bethany, and other officers appointed to serve in the office under Chapter 78, Volume 67, Laws of Delaware, as amended, shall continue to serve as Council members and Officers of the Town from and after the effective date of this Charter, until the successors are duly elected or appointed. At the annual Town election in 1995, three (3) Council members shall be elected to fill the vacancies created by the expiration of the terms of Office of the four (4) then-outgoing Council members. At the annual Town election in 1996, the Mayor and three (3) Council members shall be elected to fill the vacancies created by the expiration of the terms of office of the three (3) then-outgoing Council members. Thereafter, the Mayor and three (3) members of the Town Council shall be elected in even years and three (3) members shall be elected in odd years.
5.4 Prohibition of employment with Town. Neither the Mayor nor any member of the Town Council shall be employed by the Town in any capacity during their term of office.
6. Municipal Elections.
6.1 Voter qualifications. Any natural person shall be qualified to vote in any annual municipal election, special election or referendum who, on voting day shall:
(a) have attained eighteen (18) years of age;
(b) be a citizen of the United States;
(c) shall be registered under the Town's Voter Registration ordinance (if one be in effect); and
(d) Have been one of the following:
(1) A freeholder in the Town, as defined herein, for a period of ninety (90) consecutive days immediately preceding the date of the election. A "freeholder" shall be deemed to include any natural person who holds title of record either in his/her own name or as trustee to a fee simple estate or a life estate in and to real property located within the corporate limits of the Town.
(2) The spouse of a freeholder whether their name is on the deed or not.
(3) A resident of the Town. A "resident" shall mean any natural person who has been physically residing within the corporate limits of the Town for at least nine (9) months, consecutively or non-consecutively, of the twelve-month period immediately preceding the date of the election, and who is physically residing within the Town on the date of the election.
(4) Provided, however, anything herein to the contrary notwithstanding, not more than eight (8) persons per property shall be entitled to vote either as a "freeholder" or as the spouse of a "freeholder" under subparagraphs (1) and (2) immediately preceding.
6.1.1 Determination of Voter Eligibility. The Board of Elections is responsible to determine voter qualifications as prescribed in this Charter, as provided in Sec. 6.1.
6.2 Voter Registration. The Town Council may, by ordinance, provide for the registration of voters and may prescribe registration and voting places. Such ordinance shall not alter the qualifications of voters as defined in this Charter nor unduly impair the right to vote in any election.
6.3 Uncontested Election. Where there is only one (1) official candidate for any office on the day of the annual municipal election, the official candidate shall be deemed elected thereto without the holding of such an election.
6.4 Annual Municipal Election Procedures.
(a) Notice of Candidacy. In order to be listed on the ballot for election of Mayor and other Town Council Members, each candidate shall file a written notice of intention to seek such office with the Town Manager during normal business hours at least forty-five (45) days prior to the date set for the election. If the Election Board (Sec. 6.4.(g)) determines that any candidate may not meet the qualifications for office, it shall notify the Mayor who shall call a special meeting of the Town Council to be held not less than thirty (30) days prior to the date set for the election, at which the Town Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, by registered mail, of the date, time and place of the meeting, at which he or she may appear and testify. If the Town Council determines that the candidate does not meet the qualifications of office, it shall reject the notice of intention to seek office and his or her name shall not appear on the ballot. In making the determination, only those members of the Town Council who are not running for re-election shall be entitled to vote on the question.
(b) Date, Time, and Place. Annual municipal elections for the Town Council shall be held on the last Saturday before the last Monday in May at such time and place, within the Town, as shall be determined by the Town Council. The polls shall remain open for at least a six (6) hour period to be determined by the Town Council.
(c) Notice of Elections. Public notice of any election to elect members to the Town Council shall be given by posting notices thereof in at least five (5) public places in the Town not less than thirty (30) days before the date of such election and by publishing notices at least once in two (2) newspapers of general circulation in the Town at least thirty (30) days before the date of the election. Such notices shall state the date, time, and place of the election as well as a description of the offices to be filled. Such notices as shall be in bold print or bordered in black in such manner as to call attention thereto. In the event that the publications and/or posting do not appear on the same date, the date of the last publication or posting shall control.
(d) Voting Machines, Paper Ballots. Elections shall be by voting machine, electronic voting system, or by paper ballot as the Town Council shall determine; provided, however, that voting machines or electronic voting systems shall be used if required by State law.
(e) Absentee Voting. Any qualified voter may vote by absentee ballot at any election.
(f) Rules Governing Conduct of Elections. The Town Council shall adopt rules, consistent with the provisions of this Charter, and with applicable state or federal law governing the conduct of elections, including absentee voting.
(g) Election Board. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of three (3) Judges of Election. Such Judges shall be qualified voters of the Town and shall be appointed for that purpose by the Town Council at least ninety (90) days before such election. If, at the opening of the polls, there shall not be present any member of the Election Board, in such case, the ranking Town officer available at the opening of the polls shall appoint a qualified voter or voters to act as a member or members of the Election Board to fill vacancies caused by such absence. Members of the Election Board shall be the sole and final judges of the conduct of the election, the legality of the votes offered, and the election results. The Election Board shall have the power to subpoena persons and records relative to the determination of the qualifications of voters and the legality of any vote or votes offered.
(h) Election Results. Upon the close of such election, the votes shall be counted by the Election Board. The persons having the highest number of votes shall be declared by the Election Board to be duly elected to such vacant offices as then exist. Persons holding office shall continue in office until their successors are duly elected and installed.
(i) Tie Vote. In the event of a tie vote for any office, the election to such office shall be determined by a run-off election within thirty (30) days pursuant to the election procedures of this Sec.
