CHARTER
[HISTORY: Adopted as 25 Del. Laws, Ch. 176; amended by 30 Del.
Laws, Ch. 117; 34 Del. Laws, Ch. 125; 44 Del. Laws, Ch. 51; 47 Del. Laws, Ch.
52; 48 Del. Laws, Ch. 43; 50 Del. Laws, Ch. 428; 53 Del. Laws, Ch. 244; 62 Del.
Laws, Ch. 240; 62 Del. Laws, Ch. 468; 63 Del. Laws, Ch. 65; 66 Del. Laws, Ch.
61; 68 Del. Laws, Ch. 3; 68 Del. Laws, Ch. 235; 69 Del. Laws, Ch. 416; readopted
during codification; see Ch. 1, General Provisions, Art. II.]
ARTICLE I
Incorporation
~ C101. Incorporation.
The municipal corporation of the State of Delaware now known as the
"The Town of Elsmere" and the inhabitants thereof within the corporate
limits as defined in Article I, ~ C102 of this Charter or subsequently altered
by annexation procedures, shall under the name of "The Town of
Elsmere," continue to be a municipal body politic in perpetuity.
~ C102. Boundaries.
A.
The boundaries of the Town of Elsmere shall continue as heretofore
existing under the Charter of "The Town of Elsmere" immediately prior
to the enactment of this Charter.
B.
The Council of the Town of Elsmere may at any time hereafter cause a
survey and plot to be made of said Town and said plot, when made and approved by
the Council, shall be recorded in the Office of the Recorder of Deeds in and for
New Castle County, State of Delaware, and the same or the record thereof, or a
duly certified copy of the said record shall be in evidence in all courts of law
and equity in this State.
~ C103. Annexation.
If and when a majority of the property owners in territory
contiguous to the Town of Elsmere shall sign a petition seeking to have the
areas in which said property owners reside annexed to the Town of Elsmere and
submit the petition together with a survey of the areas proposed for annexation
to the Council of the Town of Elsmere, said Council shall submit the question of
annexation to the voters of the Town of Elsmere. If a majority of said voters,
at a special election held for that purpose, shall vote in favor of the proposed
annexation, then said area as shown on said survey, shall become and be a part
of the Town of Elsmere. The annexed area shall become and be a part of the
district to which said area is contiguous. If the annexed area is contiguous to
more than one district, the annexed area shall become part of the district with
which it has the longest common boundary.
~ C104. Districts.
The Town of Elsmere shall be divided into six districts as follows:
A.
BEGINNING at a point of intersection of the center line of New Road with
the center line of DuPont Road; thence easterly along the center line of DuPont
Road to its intersection with Little Mill Creek and the southerly boundary line
of the Town of Elsmere; thence along the southerly, easterly and northerly
boundary lines of the Town of Elsmere to its intersection with the center line
of gray Avenue to its intersection with the center line of Pardee Avenue; thence
northwesterly along the center line of Pardee Avenue to its intersection with
the center line of Cleveland Avenue; thence southwesterly along the center line
of Cleveland Avenue to its intersection with the center line of DuPont Road;
thence southwesterly along the center line of DuPont Road to its intersection
with New Road and the point and place of BEGINNING.
B.
BEGINNING at the point of intersection of the center line of New Road
with the center line of DuPont Road; thence southeasterly along the center line
of DuPont Road to its intersection with Little Mill Creek; thence southwesterly
along Little Mill Creek and the southerly boundary line of the Town of Elsmere
to its intersection with the extension of the center line of Belmont Avenue;
thence northerly along the center line of Belmont Avenue to its intersection
with the center line of Maple Avenue West; thence northeasterly along the center
line of Maple Avenue West to its intersection with the extension of Birch
Avenue; thence northwesterly along the center line of Birch Avenue and its
extensions to its intersection with the center of New Road, thence northeasterly
along the center line of New Road to its intersection with the center line of
DuPont Road and the point and place of BEGINNING.
C.
BEGINNING at the point of intersection of the center line of New Road
with the extension of the center line of Birch Avenue; thence southeasterly
along the center line of Birch Avenue; thence southeasterly along the center
line of Birch Avenue and its extensions to its intersection with the center line
of Maple Avenue West; thence southwesterly along the center line of Maple Avenue
West to its intersection with the center line of Belmont Avenue; thence
southerly along the center line of Belmont and its extension to its intersection
with Little Mill Creek, thence northwesterly along Little Mill Creek; thence
southwesterly and northwesterly along Little Mill Creek; thence southwesterly
and northwesterly along Little Mill Creek and the southwesterly boundary line of
the Town of Elsmere to its intersection with the center line of Chestnut Run
(West Branch) to its intersection with the center line of Maple Avenue to its
intersection with the center line of Maple Avenue to its intersection with the
center line of Maple Avenue to its intersection with the center line of Sycamore
Avenue, approximately 320 feet to its intersection with the center feet the
Right of Way of the Baltimore and Ohio Railroad; thence northeasterly along the
center line of the Right of Way of the Baltimore and Ohio Railroad to its
intersection with the extension of the center line of Bungalow Avenue; thence
northeasterly along the center line of Bungalow Avenue and extension to the
intersection with the center line of Sycamore Avenue; thence northeasterly along
the center line of Sycamore Avenue to its intersection with Tamarack Avenue
thence northwesterly along the center line of Robert Kirkwood Highway; thence
northeasterly along the center line of Robert Kirkwood Highway and the center
line of New Road to Its intersection with the extension of the center line of
Birch Avenue and the point and place of BEGINNING.
