Laws of the State of Delaware - Volume 60 - Part 2 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- EIGHTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1975
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1976
PART II
VOLUME LX
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 60 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-EIGHTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A.D. 1975 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A.D. 1976 PART II VOLUME LX CHAPTER 440 FORMERLY HOUSE BILL NO. 989 AN ACT TO AMEND CHAPTER 51, TITLE 30, DELAWARE CODE, RELATING TO REPORT DUE DATE OF DISTRIBUTORS AND SPECIAL FUEL USERS AND DEALERS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5113(a) and (b) of Chapter 51, Title 30, Delaware Code by striking the words "next to the last business" as the same appears in said Sections and substituting in lieu thereof the words "the twenty-fifth (25th)". Section 2. Amend §5113(d) of Chapter 51, Title 30, Delaware Code by striking said paragraph (d) in its entirety and substituting in lieu thereof a new paragraph (d) to read as follows: The monthly statements or payments of tax as pro-vided in §5114 of this Title, shall be considered to have been duly and timely filed if such statements or payments are deposited in the United States Mail with postage prepaid on or before the twenty-fifth (25th) day of a given calendar month; provided, however, that for good cause the Depart-ment of Public Safety may grant a Licensee a reasonable ex-tension of time." Section 3. Amend §5113 of Chapter 51, Title 30, Delaware Code by adding thereto a new paragraph to be designated as paragraph (e) which new paragraph shall read as follows: When the twenty-fifth (25th) day of a given month falls on a weekend or State Holiday, the due date of the statement and tax shall be the next following business day of the State." 1249 1250 Chapter 440 Section 4. Amend §5136(a) of Chapter 51, Title 30, Delaware Code by striking the words "next to the last business", as the same appears in the first paragraph of said Section and substituting in lieu thereof the words "twenty-fifth (25th)". Section 5. Amend §5136(a) of Chapter 51, Title 30, Delaware Code by striking the second paragraph in its entire-ty commencing with the words "Such reports...", and en-ding with the words, "extension of time" and substituting in lieu thereof a new paragraph to read as follows: "Such report and payment will be considered to have been duly and timely filed if such report or payment is deposited in the United States Mail with postage prepaid on or before the twenty-fifth (25th) day of a given calendar month; provided, however, that for good cause the Depart-ment of Public Safety may grant a Licensee a reasonable ex-tension of time." Section 6. Amend §5136(a) of Chapter 51, Title 30, Delaware by adding thereto a new paragraph to read as follows: "When the twenty-fifth (25th) day of the month falls on a weekend or State Holiday, the due date of the report and tax shall be the next following business day of the State." Approved June 4,1976 CHAPTER 441 FORMERLY HOUSE BILL NO. 767 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 27, PART 1, TITLE 18 OF THE DELAWARE CODE RELATING TO IN-SURANCE: AND PROVIDING BASIC READIBILI-TY REQUIREMENTS FOR AUTOMOBILE IN-SURANCE POLICY FORMS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 27, Part 1, Title 18 of the Delaware Code by designating all of the present Chapter as Subchapter 1, entitled: "INSURANCE CONTRACTS GENERALLY". Section 2. Amend Chapter 27, Part 1, Title 18, Delaware Code by adding thereto a new subchapter, designated as Subchapter II, to read as follows: "SUBCHAPTER II. READABILITY OF AUTO-MOBILE INSURANCE POLICY FORMS §2740. Statement of Policy. It is the purpose of this Act to encourage the Commis-sioner to promulgate regulations by October 15, 1976, which assure that automobile insurance policies issued in Delaware, after the effective date of said regulations, will be understan-dable and readable by a person of average intelligence and education; or, in the event of the failure of the Commis-sioner to promulgate such regulations by October 15, 1976, to establish certain basic minimum readability requirements for automobile insurance policy forms. Accordingly, it is in-tended that the provisions of Subchapter III of this Act shall become effective only upon the failure of the Commissioner 1251 1252 Chapter 441 to promulgate such regulations by October 15, 1976.'" "2741. Commissioner's Authority to Promulgate Readability Rules and Regulations. In addition to those general powers granted in §314 of Title 18, Delaware Code, the Commissioner is hereby authorized and empowered to make rules and regulations to the extent the Commissioner deems necessary to assure that automobile insurance policy forms as described in §2742 of this Chapter are readable and understandable by a person of average intelligence and education; provided, however, that such rules and regulations shall require, in the manner the Commissioner deems appropriate, that all such automobile insurance policy forms shall have a total 'readability score' of 40 or more on the Flesch Scale, although forms with a Flesch Test Score of less than 40 may be approved where the length of sentences and words are sufficiently compensated for by compliance with other standards set forth in such rules and regulations. The Commissioner shall adopt and promulgate readability rules and regulations only after a hearing thereon of which notice has been given to all persons subject to the Commissioner's supervision under this Title who are to be affected by the proposed rule or regulation. Any readability rules and regulations so adopted and promulgated shall be effective upon the date specified therein." Section 3. Amend Chapter 27, Part I, Title 18, Delaware Code, by adding thereto a new Subchapter, to be designated as Subchapter Ill, only in the event the Commissioner does not adopt and promulgate readability regulations by October 15, 1976, said Subchapter to read as follov,s: "SUBCHAPTER III. BASIC READABILITY RE-QUIREMENTS FOR AUTOMOBILE INSURANCE POLICY FORMS §2742. Applicability. Chapter 441 1253 (a) The provisions of this subsection shall apply to all policies providing automobile liability, medical payments, physical damage or uninsured motorists' insurance on private passenger automobiles owned or rented under a long-term lease or contract by an individual, or husband and wife who are resident in the same household on a specified car basis. A 'private passenger automobile' for the purposes of this Chapter includes the following: A motor vehicle of the private passenger or station wagon type which is neither used for transporting goods or passengers for hire, nor rented to others without a driver. A motor vehicle with a pick-up body, a delivery sedan or panel truck, not customarily used in the occupa-tion, profession or business of the insured other than farm-ing or ranching. A motor vehicle used in the course of driv-ing to or from work, which otherwise meets the eligibility re-quirements of this definition, shall be classified as a private passenger automobile. An automobile owned by a farm family, co-partnership or corporation which is principally garaged on a farm or ranch and otherwise meets the definitions in paragraph (1) or paragraph (2) of this subsection, shall be considered a private passenger automobile owned by two or more relatives resident in the same household. (b) The requirements of this Subchapter shall apply to all policy forms covering risks mentioned in this Section received by the Insurance Department of this State for ap-proval. Its requirements shall apply to all policy forms for automobile insurance as defined in this section presently ap-proved for use in Delaware. §2743. Short Sentences. Sentences shall be as short as possible. Sentence struc-ture shall be primarily simple. Compound and complex 1254 Chapter 441 sentences shall be avoided wherever possible. §2744. Simple Wording. Policy forms are to be written in simple words. Each word shall convey meanings clearly and directly. Legal soun-ding words shall be avoided. Present tense and positive statements shall be used wherever possible. Gerunds, par-ticiples and infinitives shall be avoided. Words shall be used in their commonly understood senses. §2745. Definitions. Definitions shall be limited to words which cannot be properly explained or qualified in the text. Terms shall reflect their defined meanings. §2746. Index. Policy forms shall include an index at the beginning of the form. The index shall give a comprehensive listing of policy parts in a logical sequence. Index listings shall clearly state the contents of each section. The index shall be so ar-ranged as to provide a useful guide to the use of the policy or form. The index shall, wherever possible, make the follow-ing information easily available: the person insured under each coverage; the item covered under each coverage; clearly state what is not covered under each coverage, how such coverage is limited; words requiring definition; Chapter 441 1255 the procedure required of the insured in order to file a claim under each coverage; what the insured is required to do if sued; all changes in the policy. (c) If the index does not appear on the cover, the back side of the cover, or on the first page after the cover, its loca-tion shall be noted in large type on the cover page. §2747. Introduction. Policy forms shall be introduced by a brief explanation of the fact that the policy is a contract between the company and the policy holder. §2748. Policy Structure. For clarity, each coverage (in forms with two or more coverages) shall be arranged separately with its related exclu-sions, conditions and other provisions. Claim filing pro-cedures shall either be stated in a separate section and keyed to each coverage section or set forth in the section pertaining to each coverage. §2749. Legibility. (a) The body text of the policy shall be printed in Roman type at least as large as ten-point modern type, two points leaded. The legibility shall be comparable to that of Century type. No insurer, however, is required to use a specific type-face as long as the type selected meets his stan-dard of readability. The Insurance Department shall permit the following type faces to be used, and they shall be deemed as being as legible as Century type: Aldine 1256 Chapter 441 Baskerville Bodoni Bodoni Book Century Schoolbook Journal Press Roman Times Roman The use of any other type of type-face must first be approved by the Insurance Commissioner. The column width or line length of the body text of the policy shall not exceed four inches per column. Margins shall be adequate for purposes of readability. The contrast and legibility of the color of ink and the color of paper of the policy shall be substantially the equivalent of that of black ink on white paper. Contract sec-tion headings shall be in a contrasting color, contrasting type-face and/or size. §2750. Narrative or Outline Form. Policy forms shall be prepared either in narrative or in outline form. If the narrative form is used, frequent section headings shall be used to permit ease in locating provisions. If the outline form is used a maximum of three levels of divi-sion shall be used. Care shall be taken to avoid fragmenta-tion in the outline form. §2751. Conditions. Conditions shall be incorporated into the sections to which they apply. Conditions relating to a specific coverage ;hall be included with that coverage. Conditions relating to :laims procedures shall be included in a section on how to rile a claim. The insurer shall avoid using a series of inrelated conditions which relate to other parts of the policy ndividually, or which could be combined in a section on Chapter 441 1257 what the insured should do if sued, or on policy changes. §2752. Testing. Policy forms shall have a total 'readability score' of 40 or more on the Flesch Scale. Forms with a Flesch Test Score of less than 40 may be approved where the length of sentences and words are sufficiently compensated for by compliance with other standards in this Subchapter. A Flesch Test Score of 40 or more shall not permit approval of a form which does not meet other standards in this Subchapter. §2753. Filing Requirements. Policy forms filed for approval shall be accompanied by a Flesch Readability Analysis and Test Score in accordance with law or the rules and regulations of the Commissioner. Where policy forms are filed as replacements for other forms presently in use, copies of such forms are to accompany the filing, for comparison purposes. §2754. Approved Forms. All forms presently approved by the Insurance Depart-ment for insurance within the scope of this Subchapter are subject to disapproval, unless they comply with the require-ment set forth herein. If presently approved forms are believed to be in com-pliance with the requirements of this Subchapter, an insurer may request confirmation from the Insurance Commis-sioner." "§2755. Flesch Readability Analysis". 