(j) Preservation of Records and Ballots. The custody of election records and all ballots cast shall be maintained in the Town Office for a minimum period of six (6) months.
(k) Election Record Book. The Election Board shall enter in an Election Record Book the complete results of the election, to be subscribed by all Election Board Members. Such Book shall be preserved by the Town Council.
7. Organization of Town Council.
7.1 Organizational Meeting. An organizational meeting of the Town Council shall be held on the first Saturday following the date of the election. Such meeting shall be held at the usual place for holding regular Town Council meetings and shall be open to the public. The newly elected Mayor and other Town Council members shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity. Such oath or affirmation shall be taken before a Notary Public, a Justice of the Peace, the Town Alderman, or by one (1) of the holdover Town Council members. At the organizational meeting, the Mayor shall appoint a President Pro-tempore, a Council Secretary, and a Treasurer subject to ratification by majority vote of the Town Council. The Council Secretary and Treasurer need not be members of the Town Council. Each of these officers of the Town Council shall serve in that position for a term of one (1) year or until the organizational meeting after the next succeeding election.
7.2 Duties of Mayor. The Mayor shall preside at all meetings of the Town Council and shall have a vote on all pending issues. The Mayor shall execute, on behalf of the Town, when authorized by Town Council majority vote, all agreements, contracts, bonds, deeds, leases, and other legal documents. The Mayor shall appoint such standing and other committees as the Town Council shall require, provided that a member of the Town Council shall serve as Chairman of each standing committee. The Mayor shall be authorized to administer oaths and affirmations. The Mayor shall perform such additional duties as are specifically imposed upon that office by this Charter, and as are specifically delegated to the Mayor by majority vote of the Town Council.
7.2.1 Emergency Powers. The Mayor shall be empowered to act on behalf of the Town, without prior Town Council approval, in the event of a sudden emergency requiring prompt action, in order to protect the public health, safety, and welfare of the Town, its inhabitants and property owners. A "sudden emergency", for purposes of this Section shall include, by way of example and not in limitation, a major fire or conflagration, significant flooding, or serious storm threatening significant damage, a civic disturbance, or a toxic spill. A "sudden emergency" shall also include any emergency situation as declared by any county, state or federal agency having jurisdiction over the Town where the scope of the emergency so declared includes the Town and urgent, compelling circumstances prevent action being taken by the Town Council.
7.3 Duties of President Pro Tempore. The President Pro-tempore shall function as Mayor during the absence or disability of the Mayor.
7.4 Duties of Council Secretary. The Council Secretary shall be responsible for recording the proceedings of the Town Council and for maintaining safe custody of other Town records and shall perform such other duties as directed by ordinance or the Town Council.
7.5 Duties of Treasurer. It shall be the duty of the Treasurer or his/her designee to attend all Town Council meetings. It is the responsibility of the Mayor to name a designee to serve in the absence of the Treasurer. The Treasurer shall be responsible for maintaining custody of all Town funds in a financial institution selected by the Town Council; for deposit of all Town receipts and disbursement of Town funds in payment of bills presented for payment; for presenting an annual financial report to the Town Council at the end of the fiscal year; and for performing such other duties as directed by ordinance or the Town Council. The Treasurer, before assuming the duties of such office, shall be required to give bond with sufficient surety to the Town Council in an amount at least equal to the funds likely to be handled in the discharge of such duties. The Treasurer shall at the end of such term of office deliver to his/her successor in office all fiscal records relating to such office and all Town funds then held in the Treasurer's custody as part of the settlement of final account. The cost of said bond shall be paid out of Town funds. In case of resignation, incapacitation, or at the expiration of the term of office an audit shall be performed. (72 Del. Laws, c. 354, 6/28/00)
7.6 Filling Vacancies of Appointed Officers. If a vacancy shall occur in the office of any officer appointed pursuant to Sec. 7.1 of this Charter, the successor shall be selected for the unexpired term pursuant to the procedures of Sec. 7.1.
7.7 Code of Ethics; Contracts; Competitive Bidding.
7.7.1 Code of Ethics. The Town Council may, by ordinance, adopt a Code of Ethics to govern all members of the Town Council, officers, and employees of the Town.
7.7.2 Contracts; Competitive Bidding. The Town Council may, by ordinance, adopt standards and procedures to govern the Town's entering into contracts, purchasing, and competitive bidding.
7.8 Vacancies, Forfeiture of Office.
7.8.1 Vacancies. The office of a Town Council member shall become vacant upon death, incapacitation, resignation or forfeiture of such office.
7.8.2 Forfeiture Proceedings. A forfeiture of such office shall occur when any Town Council member:
(a) is no longer qualified as provided in §5.2 of this Charter to hold such office;
(b) willfully violates any provision of this Charter;
(c) is convicted of any felony or crime involving moral turpitude; or
(d) fails to attend three (3) consecutive regular Town Council meetings without being excused by Town Council vote.
(e) is physically, mentally, and/or emotionally incapable of performing his/her duties.
7.8.3 Determination Concerning Forfeiture. Where the conditions set forth in Sec. 7.8.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in §7.8.2 (a), (b), or (e) are alleged, a preliminary discussion concerning "probable cause" to believe a forfeiture may have occurred shall be had by the Town Council in Executive Session. If the Town Council, in open session following such Executive Session, by a majority vote of its disinterested members, concludes that probable cause exists that a forfeiture under §7.8.2 (a), (b), or (e) has occurred, it shall, within 48 hours thereafter, provide written notice thereof to the affected Town Councilmember by certified mail, return receipt requested, sufficiently posted. "Written notice" shall be deemed provided when deposited in first-class mail with sufficient postage. The affected member shall be entitled to a hearing and shall then have thirty (30) days in which to make a written request for a public hearing before the Town Council, to be held within forty-five (45) days of the written request, at which hearing such member may appear with the assistance of counsel and present evidence to the relevant issues. The Town Council shall also hear any other relevant evidence and vote again on the question of forfeiture. A determination of forfeiture shall be made only by unanimous vote of the Town Council members present and entitled to vote on the question.