D.
BEGINNING at the point of intersection of the center line of Robert
Kirkwood Highway and the center line of Tamarack Avenue extended; thence
southeasterly along the center line of Tamarack Avenue to its intersection with
the center line of Sycamore Avenue; thence southwesterly along the center line
of Sycamore Avenue to its intersection with the center line of Bungalow Avenue;
thence southeasterly along the center line of Bungalow Avenue and its extension
to its intersection with the center line of the Right of Way of the Baltimore
and Ohio Railroad; thence southwesterly along the center line of the Right of
Way of the Baltimore and Ohio Railroad to its intersection with Little Mill
Creek; thence northwesterly along Little Mill Creek and the southwesterly
boundary line of the Town of Elsmere to its intersection with the center line of
Chestnut Run (West Branch); thence northeasterly along the center line of
Chestnut Run (West Branch) to its intersection with the center line of Maple
Avenue to its intersection with the center line of Maple Avenue to its
intersection with the center line of Sycamore Avenue, approximately 320 feet to
its intersection with the center line of an alley; thence northeasterly along
the said alley to its intersection with the center line of Cypress Avenue;
thence northeasterly along the center line of Cypress Avenue; thence
northeasterly along the center line of Cypress Avenue approximately 40 feet to
its intersection with the extension of the center line of Beech Avenue and its
extension to its intersection with the center line of Robert Kirkwood Highway to
its intersection with the extension of the extension of the center line of
Tamarack Avenue and the point and place of BEGINNING.
E.
BEGINNING at the point of intersection of the center line of Robert
Kirkwood Highway with the center line of Beech Avenue Extended; thence
southwesterly along the center line of Beech Avenue and its extension to its
intersection with the center line of Cypress Avenue; thence southwesterly along
the center line of Cypress Avenue approximately 40 feet to its intersection with
the center line of an alley; thence southwesterly along the center line of the
alley to its intersection with the center line of Sycamore Avenue; thence
southwesterly along the center line of Sycamore Avenue to its intersection with
Maple Avenue; thence northwesterly along the center line of Chestnut Run (West
Branch) and the northwesterly boundary line of the Town of Elsmere; thence
northeasterly along the northerly to boundary line of the Town of Elsmere by its
various courses to a point opposite the point of intersection of Olga Road and
Sanders Road; thence leaving said boundary line southeasterly to the point of
intersection of Olga Road and Sanders Road; thence southerly along the center
line of Sanders Road to its intersection with the center line of Robert Kirkwood
Highway; thence southwesterly along the center line of Kirkwood Highway; to a
point of intersection with the center line of Beech Avenue Extended and the
point and place of BEGINNING.
F.
BEGINNING at the point of intersection of the center line of New Road and
the center line of DuPont Road; thence southwesterly along the center line of
New Road to its intersection with the center line of Sanders Road; thence
northerly along the center line of Sanders Road to its intersection with Olga
Road; thence northwesterly to a corner in the northerly boundary line of the
Town of Elsmere; thence northeasterly along the northerly boundary line of the
Town of Elsmere by its various courses and crossing the Philadelphia and Reading
Railroad and DuPont Road to its intersection with the center line of Gray
Avenue; thence southwesterly along the center line of Gray Avenue to its
intersection with the center line of Pardee Avenue; thence northwesterly along
the center line of Pardee Avenue to its intersection with the center line of
Cleveland Avenue; thence southwesterly along the center line of Cleveland Avenue
to its intersection with the center line of DuPont Road; thence southerly along
the center line of DuPont Road to its intersection with the center of New Road
and the point and place of BEGINNING.
ARTICLE II
Powers of the Town
~ C201. Powers of the Town.
A.
The Town of Elsmere shall have all the powers granted to municipal
corporations by the Constitution and general laws of the State of Delaware,
together with all the implied powers expressly granted. The Town of Elsmere
shall continue to enjoy all powers which have been granted to it by special Acts
of the General Assembly of the State of Delaware, except insofar as they may be
repealed by the enactment of this Charter. The Town of Elsmere as a body politic
and corporate shall succeed to, own or possess all property, whether real,
personal or mixed, and all rights, privileges, franchises, powers and immunities
now belonging to, possessed by or enjoyed by the former corporation, known as
"The Commissioners of Elsmere", without the necessity of any deeds or
instruments of conveyance or transfer.
B.