1258 Chapter 441 Readability is to be measured by the following pro-cedure: Counting sentences. When counting sentences, only full units of thought shall be considered, each ending with a period, semicolon, or colon. Headings and subsection numbers are not to be counted. Lists of items having only a few words shall be disregarded completely. Counting words. Contractions and hyphenated words are to be counted as one word. So are numbers and letters, if they are separated by spaces. For example. "C.O.D." and "19" would each be considered one word. Counting syllables. Syllables shall be counted in the manner in which they are pronounced; each syllable of a number or letter shall be counted. If there are two equally ac-ceptable pronunications of a word, as shown by a disc-tionary, the word having the fewer number of syllables shall be used. Each syllable is to be counted as a "word", and a count shall be taken of each. The number of words and syllables shall be totaled. The total number of sentences, words and syllables for each whole contract shall be added. The following equa-tions shall apply: Average sentence length. TToottaall nnuummbbeerr ooff sweonrtdesn ces Average word length Total number of syllables Total number of words Flesch Reading Ease Score = 206.835 - (X + Y) X = average sentence length X 1.015 Chapter 441 1259 B. Sampling. The Commissioner may analyze a contract by the use of sampling procedures in lieu of counting each sentence, word and syllable. Each sample, however, mug contain 100 words determined by including all sentences up to and including the sentence ending after the 100-word mark. To ensure an un-biased sample, the following procedure shall be used: Samples shall not be used for small contracts of one or two pages. Each small contract shall be analyzed totally as a whole contract. For policies over two pages, sampling shall be no less than two samples per page. In sampling, skip an equal number of printed lines after each sample and start the next sample with the sentence beginning after that point. To determine the number of lines between samples, take two samples from the very first page, and count how many lines are between them. For example, if there are 50 printed lines between the first two samples, then after each sample count 50 lines, and start the next sample with the sentence beginning alter that 50-line point. If a row of print is less than one-half the column of print, shall not be counted. C. Information on Readability Each policy shall be analyzed by the insurer, subject to review by the Insurance Department. For each policy analyzed by the Flesch Readability Method, the following shall be submitted to the Insurance Department. 1. If the whole contract is analyzed, please submit a Y average word length X 84.6 1260 Chapter 441 summary of information for each sentence including number of words and number of syllables. Also include calculation of average sentence length, average word length, and the Flesch Reading Ease Score. If samples are used, the analysis shall include a description of the sampling method (i.e., number of samples, number of printed lines between samples, and a marked copy of a policy indicating samples). Include a summary of information for each sample, such as number of sentences, number of words, and number of syllables. Include the calculation of average sentence length, average word length, and Flesch Reading Ease Score. Because of the effect of some words on readability, each filing submitted shall list the number of times each of the following words or phrases is used for calculating the Flesch Score on each policy: accident automobile bodily injury company insurance liability physicial damage policy property damage." Section 4. The provisions of this Act included within Subchapters I and II hereof shall become effective im-mediately upon enactment into law. The provisions of this Act included within Subchapter III hereof shall only take ef-fect in the event that the Commissioner does not adopt and promulgate readability regulations by October 15, 1976, in which event the provisions of Subchapter III shall take effect on October 15, 1977. Approved June 4, 1976 CHAPTER 442 FORMERLY HOUSE BILL NO. 959 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE RELATING TO INSPECTION OF SMALL TRAILERS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2143, Chapter 21, Title 21 of the Delaware Code by adding a new subsection (d) to said sec-tion, which shall read as follows: "(d) The Department shall waive the requirement for in-spection for those small trailers with a gross weight of vehicle and load of 4,000 pounds or less, which are not required to be equipped with brakes." Approved June 4, 1976 1261 1262 CHAPTER 443 FORMERLY HOUSE BILL NO. 995 AN ACT TO PROVIDE A SUPPLEMENTARY AP-PROPRIATION TO THE PUBLIC DEFENDER OF THE STATE OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of twenty-seven thousand nine hundred fifty eight dollars and sixty cents ($27,958.60) is hereby appropriated to the Public Defender of the State of Delaware for the payment of past-due and existing bills for trial transcripts, psychological examinations and phychiatric examinations performed in the fiscal year 1974-1975. Section 2. The sum of twenty-five thousand dollars ($25,000.00) is hereby appropriated to the Public Defender of the State of Delaware for the payment of existing and an-ticipated bills for trial transcripts, phychological and psychiatric examinations performed in the fiscal year 1975-76. Section 3. This Act is a supplementary appropria-tion act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropriated. Section 4. The funds so appropriated shall be used only for the purposes herein specified, and any funds ap-propriated but unexpended by July 1, 1976, shall thereupon revert to the General Fund of the State Treasury. Approved June 4, 1976 CHAPTER 444 FORMERLY SENATE BILL NO. 635 AN ACT TO AMEND PART VI, CHAPTER 61, TITLE 29, DELAWARE CODE, RELATING TO FUNDS RECEIVED FROM STATE OPERATED HOUSING PROJECTS UNDER THE AUSPICES OF THE DELAWARE STATE HOUSING AUTHORITY OR THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §6102 of Part VI, Chapter 61, Ti-tle 29, Delaware Code, by adding thereto a new paragraph to be designated as paragraph (h) which new paragraph shall read as follows: "(h) Nothing in this Chapter shall be construed to deprive the Delaware State Housing Authority or the Department of Community Affairs and Economic Develop-ment of the right to receive and expend, for operating costs, replacements, and maintenance, rental and operating income from housing managed by said Authority or Department and to maintain separate internal funds accounts and reserve ac-counts for such purposes." Approved June 4, 1976 1263 1264 CHAPTER 445 FORMERLY HOUSE BILL NO. 473 AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE PERTAINING TO THE CRIME OF OBSCENITY AND PROVIDING PENALTIES THEREFORE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 1361, Subpart C, Chapter 5, Part I, Title 11 of the Delaware Code by adding a new sentence at the end thereof to read as follows: "Any person convicted of obscenity shall, in addition to the penalties set forth in this Title, for a period of one (1) year have suspended his business license(s) for that business from which the conviction of obscenity arose." Approved June 4, 1976 1265 CHAPTER 446 FORMERLY SENATE BILL NO. 555 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 1 AND CHAPTER 3, TITLE 15 OF THE DELAWARE CODE RELATING TO THE DEFINITIONS OF "PARTY" OR "POLITICAL PARTY" AND OF "PRIMARY ELECTION"; AND PROVIDING FOR THE SUP-PLYING OF VOTER LISTS TO POLITICAL PARTY CHAIRMEN AND OTHER PERSONS. Be it enacted by the General Assembly of the S i of Delaware: Section 1. Amend §101, Chapter 1, Title 15, Delaware Code, by striking subsection (13) of said section in its entirety and inserting in lieu thereof the following: '(13) 'Party' or political party' means any political par-ty or political organization which electes delegates who par-ticipate in the national convention of a political party, nominates candidates for electors of President and Vice- President, United States Senator, Representative in Con-gress, Governor, and other offices to be presented on the ballot throughout the State, elects a State committee and of-ficers of a State committee by a State convention composed of delegates elected from each representative district in which the party has registered members and, unless it qualified and appeared on the general election ballot of this State for the preceding Presidential election year of 1972, the party or organization meets one or more of the following qualifications: (a) the number of voters registered in the name of the party is equal to at least one percent (1°7o) of the total number of voters registered in the State; 1266 Chapter 446 in the preceding general election, any Statewide can-didate of the party received at least two percent (2%) of the total vote cast throughout the State for that office; no later than August 15th of a general election year, petitions are filed certifying that the party exists and signed by a number of registered voters not less than one percent (1%) of the total number of registered voters of the State. These petitions shall be prepared within the period of January 1st to August 15th of a general election year and shall contain the full name and address of each signer and the date upon which he signed. Each registered voter signing shall do so upon a petition prepared for the county in which he is registered, and the petition shall be filed with the Department of Elections for that county. Each Department shall certify those petitions submitted to it and the names of the registered voters signing the petitions as valid. The cer-tification of all Departments receiving petitions shall be necessary for a party to exist." Section 2. Amend §101, Chapter 1, Title 15 of the Delaware Code by striking subsection (15) of said section in its entirety and inserting in lieu thereof the following: "(15) 'Primary election' means an election by voters who are registered members of any political party which, upon the date set by law for the filing of candidates for nomination at a primary election, has enrolled at least one percent (1%) of the total number of registered voters of this State." Section 3. Amend subsection (a), Section 307, Chapter 3, Title 15 of the Delaware Code by striking the se-cond sentence of said subsection, which begins with the words "Eight copies of each list", in its entirety and inser-ting in lieu thereof the following: "Eight copies of each list shall be supplied without charge to each political party whose registered members Chapter 446 1267 equal at least 1% of the total number of registered voters of this State." Approved June 7, 1976 1268 CHAPTER 447 FORMERLY SENATE BILL NO. 556 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 33, TITLE 15 OF THE DELAWARE CODE RELATING TO THE NOMINA-TIONS OF CANDIDATES BY PARTIES; AND PRO-VIDING A SUPPLEMENTARY APPROPRIATION TO VARIOUS DEPARTMENTS OF ELECTION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §3301, Chapter 33, Title 15 of the Delaware Code by striking subsection (a) of said section in its entirety and substituting in lieu thereof the following: The nominations of the candidates for electors of President and Vice President of the United States (together with the names of the candidates for President and Vice President) and for the United States Senator, Representative in Congress, Governor and all other State offices shall be certified to the State Election Commissioner by the presiding officer and secretary of the State convention or committee of each political party eligible to place candidates upon the ballot. The Commissioner shall forthwith send copies of each certificate of nomination to each county Department of Elections." Section 2. Amend §3301, Chapter 33, Part III, Title 15 of the Delaware Code by striking subsection (b) alk subsection (c), and substituting in lieu thereof the following: The nominations of the candidates for Stat( Senator, State Representative, and the various county office: shall be certified to the Department of Election for the coun ty in which the contests are to be held, by the presiding of Chapter 447 1269 ficer and secretary of the county committee of each political party eligible to place candidates upon the ballot. Each Department shall forthwith send copies of each certificate of nomination to the State Election Commissioner." Section 3. Amend §3301, Chapter 33, Part III, Title 15 of the Delaware Code by striking subsection (g) of said section in its entirety and inserting in lieu thereof the follow-ing: "(g) The State Election Commissioner shall see to it that the nominations of candidates submitted to him and the eligibility of each political party to make such nominations conform to those requirements set forth in this Title. Each county Department of Elections shall perform the same duty concerning those certificates of nomination submitted to it." Section 4. Amend §3301, Chapter 33, Part III, Title 15 of the Delaware Code by re-designating present subsec-tion (d) as new subsection (c), and by re-designating each succeeding section accordingly. Section 5. Amend subsection (a), Section 3302, Chapter 33, Title 15 of the Delaware Code by striking the words "clerks of the peace" as the same appear in said subsection, and inserting in lieu thereof the words "county departments of election". Section 6. Amend subsection (b), Section 3302, Chapter 33, Title 15 of the Delaware Code by striking the words "assemble in the office of the clerk of the peace at Dover" as the same appear in said subsection, and inserting in lieu thereof the words "assemble in Dover, with the State Election Commissioner presiding and having the right to vote in event of a tie". Section 7. Amend §3302, Chapter 33, Part III, Title 15 of the Delaware Code by striking the words "Clerks of the Peace" wherever they appear in subsection (b) and 1270 Chapter 447 substituting the words "Department of Election" in lieu thereof; by striking the words "Clerk of the Peace" wherever the same may appear in subsection (b), and substituting "Department of Elections" in lieu thereof; and by striking the word "himself" wherever the same appears in subsection (b), and substituting the word "itself" in lieu thereof. Section 8. Amend §3303, Chapter 33, Part III, Title 15 of the Delaware Code by striking the words "Secretary of State or the clerks of the peace" as the same appear in the first sentence of said section, and inserting in lieu thereof the words "State Election Commissioner or the Department of Election". Section 9. Amend §3304, Chapter 33, Part III, Title 15 of the Delaware Code by striking the words "Secretary of State" wherever the same appear in said section, and inser-ting in lieu thereof the words "State Election Commis-sioner"; and by striking the words "clerk of the peace" as the same appear in said section, and inserting in lieu thereof the words "Department of Election". Section 10. Amend §3305, Chapter 33, Part III, Ti-tle 15 of the Delaware Code by striking the words "Secretary of State and the clerks of peace" as the same appear in said section and inserting in lieu thereof the words "State Elec-tion Commissioner and the Departments of Election". Section 11. Amend §3307, Chapter 33, Part III, Ti-tle 15 of the Delaware Code by striking the words "clerk of the peace" and "clerks of the peace" wherever the same ap-pear in said section, and inserting in lieu thereof the words "department of elections" and "departments of election", respectively. Approved June 7,1976 CHAPTER 448 FORMERLY HOUSE BILL NO. 1004 AN ACT TO AMEND CHAPTER 80, TITLE 29, DELAWARE CODE, RELATING TO HIRING OF SEASONAL EMPLOYEES BY THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMEN-TAL CONTROL. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §8003, Chapter 80, Title 29, Delaware Code by striking paragraph (3) of said section in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: "(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department. Those positions in the classified service shall be hired through the Office of Personnel. Those positions not in the classified service shall not be hired through the Office of Personnel and shall not receive an appointment exceeding 180 days in any calendar year. No pro rata share of employee administration costs shall be paid to the Office of Personnel." Approved June 7, 1976 1271 1272 CHAPTER 449 FORMERLY SENATE BILL NO. 577 AN ACT TO AMEND TITLE 10, TITLE 11, TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO PARENTS AND CHILDREN; AND PROVIDING CRITERIA IN CERTAIN CASES FOR THE DEFINITION OF TRUANT BEHAVIOR AND TRUANCY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §901, Chapter 9, Part I, Title 10 of the Delaware Code by adding thereto a new subsection, designated as subsection (14), which new subsection shall read as follows: "(14) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of inter-mittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant." Section 2. Amend §1103, Chapter 5, Part I, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows: "(c) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of inter-mittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant." Section 3. Amend §2702, Chapter 27, Part II, Title Chapter 449 1273 14 of the Delaware Code by striking said section in its entire-ty and substituting in lieu thereof the following: "§2702. Compulsory Attendance Requirements. Except as otherwise set forth in this section, every person in the State having control of a child between six years of age and sixteen years of age shall send such child to a free public school, in the district of the residence of the parents, except as determined in accordance with Chapter 6 of this Title, and shall send the child to such school each day of the minimum school term of 180 days beginning on the first day of the school year of the calendar year in which the child reaches six years of age, unless the local school authorites determine that such beginning is not in the best in-terests of the child. If a parent, to ensure the safety and welfare of the child fails to cause the child to attend school, such child is not a truant." Section 4. Amend §2706, Chapter 27, Part II, Title 14 of the Delaware Code by striking said section in its entire-ty, and substituting in lieu thereof the following: "§2706. Absences and Truancy. Subject to the rules and regulations of the local school board, pupils enrolled in the free public schools may be ex-cused by the Superintendent of Schools or persons authorized by him. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant. Except as otherwise stated in this section, 'truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had un unreasonable amount of intermittent attendance or tardiness without valid excuse." 1274 Chapter 449 Section 5. Amend §2711, Chapter 27, Part II, Title 14 of the Delaware Code by striking said section in its entire-ty. Section 6. Amend §301, Chapter 3, Part I, Title 31 of the Delaware Code by adding thereto a new subsection, designated as subsection (4), which new subsection shall read as follows: "(4) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of inter-mittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant." Approved June 10, 1976 CHAPTER 450 FORMERLY SENATE BILL NO. 609 AN ACT TO AMEND CHAPTER 1 OF TITLE 17, DELAWARE CODE, RELATING TO GENERAL JURISDICTION OF THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION. WHEREAS, the 128th General Assembly passed in its First Session and Governor Tribbitt signed an Act to amend Chapter I, Title 17 of the Delaware Code (Senate Bill No. 313); and WHEREAS, paragraph (g) of this Act required the Department of Highways and Transportation, Division of Highways, upon dedication of the right of way to public use, to maintain, repair and reconstruct all roads and streets situated in unincorporated suburban communities which were built between July 1, 1951, and July 1, 1975; and WHEREAS, a specific deadline in which to dedicate or remain private was never included in such legislation as well as funds to effectuate any repairs or maintenance on such dedicated roads; and WHEREAS, the omission of a time schedule and the necessary funds places undue hardship upon the Depart-ment as to work schedules and availability of materials; and WHEREAS, the lack of a time element allows private suburban communities with good streets at present to wait until they are in poor shape for decision making which necessitates excessive amounts for proper maintenance to be expended. NOW, THEREFORE: 1275 I 276 Chapter 450 Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §131(g) of Chapter 1, Title 17, Delaware Code, by adding thereto a new sentence to read as follows: "Dedication of the right-of-way must occur prior to June 30, 1978, to qualify for the aforementioned respon-sibilities under the auspices of this section." Approved June 10, 1976 CHAPTER 451 FORMERLY HOUSE BILL NO. 604 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 4, TITLE 21, DELAWARE CODE, RELATING TO RECIPROCI-TY AGREEMENTS FOR DRIVERS' LICENSES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §40I, Title 21, Delaware Code, by designating the existing paragraph as paragraph (a). Section 2. Further amend §401, Title 21, Delaware Code, by adding the following new paragraph to be designated as paragraph (b): "(b) The Secretary of Public Safety may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to licensed drivers who are properly licensed in such jurisdictions and for which evidence of compliance is supplied, benefits, privileges and exemptions of a similar kind or to a similar degree as are extended to drivers properly licensed in this State. Each such agreement or arrangement shall, in the judgment of the Secretary of Public Safety, be in the best interest of this State and the citizens thereof and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce." Section 3. Amend §404, Title 21, Delaware Code, by inserting the words "or licensed drivers" after the words "properly registered or licensed" and before the words "in such other jurisdiction". 1277 1278 Chapter 451 Section 4. Amend §407, Title 21, Delaware Code, by inserting the words "or a driver" after the words "to a vehicle" and before the words "which is in violation". Section 5. Amend §409, Title 21, Delaware Code, by inserting the words "or driver" after the words "All reciprocity registration" and before the words "agreements, arrangements". Section 6. Further amend §409, Title 21, Delaware Code, by inserting the words "or drivers" after the words "relating to vehicles" and before the words "in force". Approved June 10, 1976 CHAPTER 452 FORMERLY SENATE BILL NO. 126 AS AMENDED BY SENATE AMENDENT NOS. 1,2,3 AN ACT TO AMEND SUBCHAPTER 1 OF CHAPTER 1, TITLE 26, DELAWARE CODE, RELATING TO DISCONTINUANCE OF GAS, WATER, OR ELEC-TRIC SERVICE BY PUBLIC UTILITIES. Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Subchapter 1 of Chapter 1, Ti-tle 26, Delaware Code, by adding thereto a new section to be designated as §117 to read as follows: §117. Prohibitions. Definitions (1) For purposes of this section, "Per-son" shall include, but not limited to, any individual, cor-poration, partnership, association or join stock company. (2) For purposes of this section, "Employee" shall in-clude, but not limited to; (i) any person who is an employee of such utility authorized to accept payment for sales and services; (ii) the individual who is to terminate such sale or service. No person who engages in the distribution and sale of gas, water or electricity for use or consumption in any dwelling unit shall discontinue service or sale thereof due to nonpayment of past charges for such service or sale to the occupants of that dwelling unit and owed by the oc-cupants thereof without at least 72 hours notice to said oc-cupants of intention to so terminate, except as otherwise provided by this section. 1279 1280 Chapter 452 In no event shall such termination occur between 12 o'clock Noon on any Friday and 12 o'clock Noon on the succeeding Monday, unless such utility provides facilities for payment and restoration of such services at all times during such period. Should Friday be a legal, state or national holiday, the last preceding business day shall be substituted for Friday. Should Monday be a state or national legal holiday, the next succeeding business day shall be substituted for Monday. In no event shall such termination occur if any oc-cupant of any dwelling unit shall be so ill that the termina-tion of such sale or service shall adversely affect his health or recovery, which has been so certified by a statement from any duly licensed physician of this State or any ac-credited Christian Science practitioner and received by any employee or officer of such person engaging in the distribution or sale of gas, water, or electricity. Violation of this section shall constitute a misde-meanor. Approved June 11, 1976 CHAPTER 453 FORMERLY SENATE BILL NO. 531 AN ACT TO AMEND CHAPTER 34, VOLUME 58, LAWS OF DELAWARE, BEING AN ACT EN-TITLED: "AN ACT TO REINCORPORATE THE TOWN OF BLADES", RELATING TO PROVI-SIONS FOR VOTING IN AN ANNEXATION ELECTION. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 3 (e) of Chapter 34, Volume 58, Laws of Delaware, by inserting a period (.) immediately after the word "vote" and further striking all remaining language beginning with the word "for" and ending with the word "annexed" as the same appears in the first sentence of said paragraph (e). Section 2. Amend Section 3 (e) of Chapter 34, Volume 58, Laws of Delaware by inserting a period (.) im-mediately following the word "vote" and further striking all remaining language beginning with the word "for" and ending with the word "assessment" as the same appears in the third sentence of said paragraph (e). Approved June 11, 1976 1281 1282 CHAPTER 454 FORMERLY SENATE BILL NO. 614 AN ACT TO REPEAL CHAPTER 312, VOLUME 60, LAWS OF DELAWARE AND TO AMEND CHAPTER 216, VOLUME 27, LAWS OF DELAWARE ENTITLED: "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF NEW CASTLE". Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each house concurring therein): Section 1. Chapter 312, Volume 60, Laws of Delaware is hereby repealed. Section 2. Amend Chapter 216, Volume 27, Laws of Delaware by striking section 18 thereof in its entirety and substituting in lieu thereof the following: "Section 18. The Council shall have power and authority to appropriate out of the Treasury, by ordinance or resolution passed by a majority of all members, all sums of money necessary to carry on the government of the City and defray the expenses thereof, and the said Council shall fix and determine the salary or compensation to be paid to the Treasurer, Police Constables, and all other persons in the employ of the said City. The Mayor shall receive as compensation or emolument for his ser-vices as Mayor the sum of Twelve Hundred Dollars per year. The President of the Council shall receive as com-pensation or emolument for his or her services as Presi-dent the sum of Eleven Hundred Dollars per year. Each member, other than the President of the said Council, shall receive One Thousand Dollars per year as compensa-tion, and emolument for his or her services." Approved June 11, 1976 CHAPTER 455 FORMERLY SENATE BILL NO. 674 AN ACT TO AMEND CHAPTER 5, TITLE 13 OF THE DELAWARE CODE RELATING TO JURISDIC-TION OF THE FAMILY COURT OVER SUPPORT AGREEMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend subsection 507 (a), Title 13 of the Delaware Code by adding thereto a new sentence at the end of the first sentence thereof, which sentence shall read as follows: "The Court shall have exclusive jurisdiction with respect to construction and enforcement of agreements relating to payments for support between spouses, between persons formerly spouses, between parents and children, and between parents and children's spouses or former spouses." Approved June 11, 1976 1283 I24 CHAPTER 456 FORMERLY SENATE BILL NO. 686 AN ACT TO AMEND VOLUME 36, LAWS OF DELAWARE, CHAPTER 158, 1929 ENTITLED AN ACT CHANGING THE NAME OF "THE TOWN OF DOVER" TO "THE CITY OF DOVER" AND ESTABLISHING A CHARTER THEREFORE, SAID AMENDMENT BEING TO CHANGE THE CHARTER CONCERNING THE DESIGNATION OF BOUNDARIES OF THE CITY THEREIN: CHANGING THE HOURS THAT THE POLLS SHALL REMAIN OPEN FOR MUNICIPAL ELEC-TIONS AND THE PLACE OF HOLDING ELEC-TIONS; CHANGING THE ELECTION RULES CONCERNING A TIE VOTE IN MUNICIPAL ELECTIONS; CHANGING THE PROVISIONS FOR A QUORUM AND PROVISIONS FOR SPECIAL ELECTIONS; ABOLISHING THE RIGHT OF THE MAYOR TO VOTE AND PROVIDING THAT MEMBERS OF THE PLANNING COMMISSION CANNOT HOLD ELECTED CITY OFFICES AT THE SAME TIME AND MAKIN(; OTHER CHANGES TO THE CHARTER. Be it enacted by the General Assembly of the State of Delaware (iwo-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Section 1, Volume 36, Laws of Delaware, Chapter 158 (1929) by striking said section in its entirety, and by adding a new section to read as follows: "Section 1. The municipal corporation of the State of Delaware, known as "The Town of Dover" shall hereafter be known as "The City of Dover". The boun-daries of the City of Dover are hereby established and declared as recorded on the official map of record in the Chapter 456 1285 Recorder of Deeds Office for Kent County and State of Delaware as presently existing and as hereinafter amended." Section 2. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking Section 8 in its entirety and by substituting in lieu thereof a new Section 8 to read as follows: "Section 8. The regular municipal election shall be held on the third Monday in January of each year. At each such elec-tion the polls shall be opened at 11:00 A.M. and closed at 8:00 P.M. The council may designate the places of election and make all necessary rules and regulations not inconsis-tent with this charter or with other laws of the State of Delaware for the conduct of elections, for the prevention of fraud of elections, and for the recount of ballots in case of doubt or fraud. All elections shall be held by an Election Board which shall consist of the Alderman and two of the four members of council whose terms of office continue for the year following the election, to be chosen by the Council at the meeting prior to the election. The Alderman may designate such other persons as he shall deem necessary to assist the members of the Election Board in the conduct of the election and counting of the ballots. Should any or all of the members of the Election Board be absent from the place of election at 11:00 A.M. on the day of the election or fail or neglect to act in the conduct of such election during the time the polls are open and until the ballots are counted and the results of the election certified, the voters of the City present at such time may choose from the qualified voters of the City such person or persons as shall be necessary to fill the places made vacant by the absence or neglect aforesaid. (c) When the polls are closed the Election Board shall 1286 Chapter 456 publicly count the votes and shall certify the result of the election to each of the persons elected and to the council. The candidate for the Office of Mayor who receives the highest number of votes cast for that office shall be declared to be elected Mayor, and the candidate for the Office of Councilman from each district who has received the highest number of votes cast for Councilman in that district shall be declared to be elected to that office. In the event of a tie vote for any office, a special election shall be held within 30 days and the registration books shall re-main closed until the outcome of the special election is determined. (d) Every resident of the City of Dover who shall have reached the age of 18 years by the time of the election; who has resided in the City of Dover for at least 30 days continuously preceding the day of the election and who has properly registered to vote shall be entitled to vote at the regular or special municipal elections. The council or-dinance duly adopted may provide for the registration of voters and require that a person otherwise qualified to vote must also be properly registered in order to vote in the municipal elections. Any such ordinance providing for registration of votes shall make adequate provision for the preparation and custody of registration books and for the entry therein of the names of registered voters, their qualifications as such, the fact of their voting at each municipal election, and such other matters as may be re-quired by this Charter or the Laws of the State of Delaware. Reasonable opportunity shall be provided for voters to register, and there shall be at least three registra-tion clays in each year. (e) This subsection is reinstated herein as previously enacted. (1) This subsection is reinstated herein as previously enacted. Section 3. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking the first paragraph of Sec- Chapter 456 1287 tion 10 and by adding a new first paragraph of said sec-tion to read as follows: "Section 10. Conduct of Meetings. Five of the members elected to the Council shall con-stitute a quorum to do business, but a lessor number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance." Section 4. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking the fifth paragraph of Sec-tion 10 in its entirety and by adding a new fifth paragraph to read as follows: "A councilman may abstain from voting on a matter that he feels would involve the consideration of his own official conduct or financial interest." Section 5. Amend Section 13 of Volume 36, Laws of Delaware, Chapter 158 (1929) by striking the last sentence thereof in its entirety and substituting in lieu thereof the following: "In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said vacancy shall be less than 6 months in duration, the coun-cil shall fill such vacancy. If such vacancy should be in ex-cess of 6 months in duration, a special election shall be held to fill such vacancy, this special election to be held no sooner than 30 days from the date of the vacancy, but said special election to be held no later than 60 days after the date of the vacancy." Section 6. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) Section 14 by striking said section in its entirety and by adding a new section to read as follows: 1288 Chapter 456 "Section 14. Duties of Mayors. The Mayor shall be the Executive and Chief Official of the City. He shall preside at meetings of the council. He shall have the powers and perform the duties conferred and imposed by this charter and ordinances of the city." Section 7. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking Section 18 in its entirety and by adding a new Section 18 to read as follows: "Section 18. Power to Define Nuisances. The council shall have the power to define nuisances and cause their abatement. The operation of any instru-ment, device or machine of any kind whatsoever, that shall cause electrical interference with radio or television reception within the limits of the city shall, at the option of the council, be deemed a nuisance." Section 8. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking Section 23 in its entirety and by adding a new Section 23 to read as follows: "Section 23. Planning. The council may create a City Planning Commission for the development, improvement, and beautification of the city, and prescribe its powers and duties. No member of the Planning Commission may hold at the same time, any elected city office." Section 9. Amend Volume 36, Laws of Delaware, Chapter 158 (1929) by striking Section 24 in its entirety and by adding a new Section 24 to read as follows: "Section 24. Regulation of Use of Streets. The council shall have the right to grant or refuse Chapter 456 1289 franchises or licenses to public utilities and common car-riers and to fix the terms and conditions thereof and to regulate their use of the streets, lanes and alleys of the ci-ty." Approved June 11, 1976 1290 CHAPTER 457 FORMERLY SENATE BILL NO. 702 AN ACT TO REINCORPORATE THE TOWN OF MILLS-BORO WHEREAS, The Town of Millsboro became a muni-cipality upon the passage of its Charter by the General Assembly in 1909, appearing as Chapter 203, Volume 25, Laws of Delaware; and WHEREAS, the Charter has been amended from time to time and it is deemed desirable that it be consolidated into one complete Act and in certain respects amended and revised. NOW, THEREFORE, BE IT ENACTED by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein): INCORPORATION Section 1. The inhabitants of The Town of Millsboro within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided are hereby declared to be a body politic incorporated in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of judicature what-soever by the corporate name of "The Town of Millsboro." TERRITORIAL LIMITS Section 2. The present boundaries and limits of The Town of Millsboro are hereby established and declared to be, as follows: Chapter 457 1291 BEGINNING at a point on the Northerly edge of Millsboro Mill Pond, on a line of The American Legion West property line projected across the Pond; thence S 23-1/2° W 606 ft. to a point in the South right of way of State Street; thence South 55° 18' W 1232 ft. to a point which is 150 feet distant from the North right of way of Monroe Street; thence parallel to Monroe Street and 150 feet from North right of way N61° 5'W277 ft. and N 510 10' W 1220 ft., crossing highway R 82 to a point 500 ft. West of the West right of way measured at a right angle therefrom; thence, parallel to the West right of way of R 82 and 500 ft. therefrom S 40 W 580 ft. to center of R 82A; S 2° 45' W 800 ft. and S 00 55' W 2130 ft. to the center of R 24; thence, con-tinuing with R 82, now a 30 ft. county road and 515 ft. W of right of way line S 00 15' W 500 ft. and S 2° E 875 ft to a point in the center line of Route 339 projected to this point; thence, S 50° E to the run of Iron Branch; thence, with the run of Iron Branch crossing R 113 to the center of highway R 334-A (Mitchell Street extended); thence with center line of Street N 22° 45' E 2160 ft. to the Tiger Valley Ditch; thence Southeasterly and Northeasterly with the Tiger Valley Ditch around the Cemetery to the Southerly edge of highway R 331 (State St. extended); thence, with Southerly edge of State St. Northeasterly 1219 ft.; thence N 29° 15' E 462 ft. to a monu-ment at Southwest corner of Houston St.; thence with Southerly line of Houston St. S 62° 30' E. 310 ft. to the edge of Indian River; thence at a right angle N 27° 30' E across In-dian River to the North edge of the river; thence with the North edge of Indian River and of the Millsboro Mill Pond to the place of beginning. ANNEXATION OF TERRITORY Section 3. In the event it becomes feasible and necessary in the future for The Town of Millsboro to enlarge its then existing limits and territory, such annexation ac-complished pursuant to the following procedures shall be lawful: (a) If all of the property owners of the territory con- 1292 Chapter 457 tiguous to the then existing corporate limits and territory of The Town of Millsboro, by written Petition with the signature of each such Petitioner duly acknowledged, shall request The Town Council to annex that certain territory in which they own property, the Mayor of The Town of Millsboro shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Millsboro. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Millsboro and to the ter-ritory proposed to be annexed and shall contain the recommendation of the Committee whether or not to pro-ceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is ad-vantageous both to the Town and to the territory proposed to be annexed, the Town Council of Millsboro may then pass a second Resolution annexing such territory to The Town of Millsboro. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the Com-mittee appointed by the mayor concludes that the pro-posed annexation is disadvantegeous either to the Town or to the territory proposed to be annexed, the procedure to be followed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or more property owners but less than all the property owners of a territory contiguous to the then limits and territory of The Town of Millsboro. (b) If five (5) or more property owners but less than all of the property owners of a territory contiguous to the then limits and territory of The Town of Millsboro by written Petition with the signature of each such Petitioner Chapter 457 1293 duly acknowledged shall request the Town Council to an-nex that certain territory in which they own property, the Mayor of The Town of Millsboro shall appoint a Commit-tee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Coun-cil shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the Town Council, by majority vote of the elected members thereof may, by resolution, propose that a com-mittee composed of not less than three (3) of the elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain ter-ritory contiguous to the then limits and territory of The Town of Millsboro. (c) Not later than ninety (90) days following its ap-pointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town Council of Millsboro. The report so submitted shall include the ad-vantages and disadvantages of the proposed annexation both to The Town of Millsboro and to the territory pro-posed to be annexed and shall contain the recommenda-tion of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second Resolu-tion shall then be passed by the Town Council proposed to the property owners and residents of both The Town of Millsboro and the territory proposed to be annexed that the town proposes to annex certain territory contiguous to its then limits and territory. In the event that the Committee ap-pointed by the Mayor concludes that the proposed annexa-tion is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiv-ing the report of the Committee, the Resolution proposing annexation to the property owners and residents of both the Town and the territory proposed to be annexed shall be pass- 294 Chapter 457 ed by the affirmative vote of two-thirds (2A) of the elected members of the Town Council. If the Resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one (1) year from the date that the Resolution fail-ed to receive the required affirmative vote. The second Resolution shall contain a description of the territory pro-posed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted by the Town Council setting forth the above information shall be printed in a newspaper having a general circulation in The Town of Millsboro at least one week prior to the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall be posted in four (4) public places both in The Town of Millsboro and in the territory proposed to be annexed. Following the public hearing, but in no event later than thirty (30) days thereinafter, a Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. Passage of this Resolution shall ipso facto be considered the determination of the Town Council to proceed with the matter of the proposed annexation. The notice of the time and place of the said Special Election shall be printed within thirty (30) days im-mediately preceding the date of this Special Election in at least two (2) issues of a newspaper having a general cir-culation in The Town of Millsboro, or, in the discretion of the Town Council, the said notice may be posted in four (4) public places, both in The Town of Millsboro and in the territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special Election. (0 At the Special Election, every property owner, whether an individual, partnership or a corporation both Chapter 457 1295 in The Town of Millsboro and in the territory proposed to be annexed shall have one (1) vote. Every citizen of either The Town of Millsboro or of the territory proposed to be annexed over the age of eighteen (18) years who is not a property owner shall have one (1) vote. In the case of pro-perty owned by husband and wife jointly, the husband and wife shall each have one-half (1/2) vote. In the event that a person owns property both in The Town of Millsboro and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in The Town of Millsboro and in the territory proposed to be annexed but does not reside in either place, he may vote only in The Town of Millsboro and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The Town of Millsboro in the case of property owners and citizens of the Town and the books and records of the Board of Assessment of Sussex County on the case of property owners and residents of the territory proposed to be annexed shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election. In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically authorizing the said individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed in the Office of the Town Manager of The Town of Millsboro. Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election. The Town Council of The Town of Millsboro, shall cause voting machines to be used in the Special Elec-tion, the form of ballot to be printed as follows: 1 For the proposed annexation 1 Against the proposed annexation 1296 Chapter 457 (i) The Mayor of The Town of Millsboro shall ap-point three (3) persons to act as a Board of Special Elec-tion, at least one (1) of whom shall own property in The Town of Millsboro and at least one (1) of whom shall own property in the property to be annexed. One (1) of the said persons so appointed shall be designated the Presiding Of-ficer. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The Board of Special Election shall have available, clearly marked, two (2) voting machines. All votes cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by those persons, partner-ships, or corporations who are authorized to vote as residents or property owners of The Town of Millsboro shall be accomplished on the other such voting machine. The polling place shall be open from one o'clock in the afternoon, prevailing time, until six o'clock in the evening, prevailing time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls. Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a Certificate under their Hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the same to the Town Council of The Town of Millsboro. Said Certificate shall be filed with the papers of the Town Council. In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town of Millsboro and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in Chapter 457 1297 an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for a period of at least one (I) year from the date of the said Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Millsboro shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, but in no event shall said recordation be completed more than nine-ty (90) days following the date of the said Special Election. The territory considered for annexation shall be considered to be a part of The Town of Millsboro from the time of recordation. The failure to record the description or the plot within the specified time shall not make the annexation in-valid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the favorable Special Election. (I) If the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books on the Board of Assessment of Sussex County, no election shall be necessary and the Town Council of The Town of Millsboro may proceed to annex such ter-ritory by receiving a certified copy of a Resolution requesting such annexation if such property is owned by a corporation or by a written Petition with the signature of each such Peti-tioner duly acknowledged, if such property is owned by a in-dividual, requesting the Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the Petition shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of The Town of Millsboro shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. Not later than nine-ty (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report con-taining its findings and conclusions to the Mayor and Town Council of Millsboro. The report so submitted shall include the advantages and disadvantages of the proposed annexa- 1298 Chapter 457 tion both to The Town of Millsboro and to the territory pro-posed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the pro-posed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Millsboro may then pass a second Resolution annexing such territory to The Town of Millsboro. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the committee appointed by the Mayor concludes that the pro-posed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected members of the Town Council. If the Resolution fails to receive the re-quired number of votes, no part of the territory proposed for annexation shall again be proposed for annexation for a period of one (1) year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the Town Council of The Town of Millsboro shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County, and in no event shall such recordation be completed more than ninety (90) days following the passage of the Resolution. The ter-ritory considered for annexation shall be considered to be a part of The Town of Millsboro from the time of recordation. The failure of the Town Council to record the description and plot within the time hereinbefore specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the passage of the Resolution. STRUCTURE OF GOVERNMENT Section 4. The government of The Town and the ex-ercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in the Town Coun-cil. The Town Council shall be composed of seven (7) members, each of whose terms shall be for a period of three Chapter 457 I 299- (3) years, commencing at the Annual Meeting of the Town Council following his election and continuing until his suc-cessor is duly elected and qualified. Six (6) members of the Town Council shall be nominated and elected from the several Districts in which they reside and one (1) member shall be nominated and elected from the Town at large. One of the members of the Town Council shall be elected Presi-dent of the Town Council and upon his election shall have the title of Mayor of The Town of Millsboro and shall per-form all duties prescribed herein to be performed by the Mayor of The Town of Millsboro. DISTRICT LIMITS Section 5. There are hereby created and established three (3) Representative Districts for The Town of Millsboro, as follows: (a) District One: The area located North of United States Route 113 and East of Main Street to the Town limits; (h) District Two: The area located North of United States Route 113 and West of Main Street to the Town limits; District Three: The area located South of United States Route 113 to the Town limits. QUALIFICATIONS FOR TOWN COUNCILMAN Section 6. The qualifications for Town Councilman at the time of his election shall be as follows: A bona fide resident of the United States and of the State of Delaware and a resident freeholder of The Town of Millsboro for at least one (1) year next preceding the Annual Municipal Election; and At least twenty-one (21) years of age; 1300 Chapter 457 (c) Each of the qualifications for Town Councilman shall be continuing qualifications to hold office and the failure of any of the Town Councilmen to have any of the qualifications required by this Section during his term of of-fice shall create a vacancy in the office. METHOD OF MAKING NOMINATIONS FOR TOWN COUNCILMAN Section 7. Each candidate for Town Councilman shall be nominated as follows: Each candidate shall notify the Town Manager in writing of his candidacy for the office of Town Councilman. All such notifications of candidacy must be filed in the Office of the Town Manager during the regular business hours of the Town on or before the close of business on the last Friday in the month of May; and thereupon it shall be the duty of the Town Manager to have a list of names of all candidates so filed with him printed in a newspaper of general circulation in the Town of Millsboro at least five (5) days prior to the date of the said Annual Municipal Election next ensuing; or, in the discretion of the Town Council, the Town Manager may post a list of names of all candidates designating the office sought by each candidate in at least five (5) public places in the Town, such public places to be designated by the Town Council. One of the said public places shall be in the Town Hall of the Town of Millsboro. In the event that the Town Manager is unable to act because of illness, absence, or for any other reason what-soever, the names of all candidates shall be filed with the Vice-President of the Town Council who shall thereupon perform the duties required of the Town Manager in Subsec-tion (b) of this Section. The Town Council shall make arrangements for voting machines to be placed in the polling place prior to the Chapter 457 1301 time set forth in this Charter for the beginning of the Annual Municipal Election. MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION Section 8. The procedure for holding the Annual Municipal Election shall be as follows: The Annual Municipal Election shall be held at a place designated by the Town Council within the corporate limits of The Town of Millsboro on the Second Saturday in June of each and every year from one o'clock in the after-noon, prevailing time, until six o'clock in the evening, prevailing time, the first said Annual Municipal Election to be held pursuant to this Charter to be held on the Second Saturday in June, A.D. 1977. At the Annual Municipal Election to be held on the Second Saturday in June, A.D. 1977, one (1) Councilman from the First District and one (1) Councilman from the Se-cond District shall be elected. Each of the Councilmen who are elected shall serve for a term of three (3) years, or until his successor has been duly elected and qualified. At the Annual Municipal Election to be held on the Second Saturday in June, A.D. 1978, one (1) Councilman shall be elected from the Second District, one (1) Coun-cilman from the Third District, and one (1) Councilman at large who may reside in any District. Each of the Coun-cilmen so elected shall serve for a period to three (3) years or until his successor has been duly elected and qualified. At the Annual Municipal Election to be held on the Second Saturday in June, A.D. 1979, there shall be elected from the First District one (1) Councilman and from the Third District one (1) Councilman, each of whom shall hold office for a period of three (3) years or until his successor is duly elected and qualified. 13t12 Chapter 457 Thereafter, at each Annual Municipal Election, there shall be elected two (2) Councilmen who shall serve for a term of three (3) years, or until their successors have been duly elected and qualified, except at the Annual Municipal Election in the year when the Councilman at large is to be elected, at which time there will be three (3) Councilmen elected. The members of the Commissioners of Millsboro who hold office at the time of passage of this Act shall con-tinue to hold office as members of the Town Council of the Town of Millsboro until their respective successors have been duly elected and qualified. The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector and two (2) Judges appointed by the Mayor of the Town of Millsboro with the concurrence of a majority of the members of the Town Council not later than the last regular meeting of the Town Council prior to the date of the Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, take reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the polling place at the time of holding said An-nual Municipal Election to elect from among their own number a person to fill each vacancy and such Board of Elec-tion caused by the absence of any member of the Board of Election. The Board of Election shall keep a list of all per-sons who voted at such Annual Municipal Election. At such Annual Muncipal Election every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election and who shall be a bona fide resident of the Town of Millsboro Chapter 457 1303 shall have one (I) vote, provided he or she is registered on the "Books of Registered Voters" of the Town of Millsboro. The Town Council of The Town of Millsboro shall provide two (2) registers to be known as the "Books of Registered Voters" which are to be kept at the office of the Town Manager. The Books of Registered Voters shall contain the following information for each registrant: The name of the registered voter arranged in alphabetical order, the address of the voter, the birth date of the voter, the date the registrant became a citizen of the United States, the date the registrant became a resident of The Town of Millsboro, and any other pertinent information. No person shall be registered upon the Books of Registered Voters unless he or she will have acquired the qualifications to vote in the An-nual Municipal Election for the year in which he or she registers. A person shall be required to register only one time; provided, however, that if a registered voter fails to vote in two (2) consecutive Annual Municipal Elections in which there is a contest, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by certified mail with return receipt requested advising the registered voter that his name has been removed from the Books of Registered Voters, and that it will be necessary to register again in order to be eligi-ble to vote in the Annual Municipal Election. The Books of Registered Voters shall be maintained in the office of the Town Manager and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the office of the Town Manager dur-ing the regular business hours of such office until the close of business of such office on the last Friday in May prior to the date of the Annual Municipal Election by completing such forms as may be provided by the Town. All votes offered at the Annual Municipal Election shall be offered in person. In the event that no person files or is nominated for office for which an election is to be held within the time set forth in Section 7 of this Charter, the incumbent shall be 1304 Chapter 457 deemed to be reelected for a full term and it shall not be necessary to have an election. (k) In the event that only one person files or who is nominated for office for which an election is to be held within the time set forth in Section 7 of this Charter, the per-son who files or is nominated shall be deemed to be elected for a full