7.8.4 Failure to Request Hearing as a Bar. Failure of the affected member to make written request for a public hearing as hereinabove stated shall be an absolute bar to his or her right to challenge the Town Council's decision. If a public hearing is held, the Town Council shall have authority to subpoena witnesses, administer oaths, take testimony, and require the production of documentary or physical evidence, all of which shall be done if requested in writing by the affected person.
7.9 Filling Vacancies. A vacancy in the office of the Mayor or of any other Town Council member shall be filled for the unexpired term by a person qualified to fill the position.
7.9.1 Procedure; Office of the Mayor. Upon the occurrence of a vacancy in the office of the Mayor, the President Pro-tempore shall assume the duties and responsibilities of Mayor until such time as a new Mayor is elected and installed in office. A vacancy in the office of Mayor shall be filled for the remainder of the unexpired term at the next annual municipal election. If the next annual municipal election is to occur more than 120 days from the occurrence of the vacancy, the Town Council shall, within 24 hours of notice of the vacancy, announce the existence of the vacancy and the date and time for a special election to be held for the remainder of the term of office. Said election shall be held within sixty (60) days of the announcement of said vacancy. Said special election shall be held pursuant to the provisions as provided in Sec. 6.4 of this Charter.
7.9.2 Other Council Members. A vacancy in the office of any Council member other than Mayor shall be filled for the remainder of the unexpired term at the next annual municipal election. If the next annual municipal election occurs more than sixty (60) days after the occurrence of the vacancy, the Town Council, by a majority vote of the remaining members in an open meeting, shall appoint a qualified person to fill such vacancy until the next annual municipal election. If the vacancy occurs within sixty (60) days of the expiration of term of office, such vacancy shall not be filled.
7.10 Meetings.
7.10.1 Regular Meetings. The Town Council shall hold at least eleven (11) regular meetings during the year. The time and place of each regular meeting shall be set by the Town Council each year at its organizational meeting, but such meetings may be rescheduled by the Mayor as need arises, subject to the requirement of adequate public notice. All such meetings shall be open to the public.
7.10.2 Special Meetings. Special meetings of the Town Council shall be called upon the written request of the Mayor or any four members of the Council stating the day, hour, and place of such meeting, and the subject or subjects to be considered thereat. Notice of such meeting (stating the date, hour, and place of such special meeting, and the subject or subjects to be considered thereat) shall be given to the Mayor and each member of the Council at least 48 hours prior to the time set for the meeting, by overnight delivery, telegraph, telefacsimile, or email. The Mayor or any member of the Council may waive the prior notice requirement at any time prior to, at, or following such special meeting in writing, by telegraph, telefacsimile, email, or recorded telephonic message, and the submission of any such waiver shall make valid the holding of the special meeting. The attendance of the Mayor or any member of the Council at such special meeting for any purpose other than to protest the lack of adequate notice shall also constitute a waiver of the prior notice requirement. Subject to the scope of the notice, the Town Council shall have the same power and authority to enact all ordinances, adopt all regulations, resolutions and rules, pass all motions, make all orders, and transact all business at any such special meeting called for as aforesaid as Council has at a regular meeting. Provided however, that the aforesaid procedure shall not apply to any emergency meeting which is necessary for the immediate preservation of the public peace, health, or safety.
7.10.3 Adjourned Meetings. The Town Council may adjourn its meetings from time to time, provided that adequate public notice shall be given of the date, place, and time for the resumption of such meetings.
7.10.4 Open Meetings. All meetings of all Town governmental bodies shall be in compliance with the Freedom of Information Act, (Title 29, Chapter 100, Delaware Code), or any future corresponding provision of law.
7.10.5 Place of Meetings. All regular, special, and adjourned meetings of the Town Council shall be held within the corporate limits of the Town, except that emergency meetings may be held elsewhere.
7.11 Town Council Actions.
7.11.1 Council Actions. No Town Council actions may be taken except at a duly convened meeting.
7.11.2 Rules of Procedure, Record of Proceedings. The Town Council shall determine its own rules of procedure and order of business. It shall keep a record of its proceedings which shall be open to public inspection.
7.11.3 Ordinances, Regulations, Resolutions, and Rules. The Town Council is hereby vested with the authority to adopt ordinances, regulations, resolutions, and rules relating to any subject within the powers and functions of the Town, or relating to the government of the Town, its peace and order, sanitation, beauty, health, safety, convenience and property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances, regulations, resolutions, and rules. No provision of this Charter on any particular subject shall be held to be restrictive of the power to enact ordinances, regulations, resolutions, and rules on any subject not specifically enumerated, provided they do not violate State or Federal law. In addition to other acts required by law or this Charter the Town Council may by ordinance:
(a) adopt or amend administrative rules, or establish or reorganize any Town department, office or agency;
(b) provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(c) grant, renew, extend, or terminate a franchise; and
(d) amend or repeal any ordinances previously adopted.
Every ordinance shall be introduced in writing. Voting on any ordinance shall be by roll call vote, and the vote of each Town Council member on any ordinance shall be entered on the record. No ordinance shall be adopted unless it shall have the affirmative vote of a majority of the entire Town Council.
The Town Council shall not have the power to exempt any individual from the application of any ordinance, regulation, resolution, or rule of the Town, except as set out in this Charter or as provided by the Constitution and Laws of the United States and the State of Delaware.