The Town of Elsmere may have and use a corporate seal, may sue and be
sued, may acquire property within or without its corporate limits by purchase,
gift, devise or lease for the purpose of providing sites for public buildings,
parks, sewer systems, sewage treatment plants, gas, telephone or electric
systems, water systems, water plants or other municipal purposes; and may sell,
lease, mortgage, hold, manage and control such property or utility as its
interests may require; and, except as prohibited by the Constitution or laws of
the State of Delaware or restricted by this Charter, the Town of Elsmere shall
and may exercise all municipal powers, functions, rights, privileges and
immunities of every name and nature whatsoever.
C.
In the event it is necessary to mortgage any property now acquired or
hereinafter acquired by the Town of Elsmere, the Town is given the power to give
a bond and warrant secured by a mortgage to any proposed mortgagee in an amount
not exceeding one million dollars ($1,000,000) and for a term not exceeding
twenty (20) years, without regard to the provisions of Article IV, ~ C406 of
this Charter.
D.
The enumeration of particular powers in this Charter shall not be held or
deemed to be exclusive, rather, in addition to the powers enumerated herein,
implied thereby, or appropriate to the exercise thereof, it is intended that the
Town of Elsmere shall have and may exercise all powers which, under the
Constitution of the State of Delaware, it would be competent for this Charter to
specifically enumerate. All the powers of the Town, whether express or implied,
shall be exercised in the manner prescribed by this Charter, or, if not
prescribed herein, then in a manner provided by ordinance or resolution of the
Council.
ARTICLE III
Structure of Government
~ C301. Composition of government.
A.
The government of the Town and the exercise of all powers conferred by
this Charter, except as otherwise provided herein, shall be vested in a Mayor
and a Town Council. The Mayor shall be elected at large by the qualified voters
of the Town. One member of the Town Council shall be erected by the qualified
voters of each district.
B.
The Mayor and Council under this Charter shall be first elected on the
last Saturday in June, 1955, to serve until their respective successors have
been elected and qualified. The next regular municipal election of Mayor and
Council after April of 1995 shall be held on the last Saturday in April of 1999,
and regular municipal elections of Mayor and Council shall be held on the last
Saturday in April every four years thereafter.
~ C301.1. The Mayor.
A.
The Mayor shall have been a resident of the Town for three years, and not
less than 30 years of age at the time of his election. He or she shall be
elected at large at the quadrennial Town election and shall serve for a term of
four years or until his or her successor shall be duly elected and qualified,
but the first Mayor elected under this Charter shall serve from the date of his
or her qualification until the qualification of his or her successor after the
election of April 1957. Before entering upon the duties of his office, shall be
sworn or affirmed by a Justice of the Peace, or by a notary public, to perform
the duties thereof honestly, faithfully and diligently.
B.
The conviction of the Mayor of any felony or of any misdemeanor relating
to the conduct of his office shall result in an automatic forfeiture of his
office, which shall thereupon be vacant.
~ C301.2. The Treasurer.
A.
The Treasurer shall be elected at large for the same term as the Mayor,
as provided in ~~ C301 and C301.1. The Treasurer shall have been a resident of
the Town for at least one year prior to his election.
B.
The Treasurer shall not pay out any money except upon check or warrant
countersigned by the Mayor and authorized by the Council. In case of the
temporary absence or inability to act of the Treasurer, the President Pro
Tempore shall be empowered to countersign checks. The Treasurer shall attend all
meetings of the Council.
C.
In the event that the office of Treasurer becomes vacant for any cause,
the vacancy shall be filled for the unexpired term by appointment by the Mayor
subject to confirmation by a majority of Council.
~ C302. Qualifications of Mayor and Council.
A.
Any qualified voter of the Town of Elsmere who has attained the age of
twenty-one years, in the case of Councilman, and thirty years, in the case of
Mayor, and who has not been convicted of a felony shall be eligible for the
office of Mayor or Councilman; provided that any person elected to Council must
at the time of his election reside in the district from which elected.
B.
Loss of residence in the Town or in the district from which elected, or a
conviction of a felony, or failure to attend three consecutive regular meetings
of Council without being excused by the Council, during the tenure of office
shall create a vacancy. In case of a vacancy for any cause, a special election,
conducted in the same manner as a regular election, except that the nominating
petitions shall not be filed later than 20 days before the date of the special
election, shall be held within 60 days after the occurrence of the vacancy, as
may be proclaimed by the Council; provided, however, that if the vacancy occurs
within 365 days of a regular election, the vacancy shall be filled by
appointment by the Mayor subject to confirmation by a majority of the Council.
~ C303. Compensation.
The Council shall determine the annual salary of the Mayor,
Councilman and Treasurer by ordinance, but no ordinance increasing such salary
shall become effective until the date of commencement of the terms of members of
the Council elected at the next regular election, provided that such election
follows the adoption of such ordinance by at least six (6) months. Members of
the Council shall receive reimbursement for actual and necessary expenses
incurred in traveling when on official business. The salary of the Mayor may
exceed that of Councilmen.
~ C304. Meetings of Council.