term and it shall not be necessary to have an elec-tion. ORGANIZATION AND ANNUAL MEETING OF COUNCIL Section 9. (a) Before entering upon the duties of their respective offices, the Councilman Elect shall be sworn by a Notary Public to perform faithfully and impartially the duties of their respective offices with fidelity. At eight o'clock in the evening, prevailing time, at the first regular meeting following the Annual Municipal Election, the Town Council shall meet at the Council Chamber and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity, as aforesaid. (b) At the annual meeting, held on the first regular meeting following the Annual Municipal Election, the Town Council shall organize and elect, by ballot, a President and a Vice-President, who shall hold office for the term of one (1) year or until his successor shall be duly elected. The person elected as President of the Town Council shall have the title of Mayor. The Town Council shall likewise select a Secretary from their own number to serve until the first regular meeting after the next Annual Municipal Election. The Town Council may also select an Assistant Secretary to serve, as aforesaid, who may or may not be from among their own number and such other officers and employees as may be determined to be necessary. REGULAR AND SPECIAL MEETINGS Section 10. The Town Council of The Town of Chapter 457 1305 Millsboro shall hold one (1) meeting in each month on the first Monday of the month. If the first Monday of the month shall be a legal holiday, the monthly meeting of the Town Council of The Town of Millsboro shall be held on the next succeeding regular business day. Special meetings shall be called by the Secretary upon the written request of the Mayor of The Town of Millsboro, or upon the written request of any two (2) members of The Town Council of The Town of Millsboro, stating the day, hour and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give writ-ten notice to the Mayor and to each member of the Town Council of the day, hour and place of such special meeting and the subject or subjects to be considered thereat. Such notice of the Secretary shall be deposited in the United States mail in the main Post Office of The Town of Millsboro at least forty-eight (48) hours before the time of said special meeting; provided, however, that a written waiver of such notice signed by the Mayor of The Town of Millsboro and by all members of the Town Council prior to or immediately upon convening of the said such special meeting shall make such written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in the waiver and the transaction of any business con-sidered at the meeting if the waiver so states. QUORUM Section 11. A majority of the members elected to The Town Council shall constitute a quorum at any regular or special meeting; but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by Ordinance. RULES AND MINUTES OF COUNCIL Section 12. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings and the yeas and nays shall be taken upon the passage of every ordinance and resolution and shall be 1306 Chapter 457 entered in the journal with the text of the ordinance or resolution. VACANCIES Section 13. If any vacancy shall occur in the office of Councilman by death, resignation, loss of residence in the District which the Councilman represents, loss of residents in the Town of Millsboro, refusal to serve, or otherwise, the same may be filled by a majority vote of the remaining members of the Town Council, the person or persons so chosen to fill such vacancy shall be qualified as in the case of newly elected members and shall hold office for the re-mainder of the unexpired term. DISQUALIFICATIONS Section 14. If any Councilman, during his term of office, shall be found guilty of any crime or misdemeanor and sentenced to imprisonment for any term whatever, or shall for any reason cease to be a resident of the District which he represents in the case of those members of Council elected from a particular District or shall for any reason cease to be a resident of the Town, he shall forthwith be dis-qualified to act as a member of Council and his office shall be deemed vacant and shall be filled by the Town Council, as aforesaid. CONTRACTS Section 15. (a) It shall be unlawful for the Town Council to make or enter into any contract in excess of Five Hundred Dollars ($500.00) for materials, supplies, services, work or labor, for the benefit and use of the Town of Millsboro with any member of the Town Council or with any partnership in which any member of the Town Council is a General Partner, or with any corporation in which any member of the Town Council is a Director or controlling stockholder or any firm or company which any member of Chapter 457 1307 the Town Council is pecuniarily interested, provided that if all the elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null and void. (b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder who submits a responsive bid; PROVIDED, HOWEVER, that competitive bidding shall not be required in any of the following circumstances: The aggregate amount involved is not more than Three Thousand Five Hundred Dollars ($3,500.00); The purchase or contract is for personal or profes-sional services; The purchase or contract is for any service rendered by a University, college or other educational institution; The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivi-sion; The purchase or contract is for property or services for which it is impracticable to obtain competition; The public exigency, as determined by the Town Council, will not permit the delay incident to advertising; The materials to be purchased are to be used to com-plete a project under the supervision of the Town Manager; The purchase or contract is for property or services for which the Town Council determines the prices received 1308 Chapter 457 after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in open competition; (9) A public emergency as determined by the Town Council exists. DUTIES OF THE MAYOR AND PRESIDENT OF COUNCIL Section 16. (a) The President of the Town Council shall preside at all meetings thereat, and shall vote on all matters brought before the Town Council for a vote. He shall appoint all committees, receive complaints or nuisances, and other complaints of citizens concerning viola-tions of law and ordinances. He shall present a report of complaints and nuisances and violations of law and or-dinances to the Town Council at the first regular meeting after receiving such complaints. He may require the Alder-man or the Assistant Alderman, as hereinafter provided for in this Act, to proceed upon such infractions or violations of law and ordinances immediately in the event that he deems such action to be required. The President of the Town Coun-cil shall perform such other duties and have such other powers as the Town Council shall determine not in conflict with the provisions of this Charter. The President of the Town Council, within thirty (30) days following his election, may appoint, by and with the advice and consent of a majority of the elected members of the Town Council, two (2) suitable persons who shall be qualified voters of The Town of Millsboro to act as Alder-man and Assistant Alderman. Both the Alderman and the Assistant Alderman shall hold office until each successor shall be duly appointed and chosen. The President of the Town Council may, for any reasonable cause, by and with the consent and upon the ad-dress of a majority of all the members of the Town Council, Chapter 457 I 309 remove from office any person appointed by him or any or his predecessors. The person against whom the Council may be about to proceed shall receive five (5) days' written notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair hearing, if such a request if received by the President of the Town Council by certified mail with return receipt requested within ten (10) days following the date that notice of removal is received by such person. The President of the Town Council may appoint such other committees as he deems necessary for the proper administration of The Town of Millsboro or the Council may, by resolution, authorize the President of the Town Council to appoint certain committees which are deemed necessary to carry out the provisions of this Act. It shall be the duty of the Vice-President of the Town Council, in the absence of the President, to preside at all meetings of the Town Council in the event of absence of the President and perform such other duties and to have such other powers of the President as are prescribed by the Charter of The Town of Millsboro or by any Ordinance of the Town Council. SECRETARY Section 17. (a) The Secretary shall have charge and custody of books, journals, records, papers and other effects of the Town and shall keep the same in a safe and secure place. He shall keep a full and complete record of all the transactions in The Town of Millsboro. He shall be a voting member of all committees and shall keep a record of the transactions and proceedings of the same, together with such other duties as may be prescribed by this Charter or by Or-dinance or rule of the Town Council of The Town of Millsboro. He shall file and keep in a safe place the seal of The Town of Millsboro and all papers and documents arising out of the proceedings of the Town Council of The Town of Millsboro relative to the affairs of the Town ch2. . .A. P.I.i tar; 1310 Chapter 457 the same to his successor in office. He shall attest the seal of The Town of Millsboro when authorized by the Town Coun-cil and shall perform such other duties and have such other powers as may be prescribed by Ordinance. All books, records and journals of The Town of Millsboro in the custody of the Secretary may, in the presence of the Mayor, Secretary, Assistant Secretary or any member of the Town Council of The Town of Millsboro, be inspected by any registered voter of the Town desiring legitimate information at any time, or times, as may be con-venient and will not interfere with the regular routine of the business of the Town. All books, records, papers and documents in the custody of the Secretary shall be open for inspection by members of the Town Council of The Town of Millsboro. Compensation, if any, of the Secretary for his duties, shall be determined by the Town Council. ASSISTANT SECRETARY Section 18. The duties and powers of the Secretary as hereinbefore prescribed shall devolve upon the Assistant Secretary in the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such other powers as may be prescribed by resolu-tion to the Town Council of the Town of Millsboro and shall receive such compensation as the Town Council by Resolu-don shall determine. ALDERMAN AND ASSISTANT ALDERMAN Section 19. (a) The Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person ap-pointed by the Mayor to serve as Alderman or Assistant Alderman shall be at least twenty-one (21) years of age, shall 7 Chapter 457 1311 be of good character and reputation and shall be a resident of the Town of Millsboro and shall not be a member of the Town Council of the Town of Millsboro. Any person ap-pointed by the Mayor to serve as Alderman or Assistant Alderman such be appointed for an indefinite term and any such appointment shall be confirmed by a majority of all members of the Town Council of the Town of Millsboro. Either the Alderman or Assistant Alderman may be removed form office at any time, with or without cause, by the af-firmative vote of two-thirds (2/3) of all the elected members of the Town Council of the Town of Millsboro. Before entering upon the duties of his office, the per-son appointed by the Mayor to serve as Alderman and the person appointed by the Mayor to serve as Assistant Alder-man shall be sworn or affirmed by the Mayor to perform the duties of his office honestly, faithfully and diligently and to uphold and enforce the Charter of the Town of Millsboro and Ordinances duly enacted by the Town Council of the Town of Millsboro and to carry into effect all orders of the Town Council of the Town of Millsboro made pursuant to any law of this state. The Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods the Assistant Alderman shall have all the powers and duties of the Alderman. The Town Council shall procure suitable records for the use of the Alderman and the Assistant Alderman. Such records shall be known as the "Alderman's Docket." The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the Alderman's Docket. The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of The Town of Millsboro so far as to arrest and hold for bail or fine and imprison offenders for any off-ense, penalty or forfeiture prescribed by the Charter of The Town of Millsboro and any Ordinance enacted there-under; of all neglects, omissions or defaults of any officer, 1312 Chapter 457 agent or employee of the Town; provided, however, that neither the Alderman nor the Assistant Alderman shall impose any fine in excess of Five Hundred Dollars ($500.00) nor imprison any offender for more than sixty (60) days, or both, except as otherwise provided in the Charter of The Town of Millsboro. The Alderman and the Assistant Alderman may, in addition to any other fine or term of imprisonment permitted to be assessed or im-posed, impose and collect such costs as are set by Ordin-ance or Resolution of the Town Council of The Town of Millsboro; provided, however, that no costs shall be imposed which is in excess of that which may be imposed by a Justice of the Peace for like service. (e) The Alderman and and the Assistant Alderman shall prepare and submit a monthly report to the Town Council reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer of the Town all such fines and penalties. (1) The Alderman and the Assistant Alderman shall receive such salary as may be fixed from time to time by Resolution of the Town Council. (g) If any Alderman or Assistant Alderman shall be removed from office as hereinbefore provided, he shall deliver to the Town Manager, within two days after his removal from office, all the books and papers belonging to his office, and to pay over to the Town Manager all moneys in his hands within five (5) days after receiving the notice of his removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alder-man or the Assistant Alderman, the Town Manager shall re-quire the auditor of the Town, appointed as hereinafter pro-vided, to make an audit of the books and papers of the of-ficial so removed from the office. Upon the neglect or failure to deliver all the books and papers to the Town Manager within the time specified by this Charter, or to pay over all of Chapter 457 1313 the moneys to the Town Manager within the time specified, the Alderman or Assistant Alderman, so removed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each day that he fails to deliver the books and papers to the Town Manager or to pay over all moneys to the Town Manager. TOWN MANAGER Section 20. (a) The Town Council of The Town of Millsboro may appoint a Town Manager who shall be the Chief Administrative Officer of the Town. The Town Council of The Town of Millsboro shall impose such qualifications for Town Manager as may be deemed necessary; provided, however, that no person holding the office of Town Councilman shall be chosen to be Town Manager during his term of office as Councilman. The Town Manager shall hold office of an indefinite term and may be removed by a majority vote of the Town Council of The Town of Millsboro. At least thirty (30) days before such removal shall be come effective, the Town Council shall, by a majority vote of all the elected members thereof, adopt a preliminary resolution stating the reasons for his removal. The Manager may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days not later than thirty (30) days after the filing of such request. After such public hearing, if one be re-quested, and after full consideration, the Town Council, by a majority vote of all the elected members thereof, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Town Manager from duty but shall in any case call to be paid him forthwith any unpaid balance of his salary and his salary for the next three calendar months following the adoption of the preliminary resolution. 