7.11.4 Emergency Ordinances. To meet an emergency affecting public health, safety, and welfare the Town Council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its service, or authorize the borrowing of money except as provided in Sec. 13 of this Charter. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it was introduced, but the majority vote of all Town Council members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the one hundred twentieth (120th) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Sub-section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for the adoption of emergency ordinances.
7.11.5 Quorum. Four (4) members of the Town Council shall be present in order to constitute a quorum to conduct business. Council decisions shall require voting approval of a majority of the entire Council.
7.11.6 Vote Necessary to Carry Action. All powers of the Town Council, whether expressed or implied, shall be exercised in the manner provided herein, or if not prescribed herein, then by ordinances, regulations, resolutions, and rules. In the general performance of their duties, the acts, doings and determinations of a majority of the entire Council shall be as valid as the acts, and determinations of all the members of the Council.
7.11.7 Participation and Voting by Remote Access. The Town Council is hereby authorized, by duly enacted ordinance, to provide that whenever unavoidable circumstances prevent the Mayor or any member of the Town Council from being physically present at any meeting of the Town Council at which a quorum is physically present, such person(s) may participate in the meeting, including the making or seconding of any motion and the casting of a vote on any motion, by remote electronic access (e.g. speaker telephone, videoconferencing equipment), provided that all persons present at the place of the meeting can hear and speak to the person(s) participating at the meeting; provided further, however, that the meeting shall not be presided over by any person not physically present at the meeting.
7.11.8 Compensation of Council Members. Each Town Council member may receive compensation for services to the Town as may be prescribed by ordinance.
7.12 Succession of Authority. In the event that the Mayor is absent or incapable of assuming responsibilities, such responsibility shall be carried out by the following Town officials in the following order: 1) President Pro-tempore, 2) each of the remaining Council members in order of seniority in years of Council service, 3) Council Secretary, and 4) Treasurer.
8. Appointed Officers.
8.1 Town Manager.
8.1.1 Appointment and Removal. Pursuant to ordinance the Town Council, by a majority vote of all members, may appoint a Town manager who shall be the chief managerial administrative officer of the Town. The terms and conditions of such employment shall be included in a written agreement between the Town Council and the Town Manager. The Town Manager shall be appointed solely on the basis of professional, executive, and administrative qualifications and experience. Such person shall reside no farther than thirty (30) miles from the Town. No member of the Town Council may serve as Town Manager unless he or she first resigns. Subject to any limitations set forth in the written agreement between the Town Manager and the Town Council, the Town Manager shall serve at the pleasure of the Town Council. In case of the temporary absence, disability, or other interruption of service of the Town Manager, the Town Council may designate some other competent person to perform the duties of the office during such period.
8.1.2 Functions and Duties of Town Manager.
The Town Manager shall be responsible for the administration of all governmental activities of the Town which are assigned by or under this Charter. The functions and duties of the Town Manager shall be set forth in an ordinance enacted by the Town Council.
8.2 Town Solicitor. The Town Council shall appoint a Town Solicitor who shall be removable at the pleasure of the Town Council. The Solicitor shall be a member in good standing of the Bar of the State of Delaware with law offices in Sussex County. It shall be the Solicitor's duty to give legal advice to the Town Council, the Town Manager, and other officers of the Town, and to perform such other legal services as may be required by the Town Council.
8.3 Other Officers and Employees.
8.3.1 Appointment and Employment. The Town Council may authorize the Town Manager to appoint or employ such other officers and employees deemed necessary for the proper management of the Town.
8.3.2 Termination of Appointment of Employment. The Town Manager may at any time terminate the service of any Town officer, after he or she has obtained approval from the Mayor and Town Council, or employee unless otherwise proscribed by the terms of a written contract, a written personnel policy, a written personnel or merit system, a written grievance or disciplinary procedure adopted by the Town Council. The Town Manager's decision shall be deemed to be upheld after a majority of the Town Council votes to approve the Town Manager's decision.
8.4 Compensation. The Town Council shall by ordinance or resolution fix the amount of any compensation of the officers, employees and representatives of the Town, as well as reimbursement for actual and necessary expenses incurred by them in the performance of their duties.
8.5 The Town shall maintain appropriate personnel records on all employees of the Town.
9. Assessment for Taxes.
9.1 Board of Assessment.
9.1.1 Appointment. The Mayor may, with the approval of the entire Town Council, appoint a Board of Assessment composed of three (3) members, each of whom shall be a property owner within the corporate limits of the Town, and who shall serve for a three (3) year term, established on a staggered basis, one (1) term expiring annually.
The Mayor may, with the approval of the entire Town Council, appoint a Board of Assessment Review, composed of three (3) members, none of whom shall be a property owner within the corporate limits of the Town, and who shall serve for a three (3) year term, established on a staggered basis, one (1) term expiring annually.
The Town Council may authorize the retention of professional services to assist the Board of Assessment and Board of Assessment Review. In all instances the Board of Assessment shall be responsible for making final assessment determinations, subject to assessment review.
9.1.2 Oaths, Duties, Compensation. The Members of the Board of Assessment shall be sworn or affirmed by the Mayor, a Justice of Peace, or Town Alderman, to perform their duties diligently, with fidelity and without favor to the best of their ability, knowledge and judgment. It shall be the duty of the Board of Assessment to make a fair and impartial assessment of property subject to taxation situate within the corporate limits of the Town and to perform such other duties with reference thereto as shall be prescribed from time to time by the Town Council. The compensation received by such members for the performance of their duties, and the hiring of employees or consultants to assist them in the performance of their duties, shall be approved by the Town Council.