The Council of the Town of Elsmere shall take office on the Monday
following the regular municipal election, shall hold an organizational meeting
in the evening of the next Thursday at which the President Pro Tempore shall be
elected by the Council from among the members of the Council, and shall meet
regularly at least once a month thereafter. Special meetings may be called by
the Mayor and shall be called upon the written request of any three members of
the Council. At least two days' written notice of special meetings shall be
given to each Councilman, provided that if all the Councilmen shall sign a
waiver of notice of a particular special meeting, then the notice aforesaid
shall not be a prerequisite to the validity of such special meeting. All
meetings of the Council shall be open to the public.
~ C305. Mayor's relationship to Council.
A.
The Mayor shall be the executive of the Town. He shall preside at
meetings of the Council, but shall have no vote therein, except in case of ties.
He shall execute on behalf of the Town, when authorized by Council, all
agreements, contracts, bonds, deeds, leases, and other documents necessary to be
executed. Unless otherwise provided by ordinance or resolution, the Mayor shall
appoint all committees. He shall countersign all orders, checks or warrants
authorized by Council and drawn on the Treasurer for payment of money, and shall
have all and every power conferred and perform all duties imposed upon him by
this Charter and the ordinances of the Town.
B.
In case of the temporary absence or inability to act of the Mayor, the
President Pro Tempore, when lawfully acting as Mayor shall have all the powers
conferred upon the Mayor by this Charter.
C.
In the event that the Mayor becomes disqualified from holding office by
reason of resignation, death, removal from the Town, conviction of a felony, or
malfeasance in office, the President Pro Tempore shall succeed to the office of
the Mayor for the balance of the unexpired term. The succession of the President
Pro Tempore to the office of Mayor shall create a vacancy in the Council.
~ C306. Judge of the qualifications of members.
The Council shall be the judge of the election and qualification of
its members and for such purpose shall have power to subpoena witnesses and
require the production of records, and, in the event that special proceedings
may be necessary to determine or establish such qualifications, shall keep a
record of such proceedings, which record shall be subject to review by the
Superior Court of the State of Delaware in and for New Castle County.
~ C307. Rules of the procedure; record.
The Council shall determine its own rules of procedure and order of
business. It shall keep a record of its proceedings and the record shall be open
to public inspection. Elections for officers shall be by a majority vote of the
members elected to the Council and the results shall be entered on the record of
Council.
~ C308. Quorum and majority requirement.
A majority of the members elected to the Council shall constitute a
quorum to do business but a smaller 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. No ordinance shall be valid unless it shall
have the affirmative vote of the majority of the members elected to the Council.
Resolutions, orders and motions shall be valid upon the affirmative vote of a
majority of members of the Council present. No member shall be excused from
voting on ordinances, resolutions, orders or motions, except when such a vote
will constitute a conflict of interest.
~ C309. Organization changes by Council; vacancies.
A.
The enumeration of certain officials in the Charter to be appointed by
the Council is not to be construed as a limitation on the power of the Council
to create such new positions or offices as may be deemed essential to accomplish
the objectives of the Town's government or to provide for the selection of
suitable persons to fill any positions or offices.
B. All
vacancies in appointive offices shall be filled by the Mayor, with confirmation
by the consent of the majority of the whole Council, for the unexpired term.
ARTICLE IV
Powers of the Council
~ C401. General powers.
A.
The Council shall constitute the legislative body of the Town of Elsmere.
It shall have power to adopt ordinances relating to the health of the population
of the Town, or to prevent the introduction or spread of communicable diseases
or nuisances affecting the Town. The Council may also pass ordinances, to
ascertain and fix boundaries of streets, squares, lanes and alleys, or repair
and amend the same and provide for the paving thereof, to alter, extend or widen
any street, square, lane or alley, and to open and lay out new ones subject to
provisions in that behalf hereinafter contained; to regulate the ascent and
descent of all streets, lanes and alleys, and to fix the building lines on the
same; to direct the paving of footways and to prescribe the width thereof; to
direct the laying out of gutters and prescribe the depth thereof; to prescribe
the extent of porches, cellar doors and other inlets to yards and buildings; to
provide police and lighting of streets at the expense of the Town, and generally
to prescribe and regulate the streets, lanes and alleys of the Town and to have
and exercise control of the same, subject to the provisions in that behalf
hereinafter contained; to provide for the regulation of auctions and auctioneers
and public amusements; to provide for the safety of the citizens and for that
purpose to prescribe the heights and thickness of walls of buildings and the
mode of erecting same in said Town, and to prescribe rules and regulations
directed toward the prevention of fires and explosions, and make provisions for
the enforcement of said regulations; to adopt municipal zoning regulations; to
adopt traffic regulations, to regulate itinerant peddlers and canvassers within
the Town; to regulate the sale of goods, wares and merchandise on the streets
and sidewalks within the Town and fix the license fee thereof and to license the
conduct license fee which shall be reasonable in amount; to regulate signs and
bill boards and to provide for permits for the erection and maintenance thereof;
and to provide for the measuring or weighing of coal, lime, grain or other
matter sold in said Town. They shall have the power to lay and collect fines on
the owners of any horse, cow, dog or animal which may be found at large in any
of the streets, squares, lanes, alleys, aforesaid, and in general to have power
to do all those matters and things for the well-being of the Town and the
inhabitants thereof, which shall not be in the contravention of any existing
laws of this State or the Constitution thereof. Except as hereinafter provided,
the Council shall not have the power to exempt any individual from the operation
of any general ordinance or municipal regulation.