1314 Chapter 457 (d) In case of the absence or disability of the Town Manager, the Town Council may designate some qualified person who may be an elected or appointed official of The Town of Millsboro to perform the duties of such office dur-ing his absence of disability. The compensation which the Town Manager shall receive for the performance of his duties shall be fixed by the Town Council of The Town of Millsboro. (e) The Town Manager shall be responsible to the Town Council of The Town of Millsboro for the proper ad-ministration of the affairs of the Town placed in his charge and to that end, he shall have the power to make such ap-pointment and to hire such employees at such compensations as the Town Council, by Resolution, shall determine, subject to such rules and regulations as may be adopted by the Town Council. All employees shall be hired for an indefinite term and may be removed by the Town Manager at any time unless otherwise provided by resolution of Council. He shall exercise his sole discretion in the appointment or hiring of any such employees. The Town Manager shall be the sole judge of the competence or incompetence of any such person so appointed or hired by him. The Town Council of the Town of Millsboro shall sit as a Board of Appeal for the pro-tection of Town employees at those times when the majority of all the Commissioners are agreed that a review of the ac-tion of the Town Manager would be in the best interests of the Town of Millsboro. The decision of the Town Council in such case shall be final and conclusive. (1) It is the intention of this Charter that, in the per-formance of his duties, and in the exercise of his powers, the Town Manager shall not be influenced by any matters what-soever of a political or fractional nature. It is the intention of this Charter that the Town Manager shall be guided solely by matters of expediency and efficiency in the administration of the affairs of the Town placed in his charge. Except for pur-poses of inquiry, the Town Council shall deal with that por-tion of the administrative service for which the Town Manager is responsible solely through the Town Manager. Chapter 457 1315 It shall be the duty of the Town Manager to super-vise the administration of the affairs of the Town under his charge and to make such reports to the Town Council as are required by the Town Council. He shall make such recom-mendations to the Town Council concerning the affairs of the Town as may seem to him desireable. He shall keep the Town Council advised of the financial condition and future needs of the Town. He shall prepare and submit to the Town Council the annual budget estimate. He shall render to the Town Council at the regular montly meeting of each and every month a true, accurate and detailed account of all the moneys collected or received by him in the performance of his duties and shall promptly turn the same over to the Town Council. In conjunction with the Mayor of The Town of Millsboro, he shall sign warrants pursuant to appropriations or resolutions theretofore made for the Town Council. He shall prepare and submit to the Town Council such reports that may be required by the Town Council. He shall perform such other duties as may be prescribed by this Charter or re-quired of him by Ordinance or Resolution of the Town Council. The Town Manager and such other officers of the Town as may be designated by vote of the Town Council shall be entitled to seats in the meetings of the Town Coun-cil, but shall not vote therein. The Town Manager shall have charge and supervi-sion of the streets, gutters, curbs, sidewalks, boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto. He shall have charge of and shall collect all taxes, assessment, rentals, license fees, or other charges due the Town. He shall have charge of the ad-ministration of all provisions of this Charter and Ordinances and Resolutions of the Town Council relating to the affairs of the Town when not otherwise provided for by this Charter or by any Ordinance or Resolution of the Town Council. He shall pay over to the Town Treasurer at least monthly, as hereinbefore provided, and oftener if required by the Town 4 1316 Chapter 457 Council, all moneys received or collected by him and by any employee under his supervision. (k) He shall keep a full and strict account of all moneys received and all disbursements made by him and such ac-counts shall, at all times, be open to inspection to the Town Council. (1) He shall give to The Town of Millsboro a bond, if re-quired by the Town Council, in such sum and in form with security satisfactory to the Town Council for the faithful performance of the duties of his office and the restoration to the Town of Millsboro, in case of his death, resignation, or removal from office all books, papers, vouchers, money and other property of whatever kind in his possession belonging to the Town. In the event of a vacancy in the office of the Town Manager for any reason or reasons whatsoever, the duly ap-pointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore reposed in his predecessor or predecessors in office in the same manner as though all acts, deeds and steps theretoforc taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said office had been taken or per-formed by the successor to such office. Upon the death, resignation, or removal from office of the Town Manager, the Town Council shall appoint some suitable person, who may be an elected or appointed official of The Town of Millsboro, to perform the duties of Town Manager; provided, however, such person shall not serve for a period exceeding ninety (90) days &oil the date of his ap-pointment. TOWN SOLICITOR Section 21. The Mayor of The Town of Millsboro with the advice and consent of a majority of the elected members of the Town Council, shall select and appoint a Chapter 457 1317 Town Solicitor for an indefinite term who shall be removable at the pleasure of the Town Council of The Town of Millsboro either with or without due cause stated. The Town Solicitor shall be a member in good standing of the Bar of the State of Delaware, with offices in Sussex County. It shall be his duty to give legal advice to the Town Council and other officers of the Town and to perform other legal ser-vices as may be required of him by the Town Council. BOARD OF HEALTH Section 22. (a) The Board of Health shall consist of four (4) members, one of whom shall be a practicing physi-cian. The Board shall be appointed by the Mayor of The Town of Millsboro with the advice and consent of a majority of the elected members of the Town Council at the annual meeting hereinbefore provided, and shall serve for one (1) year or until their successors are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of the people of the Town. The Board shall report to the Town Council in writing whatever is deemed by the Board to be injurious to the health of the people of the Town and shall make recommendations to the Town Council concerning whatever may contribute to the health and sanitation of the citizens of The Town of Millsboro. The Board shall organize by the election of a Chairman and Secretary within ten (10) days after notice of their appointment and shall keep a record of their pro-ceedings and acts. The Secretary shall be the executive of-ficer of the Board. The Secretary of the Board may be allowed a reasonable annual compensation for his services, which shall be determined by the Town Council and no other compensa-tion shall be paid to the Secretary for his services as such. The Secretary may or may not be a member of the Board of Health appointed by the Mayor, but he shall be a resident of The Town of Millsboro. The Board of Health shall have the power to recom- 1318 Chapter 457 mend the adoption of ordinances relating to the health of the population of the Town or to prevent the introduction or spread of infectious or contagious diseases or nuisances af-fecting the same and such ordinances, when adopted by the Town Council, shall extend te an area outside the Town limits for a distance of one (1) mile. POLICE FORCE Section 23. (a) The Town Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of the police force. The police force shall preserve peace and order and shall compel obedience within the Town limits to the Or-dinances of the Town and the laws of the State of Delaware. The police force shall have such other duties as the Town Council shall, from time to time, prescribe. The Chief of Police and the members of the police force shall be subject to the direction of the Town Manager acting in behalf of the Town Council. Each member of the police force shall have police powers similar to those of constables and shall be conser-vators of the peace throughout the Town of Millsboro, and they shall supress all acts of violence and enforce all laws relating to the safety of persons and property. They shall compel the enforcement of all laws enacted by the Town Council of The Town of Millsboro. In the case of a pursuit of an offender, the power and authority of the police force shall extend outside the territorial limitations of The Town of Millsboro. Every person sentenced to imprisonment by the Alderman or the Assistant Alderman or a Justice of the Peace, as the case may be, shall be delivered by a member of the police force to the correctional institution located in Sussex County to be there imprisoned for the term of his sentence. In the case of an arrest at any time when the Alder- Chapter 457 1319 man or the Assistant Alderman of The Town of Millsboro shall not be available or if no such Alderman or Assistant Alderman has been appointed, the person arrested may be taken before the nearest Justice of the Peace with officers in Sussex County who shall hear and determine the charge, and who, in such case, is vested with all the authority and powers granted by this Charter under the Alderman or the Assistant Alderman. In the case of an arrest at a time when the Alder-man or the Assistant Alderman or the Justice of the Peace shall not be available to hear and determine the charge, the person arrested may be delivered to the correctional institu-tion located in Sussex County for imprisonment until such reasonable time thereafter as shall enable the Alderman or Assistant Alderman or the Justice of the Peace to hear and determine the charge against such person. (e) It shall be the duty of the police force to suppress riotous, disorderly or turbulent assemblages of persons in the streets of the Town or the noisy conduct of any person in the same, and upon the view of the above or upon view of the violation of any Ordinances of the Town relating to peace and good order thereof, the police force shall have the right and power to arrest without warrant. ANNUAL AUDIT Section 24. At the annual meeting hereinbefore pro-vided, the Mayor, with the advice and consent of a majority of the elected members of the Town Council, shall appoint an accountant to be the auditor of accounts of The Town of Millsboro. It shall be the duty of the auditor to audit the ac-counts of the Town and all its officers whose duty involves the collection, custody and payment of moneys to the Town. The auditor shall audit the books of the Alderman and the Assistant Alderman of The Town of Millsboro the records of all fines, penalties, costs imposed or collected by him pur-suant to any judgment, order or decree made. The auditor shall on or before the expiration of ninety (90) days from the end of the fiscal year annually make and deliver a detailed report of any and all accounts, records, and books by them 1320 Chapter 457 examined and audited which report under his hand and seal shall be printed in a newspaper having a general circulation in the Town in the issue immediately preceding the annual report. The auditor, in the performance of his duties, shall have access to all records and accounts of the offices of the Town Council and he is hereby authorized and empowered to employ such clerks as in his judgment may be necessary in the proper performance of his duties. BOARD OF ASSESSMENT Section 25. (a) The Board of Assessment shall be appointed by the Mayor of The Town of Millsboro, with the advice and consent of a majority of the elected members of the Town Council for an indefinite term. The Board of Assessment shall consist of three (3) members, all of whom shall be over the age of twenty-one (21) years, bona fide residents of The Town