9.1.3 Adoption of Sussex County Assessments. The Town Council may elect to use the assessment by the Sussex County Board of Assessment for all property located within the corporate limits of the Town in lieu of making its own independent valuation and assessment of such property. In such event, the assessed values established by Sussex County shall be conclusive for purposes of levying Town taxes, and the Town Council shall have no authority to hear appeals (under Sec. 9.3) regarding same. If the Town Council elects to adopt the Sussex County assessments, then Sections 9.1.1, 9.1.2, 9.2, and 9.3 shall not apply.
9.1.4 Addition to Tax Bills. Whether utilizing the Sussex County assessments or those prepared by the Town's own Board of Assessments, the Town Council shall annually, prior to the posting of the assessment list, by resolution, provide a list of any and all charges, costs or other assessments owed to the Town, which list of charges incurred shall include, but not be limited to, the following: Water assessments, weed and grass cutting bills, trash collection bills and past due water rents.
9.2. Assessment Procedure.
9.2.1 Making the Assessment. If appointed, the Board of Assessment shall, prior to the first day of April of each year, make a just, true and impartial annual valuation and assessment of all real estate located within the corporate limits of the Town, based on current fair market value. All real estate shall be described with sufficient particularity to be identified and shall be assessed to the owner or owners thereof. If such owner or owners of real estate cannot be found or ascertained, the property shall be assessed to "Owner Unknown". A mistake in the name of the owner or owners or a wrong name of an assessment to "Owner Unknown" shall not affect the validity of the assessment or the tax based thereon; provided, however, that the assessment shall specify the last record owner or owners of the property as the same shall appear in the records of the Office of the Recorder of Deeds, in and for Sussex County.
9.2.2 Assessment of Members of the Board of Assessment. The real property of the members of the Board of Assessment shall be valued by an ad hoc group of three (3) local real estate brokers selected by the Town Council.
9.2.3 Delivery of Assessment List. The Board of Assessment, after making such annual valuation and assessment, shall deliver to the Town Council a list containing the names of owners of all properties assessed and the amount of assessment against each.
9.3 Assessment Appeals.
9.3.1 Authorization of Appeal. Any aggrieved property owner may appeal (1) his property assessment and (2) additions to his tax bill pursuant to the provisions of this Section and procedures established by the Town Council.
9.3.2 Posting of Assessment List; Notice. Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council shall cause a full and complete copy of the same, containing the amount assessed to each property, to be made available for public inspection at the Town Office for a period of at least sixty (60) days. Appended thereto, and also in five (5) or more public places in the Town, shall be posted a notice of the date and place where the assessment list has been made available, stating that, a day shall be set (not earlier than sixty (60) days after the assessment list has been made available), for the Board of Assessment Review to hear assessment appeals and make such corrections and revisions deemed appropriate. Any aggrieved property owner may file an appeal within ninety (90) days after the first day of posting of the assessment list. Such notice shall also be published at least once in at least two (2) newspapers of general circulation in the Town not less than thirty (30) days prior to the date set for such appeals.
9.3.3 Appeals Day. On the day set for such appeals, the Board of Assessment Review will hear appeals from the said assessment and correct and revise the assessment as deemed appropriate. The Board of Assessment Review shall have full power and authority to alter, revise, increase, or reduce the said assessment. The decision of a majority of the Board of Assessment Review shall be final and conclusive, unless an appeal is taken to the Superior Court of the State of Delaware in and for Sussex County within thirty (30) days from the date of the Board's decision.
The Board of Assessment shall be present at all appeal hearings and shall furnish to the Board of Assessment Review such information as it may require in respect to any assessment for which an appeal has been taken.
10. Levy of Taxes, Fees, Special Assessments and Other Charges (hereinafter referred to as "taxes").
10.1 Establishment of Balanced Budget. After the valuation and assessment process has been completed, the Town Council shall adopt an annual balanced operating budget, and may adopt a capital budget for the ensuing fiscal year, including sufficient revenue to meet the fixed and anticipated expenses and obligations of the Town, reasonable and appropriate reserves and a reasonable amount to cover emergencies.
10.2 Determination of Revenue Sources. The Town Council shall determine the appropriate revenue sources within the limits prescribed by this Charter, with respect to the amount to be raised from each such source. It shall then determine, assess, fix and/or levy as follows:
10.2.1 Real Estate and Improvements. The rate of tax on real estate including improvements, shall be fixed per one hundred dollars ($100.00) of the assessed value. and/or
10.2.2 Real Estate Transfer Tax. Appropriate transfer taxes to be charged upon the transfer of real property, or any interest in real property, situate within the corporate limits of the Town, provided, however, that no tax levied under this Section shall exceed 1.5% of the sales price (including the value of any assumed mortgage or mortgages) or fair market value of the real property so transferred; and provided, further, that no tax shall be levied upon an organization exempted from ad valorem real estate taxes; and/or
10.2.3 License Fees. Appropriate license fees to be charged for carrying on or conducting of the several businesses, professions or occupations as authorized by Sec. 4.2.35 of this Charter; and/or
10.2.4 Municipal Services. Appropriate charges for furnishing water service, front footage assessment, trash collection, and other services authorized by the Town Council; and/or
10.2.5 Other Services. The fees or rates to be charged in respect to any other authorized source of revenue; and/or
10.2.6 Business Taxes. Appropriate taxes on the gross receipts of any business activity, as defined by the Town Council, conducted within the corporate limits of the Town.
10.3 Levy of Real Property Tax. The setting of the tax rate by Town Council resolution shall constitute the levy of such taxes in accordance with the assessment list (subject to any pending assessment appeals to the Superior Court).