B.
The Council shall have all other powers requisite to and appropriate for
the government of the Town of Elsmere, its peace and order, its sanitation and
beauty, and for the health, safety, convenience, comfort and well-being of its
population, and for the protection and preservation of public and private
property.
~ C402. Ordinance procedure.
A.
When required. In addition to such acts of the Council as are required by
this Charter or by other State Law to be by ordinance, every act of the Council
establishing a fine or other penalty shall be by ordinance. The enacting clause
shall be "BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF ELSMERE AS
FOLLOWS":
B.
Enacting procedures. Every ordinance shall be introduced in writing. No
ordinance shall be passed unless it shall have the affirmative vote of a
majority of the members elected to the Council and shall have been considered at
two regular stated meetings. Vote on any ordinance shall be by voice vote and
shall be entered on the record of the Council.
~(C403. Power to raise revenue.)
A.
The Council shall have the power to levy and collect taxes on real
property within the limits of the Town, except that which is not assessable and
taxable by virtue of any law of the State of Delaware; provided that the amount
so collected shall not exceed one and one-half percent (11/2%) of the assessed
value of real estate within the Town in any one fiscal year clear of all
delinquencies and expenses of collection. The Council shall have the right to
grant and refuse, and to charge fees for, licenses or permits for traveling
shows and other businesses of any description within the limits of the Town. The
Council shall also have the power to collect franchise fees and to impose sewer
rental on sanitary sewers. (The Council must have at least five or six votes to
increase existing taxes, or to impose new taxes).
B.
The Council may, in its discretion, exempt from Town taxation any
manufacturing plant employing fifty or more employees hereafter established
within the Town of Elsmere or brought within the boundaries of the Town by
virtue of any annexation for a period of ten years from the time said plant is
established or brought within the boundaries of the Town of Elsmere.
C.
The Council may, by ordinance, exempt from Town taxation any and all
persons over the age of sixty-five (65) years subject to limitations on income
as by such ordinance will be provided.
D.
The Council shall have the power by ordinance to allow for discounts for
early payment of taxes, to impose reasonable penalties, interest and forfeitures
for tax delinquencies, and to review and determine proper and appropriate
properties to be exempt from taxation.
E.
The Council shall have the power to fix the rates for general utility
services operated by the Town and to collect and utilize revenues from such
utility services for the benefit of the Town.
~ C404. The Town may engage in business.
A.
Except as prohibited by the Constitution of the State of Delaware or by
this Charter, the Town of Elsmere shall have the right to engage in any business
or enterprise in which a person, firm or corporation may engage, and shall have
the right to purchase, own and maintain, within or without the corporate limits
of such Town, all real estate for municipal purposes for sites and rights-of-way
for public buildings, parks, sewer systems, sewerage treatment plants, water
systems, water plants, gas, electric or telephone systems, or other municipal
purposes, for the location, erection and maintenance thereon of public
facilities for the uses aforesaid.
B.
In any case where the Council may deem it to be in the best interests of
the people of the Town of Elsmere to acquire properties of any privately owned
sewer system, sewerage treatment plant, water system, water plants, gas,
electric or telephone systems used for municipal purposes within the present or
future boundaries of the Town, the question shall be submitted to a vote of the
residents of the Town of Elsmere. Council may at that time, call a special
election for such purposes upon thirty (30) days notice. In acquiring said
utility property, the Town of Elsmere shall in all respects adhere to the
general laws of the State of Delaware insofar as they relate to, the purchase of
utility properties heretofore described by municipalities. The Town Council
shall be authorized to negotiate the aforementioned purchase only upon the
approval of a two-thirds majority of the voters of the Town of Elsmere.
~ C405. Borrowing for current expenses.
A.
Whenever the needs of the Town shall require more money than is, at the
time, in the Town Treasury from current receipts, the Council shall be
authorized and empowered to anticipate current revenue by borrowing such amounts
as are needed; provided, however, that the amount of such indebtedness shall not
at any time exceed one percent of the assessed valuation of the assessable and
taxable real property within the limits of the Town.
B.
To exercise the power aforesaid, the Council shall adopt a resolution to
that effect. The indebtedness created under this provision shall be evidenced by
notes of the Town, and the faith and credit of the Town shall be deemed to be
pledged thereof. Such short term debt shall have a maturity of nine months or
less, and shall not be considered as part of the bonded debt of the Town when
limitations under the indebtedness, as set forth elsewhere in this Charter, are
computed.
~ C406. Power to incur bonded indebtedness.
A.