of Millsboro and freeholders of the Town. They shall be sworn or affirmed by the Mayor of The Town of Millsboro or by a Notary Public to perform their duties with fidelity and without favor. It shall be their duty to make a fair and impartial assessment of property and persons subject to taxation situtate within the corporate limits of the Town and to perform such other duties and reference thereto as shall be prescribed from time to time by the Town Council of The Town of Millsboro. Compensation to be by them received for the performance of their duties in the hiring of employees to assist them in the performance of their duties shall be fixed by and subject to the approval of the Town Council of The Town of Millsboro. In making such assessment, the rules and exemptions now applicable by law to the making of the assessment for Sussex County of persons and property shall be applicable insofar as consistent with the provisions of this Charter. ASSESSMENT OF TAXES Chapter 457 1321 Section 26. The Board of Assessment shall, within ninety (90) days prior to the beginning of the next fiscal year, make a just, true and impartial annual valuation or assessment of all real estate and improvements located thereon located within The Town of Millsboro. All real estate shall be described with sufficient particularity to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown." A mistake in the name of the owner or owners or a wrong name or an assessment to "Owner Unknown" shall not affect the validity of the assessment of any municipal tax or assessment based thereon; Provided, however, the assessment shall specify the last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds, in and for Sussex County. The Board of Assess-ment shall also make a personal assessment of all male and female citizens of the Town above the age of Eighteen (18) years, whether an owner of real estate or not; said personal assessment shall be determined by the Town Cou-ncil and certified to the Board of Assessment. Said per-sonal assessment or per capita tax shall be in addition to the assessment levied on real estate owned or assessed by any person or persons whomsoever. The Board of Assessment, after making such annual assessment, shall, at least ninety (90) days prior to the end of the fiscal year, deliver to the Town Council of The Town of Millsboro a list containing the names of all persons assessed and the amount of assessment against each. They shall also deliver at such time as many copies of said list as the Town Council shall direct. The annual assessment shall distinguish the real and personal assessment of each person and shall also be ar-ranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate columns or spaces. In making this assessment, the Board shall make its valuation accordingly. I 31.' Chapter 457 The real property of the several members of the Board of Assessment shall be assessed by the Town Council of The Town of Millsboro. Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council of The Town of Millsboro shall cause a full and complete copy of the same, containing the amount assessed to each taxable to be hung in a public place in The Town of Millsboro and there it shall remain for a period of at least ten (10) days for the in-formation of and examination by all concerned. Appended thereto and also in five (5) or more public places in said Town shall be posted notices advertising to all concerned that, upon a certain day mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the annual assessment list and notices that, at the next regular meeting of the Town Council, the Town Council will hold a court of appeals at which time and place they shall hear appeals from the said annual assessment. The decision of the Town Council sitting as the Board of Appeals shall be final and conclusive and said Town Council shall revise and complete said assessment at this sitting. No member of the Town Council shall sit upon his own appeal but the same shall be heard and determined by the other councilmen. All the members of the Board of Assessment shall be present on the day fixed for hearing appeals and shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect to any assessment for which an appeal has been taken. The Town Council shall have the authority to enforce the attendance of the Board of Assessment by appropriate process. LEVY OF ANNUAL TAXES Section 27. (a) At the last regular meeting in the fiscal year, after having revised and completed the assess-men t , the Town Council shall determine, in its best judgment and knowledge, the total amount necessary to be raised by the Town to meet the fixed and anticipated expenses and Chapter 457 1323 obligations of the Town, including reasonable and ap-propriate reserves, for the then current fiscal year as set forth in the Town Budget for such year plus a reasonable amount to cover unanticipated expenses and emergencies. (b) The Town Council should then proceed to deter-mine, in its sole discretion, from which sources of the authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source. They shall then proceed to determine, assess, fix and/or levy as follows: The rate of tax on real estate including im - provements thereon per One Hundred Dollars ($100.00) of the assessed value; and/or The amount of personal or per capita tax upon each citizen of the Town over the age of eighteen (18) years; and/or The rate of tax upon all poles, construction, erec-tions, wires and appliances more particularly mentioned, or intended so to be in Section 30 of this Charter as amended; and/or The several license fees to be charged for carrying on or conducting of the several businesses, professions or oc-cupations more particularly mentioned or intended so to be in Section 30 of this Charter, as amended; and/or The several rates to be charged for furnishing water service, sewer service, electric service, gas service, front footage assessment; and/or The fees or rates to be charged in respect to any other authorized source of revenue sufficient to their judgment and estimation to realize the amount to be raised from each such source determined by them to be used as foresaid; 132.4 Chapter 457 PROVIDED, HOWEVER, that sources (4), (5) and (6) aforementioned may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and that any regular or special meeting of the Town Council as the Town Council, in its own proper discretion, shall determine. Immediately after the last regular meeting prior to the end of the fiscal year of each and every year, the Town Council shall make, or cause to be made, a full, true and cor-rect Annual Tax List showing the amount of tax levied against each taxable thereon from sources (1), (2) and (3) abovementioned. This list shall be known as the Annual Tax List of' The Town of Millsboro. In addition to the informa-tion contained in the assessment list, it shall also contain in-formation as to the rate of tax upon real estate for each One Hundred Dollars ($100.00) of assessed valuation thereof. The Town Council shall cause to be delivered to the Town Manager a duplicate of said Annual Tax List and the Town Manager shall immediately proceed to collect the same as hereinafter provided. Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee, assessment or other charge lawfully levied, assessed or due The Town of Millsboro under existing laws in reference to said Town and the same are hereby declared to be valid, bin-ding and vested in The Town of Millsboro created hereby. COLLECTION OF ANNUAL TAXES Section 28. (a) The Town Manager, as soon as the Town Council shall have placed in his hands a duplicate Annual Tax List, shall proceed at once to collect the taxes on said duplicate list. (b) All taxes so laid or imposed by The Town of Millsboro in such Annual Tax List shall be and constitute a Chapter 457 1325 lien upon all the real estate of the taxable for a period of ten (10) years against or upon whom such taxes are laid or im-posed, of which such taxable was seized or possessed at any time after such taxes shall have been levied and imposed that is situate within The Town of Millsboro. Such lien shall have preference and priority to all other liens on such real estate, as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and date prior to the time of the attaching of such lien of taxes. All taxes, when and as collected by the Town Manager, shall be paid to The Town of Millsboro, and all taxes shall be due and payable at and from the time of the delivery of the Annual Tax List to the Town Manager. All taxes shall be payable at the Town Office of The Town of Millsboro during the regular business hours of that office. In the collection of said taxes, there shall be an abatement of Five Percent (5%) on any taxes paid on or after the first day of the fiscal year next succeeding the delivery of the duplicate Annual Tax List to the Town Manager and prior to the expiration of ninety (90) days from the beginning of said fiscal year. On all taxes paid on or after the expira-tion of ninety (90) days next succeeding the delivery of the duplicate Annual Tax List to the Town Manager there shall be added interest at the rate of one-half of one percent (.5%) per month and an additional sum of one percent (1%) per month as a penalty for each month or fraction thereof such taxes shall remain unpaid and said penalty shall be collected in the same manner as the original -amount of the tax. The Town Council shall have the power to make just allowances for delinquencies in the collection of taxes. All taxes unpaid after the expiration of' ninety (90) days from the beginning of the fiscal year of The Town of' Millsboro shall be considered delinquent. In electing a collection of any delinquent tax the Town Council may impose a collection charge charge not to exceed eighteen percent (18%) of the amount of the tax and any interest or penalty imposed thereon. 1326 Chapter 457 At the annual meeting of the Town Council of each year, the Town Manager shall account to the Town Council for all taxes and sewer rentals collected by him during the year and shall be liable on his bond for failure to account for any uncollected taxes or sewer rentals unless he can show to the satisfaction of the Town Council that all remedies per-mitted for the collection of said taxes were pursued without result or, if not pursued the remedies would have been without avail. The Town Manager, when any tax has become delin-quent, may, in the name of The Town of Millsboro, institute suit before any Justice of the Peace or in the Court of Com-mon Pleas of the State of Delaware, in and for Sussex Coun-ty, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the unpaid tax in an action of debt, and upon judgment obtained, may sue out writs of execution as in case of other judgments recovered before a Justice of the Peace or in the Court of Common Pleas, or in the Superior Court as the case may be. However, should the Town Manager so elect, he is empowered to sell the lands and tenements of the delinquent taxpayer or the lands and tenements of a delinquent taxpayer alienated subsequent to the levy of the tax by the following procedure: (1) The Town Manager shall present in the name of The Town of Millsboro to the Superior Court of the State of Delaware, in and for Sussex County, a petition in which shall be stated: The name of the taxable; The year for which the tax was levied; The rate of tax; The total amount due; Chapter 457 1327 The date from which interest and the penalty for nonpayment shall commence and the rate of such interest and penalty and any collection charge permitted; A reasonable, precise description of the lands and tenements proposed to be sold; A statement that the bill of said tax has been mailed to the taxable at his last known post office address with return receipt requested by certified mail and postage prepaid; That it has been found impractical to attempt to col-lect the said tax by any other remedy hereinbefore provided. The petition shall be signed by the Town Manager and shall be verified before a Notary Public. A least ten (10) days prior to the filing of any such petition as described herein, the Town Manager shall deposit in the mail in a sealed and stamped envelope and addressed to the taxable at his last known address requiring a registered receipt returnable, an itemized statement of the tax due, together with all interest, penalties, collection charges, and costs then due thereon, together with a notice to the delin-quent taxpayer that he shall proceed to sell the lands and tenements of the taxpayer for the payment of the tax. The Town Manager shall exhibit the return registry receipt to the Court by filing the same with the petition; provided, however, that if the taxpayer cannot be found, it shall be suf-ficient for the Town Manager to file with said petition the evidence that such statement has been mailed in accordance with this Subsection and has been returned. Upon the filing of the petition, the Prothonary shall record the same in a property indexed record of the Superior Court, in and for Sussex County, and shall endorse upon the said record of said petition the following: "This petition, filed the of A,D, , and the Town Manager of The Town of 1328 Chapter 457 Millsboro is hereby authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the amount due." This endorsement shall be signed by the Prothonotary. Any sales of lands and tenements of a delinquent taxpayer shall be advertised in five (5) public places in The Town of Millsboro, one of said public places shall be the Town Office and by printing the notice of said sale at least one (1) time in a newspaper of general circulation in the Town. The notice shall contain the day, hour, place of sale and a short description of the premises sufficient to identify the same. The handbills shall be posted at least ten (10) days before the day fixed for the sale and the newspaper advertise-ment shall be published at least one |
| Date Digital | 2010 |
| CONTENTdm file name | 3090.cpd |
Description
| Title | Laws of the State of Delaware - Volume 60 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- EIGHTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A. D. 1975 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1976 PART II VOLUME LX |
| CONTENTdm file name | 70270.pdfpage |
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