10.4 Special Assessment. The Town Council is empowered to levy a special assessment against any or all real property situated within the corporate limits of the Town, when determined by the Council to provide a necessary public work, improvement, or municipal service. Such assessments shall be duly collected, the proceeds of which shall be applied for the payment of the cost of such work, improvement, or service, provided, however, that if such assessment shall apply to all properties within the Town, it shall first be approved by majority vote of the Town voters in a special election. In order to proceed under the powers granted in this Section, the Town Council shall authorize such special assessment in the following manner:
10.4.1 The Town Council, by resolution, shall give notice to the voters of the Town that the Town Council proposes to levy a special assessment against any or all real property situated within the corporate limits of the Town. The resolution shall state the amount of money desired, the purpose for which it is desired, and all other pertinent facts relating to the assessment which are deemed pertinent by the Council in its possession at the time of the passage of the resolution and shall fix a time and place for a public hearing on the said resolution.
10.4.2 Notice of the time and place of the public hearing on the resolution authorizing the special assessment shall be published at least once in at least two (2) newspapers having a general circulation in the Town not less than thirty (30) days nor more than forty-five (45) days prior to the public hearing. In addition to such publication, the Town Council shall cause notices to be posted in at least five (5) public places in the Town not less than thirty (30) days, and not more than forty-five (45) days prior to the day set for the public hearing. Notices concerning such public hearings shall be in bold print or bordered in black, in such manner as to call attention thereto;
10.4.3 If, following the public hearing, the Town Council determines to proceed with the proposed special assessment, it shall adopt a second resolution ordering a special election, to be held not less than thirty (30) days, nor more than sixty (60) days after the said public hearing relating to the special assessment. The adoption of the second resolution calling a special election shall be considered the determination of the Town Council to proceed with the matter in issue; provided, however, that if the annual municipal election is to be held within one hundred twenty (120) days of the date of the resolution adopted by the Town Council pursuant to this Section, the election on the proposed special assessment may be held in conjunction with the annual municipal election and all provisions hereof shall be construed and applied accordingly.
10.4.4 The notice of the time and place of holding such special election shall be printed in one (1) issue of two (2) newspapers having general circulation in the Town of South Bethany, not less than thirty (30) days, nor more than forty-five (45) days prior to the special election. In addition to such publication, the Town shall cause to be posted in at least five (5) public places in the Town, not less than thirty (30) days and not more than forty-five (45) days prior to the special election, public notices concerning the special election. In addition to the time and place of the special election, such notices shall contain the same information as required under Sec. 10.4.1, and shall be in bold print or bordered in black, in such manner as to call attention thereto.
10.4.5 At such special election, any person who is entitled to vote in the annual municipal election, if it were held on that day, shall be entitled to one (1) vote. For purposes of this Section, "entitled to vote" shall include "registered to vote" if voter registration is required for the annual election. Any special election held pursuant to the provisions of this Section shall be conducted by voting machines, electronic voting systems, or printed ballots as permitted by law which shall have the following designation:
( ) For the proposed Special Assessment
( ) Against the proposed Special Assessment
The Mayor, by and with the advice and consent of the majority of the Town Council, shall appoint three (3) persons to act as a Board of Special Election. The polling place shall be opened for a minimum of six (6) hours, as specified by resolutions of the Town Council. Persons in the polling place at the time scheduled for closing of the polls shall be entitled to vote;
10.4.6 The Board of Special Election shall be the sole and final judge of the legality of the votes offered at such special election. It shall keep a true and accurate list of all persons voting. It shall count the votes "for" and "against" the proposed special assessment and sh all announce the result thereof. The Board of Special Election shall execute a certificate of the number of votes cast "for" and "against" the proposed Special Assessment and the number of void votes, and shall deliver the same to the Town Office.
10.4.7 If a majority of the votes cast at such special election shall be in favor of such special assessment, the Town Council shall proceed with the special assessment.
10.5 Limitation on Taxes. The total amount of money to be raised by real property taxes and special taxes levied or imposed in connection with any municipal bond issued (Sec.13.2.7), shall in no year exceed two (2) percent of the total appraised valuation of all taxable real estate (and improvements thereon) in the Town.
10.6 Savings Clause. Nothing contained in this Charter shall be construed to affect or impair, in any way, the validity of any taxes lawfully levied, assessed or due the Town under existing laws in reference to said Town.
11. Collection of Taxes, Fees, Special Assessments and Other Charges (hereinafter referred to as taxes).
11.1 Collection by Town Manager or Tax Collector.
(a) After the Town Council shall have set the real estate tax rate pursuant to Sec. 10.2.1, the Town Manager or duly appointed Tax Collector, shall proceed to collect the taxes so levied.
(b) The Town Manager or duly appointed Tax Collector, shall collect the taxes fixed pursuant to Sec. 10.2.
(c) The Town Council shall obtain a bond for the Town Manager or duly appointed Tax Collector, in a form suitable to the Town Council with sufficient surety, in favor of the Town, in a sum to be determined by the Town Council for the collection of all such taxes and for the payment of them to the Town Treasurer.