Power to borrow money. The Town of Elsmere may incur indebtedness by
issuing either general obligation bonds or certificates of indebtedness secured
by the full faith and credit of the Town of Elsmere, or revenue bonds, either in
whole or in part of the total amount necessary to provide funds for the
erection, extension, enlargement or repair of any plant, machinery, appliances
or equipment: for the furnishing of water to the public, for the construction,
repair, or improvement of highways, streets or lanes, or the paving, curbing or
erection of gutters along the same; for the construction or repair of sewers or
sewage disposal equipment; or to defray the cost of the share of the Town of
Elsmere in the cost of any permanent municipal improvement. If general
obligation bonds are issued, the total outstanding debt secured by such bonds
shall not exceed 3% of the aggregate assessed value of real property in the
Town.
( 1)
If revenue bonds are issued, each such bond shall recite in substance
that said bond, including interest thereon, is payable from the revenue pledged
to the payment thereof, and that said bond does not constitute a debt of the
Town of Elsmere within the meaning of the Bonded Indebtedness limitation. If
revenue bonds are issued, the Council shall prescribe and collect reasonable
rates, fees or charges for the service, facilities and accommodations of said
undertaking and shall revise such rates, fees or charges from time to time
whenever necessary so that such undertaking shall be and always remain
self-supporting. The rates, fees or charges prescribed shall be such as will
procure revenue at least sufficient:
(a)
To pay when due all bonds and interest thereon, for the payment of which
such revenue is or shall have been pledged, charged or otherwise encumbered,
including reserves therefor; and
(b)
To provide for all expenses of operation and maintenance of such
undertaking, including reserves therefor.
B.
Method of borrowing money. Before the Town of Elsmere may incur
indebtedness by the issuance of bonds as aforesaid, the borrowing of money shall
have been authorized by Council and shall have been approved in the following
manner:
(1)
The Council shall by resolution propose to the residents of the Town of
Elsmere the purpose or purposes for which the stated amount of money shall be
borrowed. The resolution shall state the amount of money desired to be borrowed,
the purpose for which it is desired, the manner of securing the same, and all
other pertinent facts relating to the loan, including data on total related debt
and the debt limitations established by this Charter; shall fix a time and place
for hearing on the resolution; and shall provide for publication of an
announcement of the hearing in a newspaper of general circulation in New Castle
County at least one week prior to the hearing date.
(2)
A public hearing shall be held at which time all interested persons
wishing to be heard shall be given an opportunity to express their views. Their
testimony shall be considered in evidence by the Council.
(3)
If Council desires to continue with the bond proceedings, it shall then,
by resolution, direct that the question be submitted to a referendum. An
election shall be held not less than 30 days nor more than 60 days after the
date of such resolution.
(4)
The Council shall cause notice of the time and place for holding the said
referendum to be printed in a newspaper of general circulation in New Castle
County once each week for three consecutive weeks prior to the referendum.
(5)
The Council shall cause to be prepared, printed and made available for
distribution a sufficient number of ballots not less than five days prior to the
day of the referendum. At said referendum only qualified voters of the Town of
Elsmere shall be entitled to vote. The Council shall, by resolution, make such
further regulations for the conduct of the referendum as it deems appropriate.
(6)
The officers of election shall count the vote for and against the
proposed loan and shall announce the result thereof; shall make a certificate
under their hands of the number of votes cast for and against the proposed loan;
and shall deliver the same to the Council, which certificates shall be entered
on the minutes of the Council, provided, however, that no bond issue shall be
deemed approved unless two-thirds of those voting on such referendum shall vote
in favor of such bond issue.
(7)
The form of the bonds and certificates of indebtedness, the date of
payment of interest, the classes, the dates of maturity, and the provisions
pertaining to the registration shall be determined by the Council. The bonds
shall be sold to the highest bidder after at least one month's notice published
at least twice in a newspaper of general circulation in New Castle County and at
least once in a publication carrying municipal bond notices and devoted
primarily to financial news. The Council shall provide in its budget for
revenues sufficient to pay the interest and principal on said bonds or
certificates of indebtedness at the maturity or maturities therefor. The faith
and credit of the Town of Elsmere shall be deemed pledged for the due payment of
the principal and interest of general obligation bonds issued within the
prescribed debt limitation when the same have been properly executed and
delivered for value.
~ C407. Acquisition of property.
The Town of Elsmere is hereby authorized and empowered whenever it
shall deem necessary and expedient for any municipal purpose to obtain and
acquire property either within the boundaries of said Town or outside said
boundaries and to obtain legal title to said property by appropriate
conveyances.
~ C408. Power of the Town of Elsmere over streets.
The Council shall have the power and authority to lay out, locate
and open new streets, to widen or to alter existing streets or parts thereof,
and to vacate and abandon streets or parts thereof whenever they shall deem it
for the best interests of the Town; provided, however, that this power shall not
be exercised with respect to property owned by the State of Delaware or any
agency thereof without the approval of the State or State agency. In the event
that condemnation of private property may be necessary in connection with the
aforementioned powers of the Town with respect to streets, the manner and
procedure thereof shall be as set forth in Title 10, Chapter 61, of the Delaware
Code of 1953, as amended.