11.2 Other amounts due the Town to be added to assessment list; Posting of Assessment List. Whether utilizing the Sussex County assessments or those prepared by the Town's own Board of Assessment, the Town Council shall annually, prior to posting the assessment list, review and approve a list prepared by the Town Manager, of any and all charges, costs, fees, fines, penalties, and/or assessments owed to the Town (including all interest and penalties thereon), which list shall include, but not be limited to: assessments for the installation of sanitary sewage collection facilities, water distribution facilities, drainage facilities, sidewalks and curbs, streets, beach replenishments; amounts owed for availability or use of sanitary sewer systems, water distribution systems, solid waste collection; costs of condemning, razing, or demolishing structures done through expenditures of public ( e.g. federal, state, county, or town) funds; costs of making duly authorized improvements to the exteriors of buildings or premises done through expenditures of public funds (e.g. federal, state, county, or town); costs incurred to correct and abate nuisances; weed and grass cutting charges; license or permit fees, and fines or penalties duly imposed for violations of any Town code or ordinance. Said amounts, as reviewed and approved by the Town Council, shall be shown on the assessment list posted pursuant to the provisions of §9.3.2 of this Charter and any and all such amounts (in addition to the real estate taxes) shall, for convenience, be hereinafter referred to in §11 and §12 as 'taxes'.
11.3 Lien. All taxes imposed by the Town shall be and constitute a lien for a period of ten (10) years from the date so levied, upon the real property against which such charges are imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any charges so levied. Such lien shall have preference and priority over all other prior liens on such real property, although such lien or liens be of a time and date prior to the time of attaching of such lien for taxes.
11.4 Due Date. All taxes and other charges, when and as collected by the Town Manager or duly appointed Tax Collector, shall be paid to or deposited to the credit of the Town in federally insured financial institutions, or the Delaware Local Government Investment Pool, and State of Delaware agencies approved by the Town Council. All taxes shall be due and payable at and from the time the tax rate is set pursuant to Sec. 10.2.1.
11.5 Place of Payment. All taxes shall be payable at the Town Office during the normal business hours of that office.
11.6 Penalty for Late Payment; Collection Fee. All taxes unpaid on such date as specified by ordinance, shall be considered delinquent. On such delinquencies, an appropriate penalty shall be imposed by the Town Council except that the Town Council may make just allowances. In any proceeding (including, but not limited to attachment, monition, tax sale, debt action, or sale of lands pursuant to procedures set out in this Charter) for the collection of taxes and/or charges owed to the Town which have been added to the assessment list pursuant to §11.2 above, and which thereby constitute a lien against said property under §11.3, the Town Manager shall be entitled to collect, in addition to the amounts due and the penalties and/or interest thereon, all documented court costs, attorneys fees, and other reasonable and necessary out-of-pocket expenses incurred by the Town in such collection proceedings.
11.7 Exemption from Taxation. The Council shall have the power by ordinance to allow credits to reduce the taxes otherwise imposed by this Section with respect to real property owned by taxpayers of low income who have an annual adjusted gross income not exceeding an amount as set by ordinance, excluding Social Security and/or Railroad Pension Fund, and who are over sixty-two (62) years of age.
12. Remedies, Powers and Methods for Collection of Taxes Fees, Special Assessments and Other Charges (hereinafter referred to as taxes).
12.1 Prior Notice. Before exercising any of the powers herein given for the collection of taxes written notice of the amount due shall be sent to the delinquent taxpayer at his/her last known address.
12.2 Debt Action. When any tax has become delinquent, the Town Manager may, in the name of the Town of South Bethany, institute suit before any court of competent jurisdiction for the recovery of the unpaid amount in an action of debt. Upon judgment obtained, the Town Manager may sue out writs of execution as in the case of other judgments recovered before any court of competent jurisdiction provided, however, that as to any personal property of the delinquent taxpayer located in Sussex County and levied upon by the Sheriff within sixty (60) days after the writ of execution was delivered into his or her hands, the lien of judgment shall have priority over all other prior liens against such personal property created or suffered by the delinquent taxpayer (excepting only the liens of the federal or state governments).
12.3 Sale of Lands. Should the Town Manager so elect, and without the necessity of employing any or all of the other remedies provided herein, the Town Manager is authorized and empowered to sell the lands and tenements of a delinquent taxpayer or the lands and tenements alienated by a delinquent taxpayer subsequent to the levy of the tax by the following procedure:
12.3.1 The Town Manager shall present, in the name of the Town of South Bethany, to the Superior Court of the State of Delaware, in and for Sussex County, a petition in which shall be stated:
(a) the name of the person owing payment;
(b) the year for which tax was levied, assessed or charged;
(c) the rate of tax;
(d) the total amount due; the date from which the penalty for nonpayment, if any, shall commence and the rate of such penalty and any collection charge permitted;
(f) a short description of the lands and tenements proposed to be sold, sufficient to reasonably identify same;
(g) a statement that the bill of said tax has been mailed to the delinquent taxpayer at his or her last known post office address with return receipt requested by certified mail and postage prepaid, together with a notice that the Town Manager will proceed to sell the lands and tenements of the delinquent taxpayer for payment of the tax due the Town; and the date of such mailing; and
(h) the petition shall be signed by the Town Manager and shall be verified before a Notary Public.
12.3.2 At least ten (10) days prior to the filing of any such petition as described herein, the Town Manager shall deposit in the mail in a sealed and stamped envelope and addressed to the delinquent taxpayer at his or her last known post office address requiring a return receipt, an itemized statement of the tax together with all penalties, collection charges, and costs then due thereon, together with a notice to the delinquent taxpayer that he/she shall proceed to sell the lands and tenements of such taxpayer for the payment of the tax. The Town Manager shall exhibit the return registry receipt to the Superior Court by filing the same with the petition; provided, however, that if the taxpayer cannot be found, or if delivery is refused, it shall be sufficient for the Town Manager to file with said petition evidence that such statement has been mailed in accordance with this subsection and has been returned.
12.3.3 Upon the filing of the petition, the prothonotary shall record the same in a properly indexed record of the Superior Court of the State of Delaware, in and for Sussex County, and shall endorse upon the said record of said petition the following:
This petition, filed the day of A.D. . (giving year and date) and the Town Manager is hereby authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the delinquent amount. This endorsement shall be signed by the prothonotary.
12.3.4 Any sale of lands and tenements of a delinquent taxpayer shall be advertised in five (5) public places in the Town, one (1) of which shall be on the premises to be sold and by printing the notice of said sale at least one (1) time in a newspaper of general circulation in the Town. Such public notice shall be in bold print or bordered in black, in such manner as to call attention thereto, and shall contain the day, hour, place of sale and a short description of the premises sufficient to identify the same. The handbills shall be posted at least fifteen (15) days before the day of the sale.
12.3.5 Each sale of lands and tenements shall be returned to the Superior Court of the State of Delaware, in and for Sussex County, at the next Motion Day thereof following the sale, and the Court shall inquire into the circumstances and either approve or set aside the sale. If the sale be set aside, the said Superior Court may order another sale until the tax be collected. No sale shall be approved by the Superior Court if the owner or his or her designee be ready at court to pay the taxes, penalty, collection fees, and costs. If the sale be approved, the Town Manager making the sale shall execute a deed to the purchaser which shall convey the right, title and interest of the delinquent taxpayer or his alienee; provided however, that no deed shall be delivered to the purchaser until the expiration of one (1) year from the date of the sale within which time the taxpayer or his alienee, heirs, executors, administrators or assigns, shall have the power to redeem the lands on payment to the purchaser, his personal representatives or assigns of the costs, the amount of the purchase price, plus twenty (20) percent, and the expense of having the deed prepared. All taxes assessed after the sale and before the delivery of the deed shall be paid by the purchaser at said sale who shall be reimbursed by the delinquent taxpayer in the event of redemption to which shall be added twenty (20) percent thereon.
In the event the purchaser refuses to accept the same, or in the event he or she, or his or her heirs or assigns, cannot be located within the State of Delaware, it shall be lawful for the owner, his or her heirs, executors, administrators, and assigns, to pay the redemption money to the Town Manager and upon obtaining from him or her a receipt therefor, such receipt shall be considered a valid and lawful exercise of the power to redeem the said lands.
In the event the lands have not been redeemed within the redemption year, the Town Manager shall deliver to the purchaser, his or her heirs, executors, administrators, or assigns, a deed which shall convey the title of the delinquent taxpayer(s).
The petition, return and deed shall be presumptive evidence of the regularity of the proceeding.
12.3.6 After satisfying the taxes or other charge due and the courts costs and expenses of sale from the proceeds of sale, the amount remaining shall be paid to the owner of the land. If he or she shall refuse to accept said remainder, or if the owner be unknown or cannot be found, the amount remaining shall be deposited in a bank either to the credit of the owner or in a manner in which the fund may be identified.
12.3.7 In the sale of the lands and tenements for the payment of delinquent taxes, the following costs shall be allowed to be deducted from the proceeds of the sale or chargeable against the owner, as the case may be, in the amount customarily charged:
(a) to the prothonotary for filing and recording the petition;
(b) to the Recorder of Deeds for filing and recording the return of sale; and
(c) to the Town Manager for: (1) preparing the certificate, (2) making the sale of lands and tenements, (3) preparing and filing a return, and (4) posting sale bills; and
(d) attorneys' fees.
In addition, the costs of printing handbills, the publication of the advertisement of sale in a newspaper, and the auctioneer's fee, if any, shall be chargeable as costs. The costs of the deed shall not be chargeable as costs, but shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware transfer tax shall be paid by the purchaser of said lands and tenements at the tax sale.
12.3.8 If the owner of any lands and tenements against which a tax or other charge shall be levied and assessed shall be unknown, this fact shall be stated in the advertisement of sale and in the petition to the Court.
12.3.9 If any person be assessed for several parcels of land and tenements in the same assessment in the Town, the total of said taxes or other charges may be collected from the sale of any part or portion of said lands and tenements.
12.3.10 In the event of death, resignation, or removal from office of the Town Manager, before the proceedings for the sale of lands shall have been completed, the successor in office shall succeed to all powers, rights, and duties in respect to said sale. In the event of the death of the purchaser at said sale prior to receiving a deed for the property purchased thereat, the person having right by consent, devise, assignment or otherwise, may file with the Superior Court of the State of Delaware, in and for Sussex County, a petition representing the facts and praying for an order authorizing and requiring the Town Manager to execute and acknowledge a deed conveying to the petitioner the premises so sold, and thereupon the Court may make such order adjudging the conveyance of the premises as shall be according to justice and equity.
12.3.11 The Town Manager shall have the same right to require the aid or assistance of any person or persons in the performance of the Manager's duty of sale which the Sheriff of Sussex County now has by law or may hereafter have.
12.4 In addition to all of the remedies, methods, and authorities for the collection of taxes, the Tax Collector shall have the same rights in the collection of taxes as the Tax Collector or Receiver of Taxes as Sussex County now has by law or may hereafter have including the monition method for the collection of such taxes.
12.5 In the event the Town brings any action at law (including seeking the imposition of a fine or penalty, the establishment of a lien, or the collection of an amount owed to the Town in an action for debt), or in equity, to enforce compliance with any town ordinance, or to correct and abate any nuisance, the Town shall, if it is the prevailing party in such action, be entitled to recover, as part of the judgment, in addition to any other amounts recovered, the Town's court costs (including all filing fees, court reporting charges, and expert witness fees) and its reasonable attorneys fees.
13. Borrowing Powers.
13.1 Short-Term Borrowing, Voter Approval Not Required. The Town Council shall have the power to borrow money on the full faith and credit of the Town, without approval of the voters and without regard to the provisions of Sec. 13.2 of this Charter, such principal sum or sums not exceeding in the aggregate on