~ C409. Sewer and water main improvements.
A.
The Council shall have the entire jurisdiction and control within the
limits of said Town of the drainage thereof, and the right to alter and change
the course and direction of any of the natural water courses, runs or rivulets
within the limits of said Town, and may pass ordinances for the construction of
water mains and the opening of gutters, drains and sewers within the limits of
said Town, and may pass ordinances for the construction of water mains and the
opening of gutters, drains and sewers within the limits thereof, and the
regulating and maintaining, cleansing, and keeping the same, and the natural
water courses, runs and rivulets within said limits of open, clean and
unobstructed, and for that purpose may authorize the entry upon private lands
and take, condemn and occupy the same in the same way and under the same rules
and procedure as hereinbefore provided in the cast of streets, etc., and by
general regulations prescribe the mode in which they shall be altered, changed,
opened, maintained, cleansed, and keep open and unobstructed, and shall bear the
expenses thereof, and may in its discretion assess the costs of sanitary sewers
upon the property particularly benefited thereby, including such real estate as
would be otherwise exempt from municipal assessment and taxation by virtue of
any law of the State of Delaware, anything to the contrary herein
notwithstanding, and prescribe the mode of collection thereof; provided,
however, that nothing herein contained shall be construed to authorize the
taking of private property for public use without just compensation.
B.
Whenever the Council of the Town of Elsmere shall determine, either on
petition by a majority in numbers or in interest of the property holders
abutting a proposed sanitary sewer construction, improvement, alteration, or
repair, or on its own initiative, that such construction, improvement,
alteration, or repair of sanitary sewers is required, it shall order the Town
Engineer to proceed in accordance with law to undertake work and surveys
necessary to make a report estimating the cost thereof and apportioning
assessments therefor. The Council shall then proceed as hereinbefore described
for street improvements. The Council may perform such construction, improvement,
alteration or repair by contract or municipal agency, provided that assessment
for the construction, improvement, alteration, repair and operation of sanitary
sewers shall be upon the property abutting upon that portion of the street in
which any sanitary sewer may be constructed under the provisions of this
Charter, including such real estate as would be otherwise exempt from county and
municipal assessment and taxation by virtue of any law of the State of Delaware,
anything to the contrary herein notwithstanding, and shall be based upon the
lineal foot of such property abutting on such street, each such lineal foot or
such assessed alike. In the case of property situated at the corner of two such
streets or otherwise so situated as to be assessed for the cost of building a
sanitary sewer in one of such streets, only the front of such property shall be
liable for such assessments. The Council on individual appeals, according to
rules established by them, shall in all cases decide what portion of the corner
property shall be considered frontage and what portion side frontage. Provided
that in all corner properties the side frontage, shall not exceed one hundred
and twenty-five (125) feet, and the side frontage thus determined shall be
exempt from payment of any sanitary sewer assessment unless the owner thereof
should, after the side frontage is fixed as aforesaid, decide to make such side
frontage the front of said property, in which case the owner shall pay such
additional assessment as the Council may determine. No property shall be
assessed for the cost of constructing the sanitary sewer and connecting the same
with the disposal plant, unless such property shall abut and be bounded by that
portion of the street in which a sanitary sewer has been built, or unless such
property has the right of access to such street, or desires to use such sanitary
sewer, and the sanitary sewer is constructed upon the street upon which the
property abuts, in either of which cases such property shall be liable for the
same assessment as though a sanitary sewer was constructed in the portion of the
street on which such property abuts and the property shall not be liable for any
further assessment for sanitary sewer purposes. Where any such assessments shall
be made upon any land for the cost of constructing a sanitary sewer and
connecting it with a disposal plant, the Council shall have the right to compel
the owner to connect any building or structure erected as may be prescribed by
the Council from time to time. The word streets shall be deemed and held to
comprehend and include highways, lanes and alleys.
~ C410. Sidewalks.
Whenever the Town of Elsmere shall have determined that any paving
of the sidewalks, or any or either or all of them shall be done, it shall notify
the owner or owners of land in front of whose premises that the same is to be
done, particularly designating the nature and character thereof, and thereupon
it shall be the duty of said owner or owners to cause such paving to be done in
conformity with said notice. In the event of any owner neglecting to comply with
said notice for the space of thirty days, the Council may proceed to have the
same done, and when done, the Treasurer of the Town of Elsmere shall, as soon as
convenient thereafter, present to the said owner or owners of such lands a bill
showing the expense of paving. If such owner or owners be not a resident in the
Town of Elsmere, such bill may be presented to the occupier or tenant of said
land, or if there be no occupier or tenant resident in the Town of Elsmere, such
bill may be sent by mail to such owner or owners directed to him or them at the
post office nearest his or their residence. If such bill be not paid by the
owner or owners of such lands within thirty days after the presentation, then it
shall be the duty of the Council to issue an order in the name of 'Town of
Elsmere' under the hand of the Mayor and the seal of said corporation directed
to the Treasurer of the Town of Elsmere commanding him to proceed to collect
said delinquent assessment as levied in accordance with the authority granted
under Article V, ~ C501B 'Collection of Taxes' of this Act. The claim for paving
shall be a lien on the premises in front of which said work was done except such
real estate as is exempt from county and municipal assessment and taxation by
virtue of any law of the State of Delaware, and shall have the same priority and
be collectable in the same manner as municipal property taxes. If any new paving
is ordered by the Council as aforesaid in front of lot or lots held or owned by
a widow or widows as and for her or their dower, such expense incurred as
aforesaid shall be paid by the owner or owners of the reversion in fee simple.
All subsequent repairs named in this Act are to be kept up at the expense of
such tenant in dower. Any notice required by this section to one co-owner shall
be notice to all; and, in case no owner shall reside in the Town, notice may be
served upon the occupier or tenant of said premises resident in the Town, and if
there be no such occupier or tenant, it shall be sufficient to send said notice
by mail to any owner of said premises directed to him or her at the post office
nearest his or her residence. The provisions hereinbefore contained in this
section shall apply to any order made by the Council in respect to any such
paving heretofore done, which the Council may deem insufficient or to need
repairing. The Council, in addition to the provisions of this section
hereinbefore, shall have power and authority to enforce by ordinance all the
requirements of this section by imposing such fines and penalties as shall be in
the judgement of the Council deemed necessary and proper.
~ C411. Paving of unpaved streets.
Upon written permission of eighty per cent of the property owners
on an unpaved or unopened street the Council may order the paving or opening of
that street. One-third of the cost shall be paid by the Town, and the remaining
two-thirds of the cost shall be paid by the property owners on the street to be
opened or paved, except such real estate as is exempt from county and municipal
assessment and taxation by virtue of any law of the State of Delaware. When the
paving is complete, the Treasurer of the Town of Elsmere shall, as soon as
convenient thereafter present to the said owner or owners of such lands a bill
showing the expense of paving. If such owner or owners are not a resident in The
Town of Elsmere, such bill may be presented to the occupier or tenant of such
land, or, if there be no occupier or resident in the Town of Elsmere, such bill
may be sent by mail to such owners or owners directed to him or them at the post
office nearest his or their residence. If such bill be not paid by the owner or
owners of such lands within thirty days after the presentation, then it shall be
the duty of the Council to issue an order in the name of 'Town of Elsmere' under
the hand of the Mayor and the seal of the said corporation, directed to the
Treasurer of the Town of Elsmere commanding him to proceed in accordance with
the authority granted under Article V, ~ C501B, 'Collection of Taxes' of this
Act. The claim for paving shall be a lien on the premises in front of which the
said work was done, except such real estate as is exempt from county and
municipal assessment and taxation by virtue of any law of the State of Delaware,
and shall have the same priority and be collectable in the same manner as
municipal property taxes. If any new paving is ordered by the Council as
aforesaid in front of lot or lots held or owned by a widow or widows as and for
her or their dower, such expense incurred as aforesaid shall be paid by the
owner or owners of the reversion in fee simple. All subsequent repairs named in
this Act are to be kept up at the expense of the Town of Elsmere. Property
owners shall not be assessed under this section for the repaving or repair of
streets now paved. Any notice required by this section to one co-owner, shall be
notice to all. In case no owner shall reside in the Town, notice may be served
upon the occupier or tenant of said premises resident in the Town; and, if there
be no such occupier or tenant, it shall be sufficient to send said notice by
mail to any owner of said premises, directed to him or her at the post office
nearest his or her residence. The provisions hereinbefore contained in this
section shall apply to any order made by the Council in respect to any such
paving heretofore done, which the Council may deem insufficient or to need
repairing. The Council, in addition to the provisions of this section
hereinbefore shall have power and authority to enforce by ordinance all the
requirements of this section by imposing such fines and penalties as shall be in
the judgement of the Council deemed necessary and proper.
~ C412. New developments and subdivisions.
The Council may, by ordinance, adopt land use and development
regulations, including, but not limited to zoning and subdivision regulations.
ARTICLE V
Property and Special Assessments
~ C501. Property assessments.
A.
Property assessment procedure.
(1)
There annually shall be made a true, just and impartial valuation and
assessment of all real estate within the Town, except such real estate as is
exempt from municipal assessment and taxation by virtue of any state law or
provisions of this Charter, and also of such personal property as is subject to
county assessment and taxation; provided, however, that in no event shall
household furnishings, bank accounts, stocks, bonds, or automobiles be assessed
or taxed.
(2)
In addition to the annual assessment provided herein, the Finance
Director may, at the option of the Council, provide quarterly supplemental
assessment rolls for the purpose of:
(
a) Adding
property not included on the last assessment, or
(b)
Increasing or decreasing the assessment value of property which was
included on the last assessment. The supplemental assessment roll may be used to
correct errors on prior assessment rolls.
(3)