CHAPTER 215
FORMERLY
SENATE BILL NO. 293
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO RE-INCORPORATE THE CITY OF HARRINGTON.
WHEREAS, it is deemed advisable that the Charter of the City of Harrington as set forth in Chapter 167, Volume 40, Laws of Delaware, with subsequent amendments, be consolidated into one complete Act and in certain respects be further 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):
CITY OF HARRINGTON CHARTER
SECTION 1. BOUNDARIES
The boundaries of the City of Harrington are hereby established and declared to be as follows:
BEGINNING at a concrete monument located on the westerly right-of-way line of the south bound lane of U.S. Rt. #13, which monument is 55.85 feet south of utility pole no. DST 608, and 91.81 feet north of utility pole no. DST 609, and 76.20 feet from the corner of a storm water catch basin located in the median of U.S. Rt. #13.
THENCE running from said beginning point north eighty-four (84) degrees west a distance of four thousand nine hundred twenty-two and ninety hundredths feet (4922.90) to a concrete monument; thence running north six (6) degrees east a distance of five thousand two hundred eighty feet (5280) to a concrete monument, thence running south eighty-four (84) degrees east a distance of five thousand eight hundred fifteen and fourteen hundredths feet (5815.14) to a concrete monument on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and running with westerly right-of-way line of the south bound lane of U.S. Route #13 in a southerly direction, a distance of 2700 feet, more or less thence turning and crossing the south bound lane of U.S. Route #13, and following the northerly boundary of parcel number 14 in the median of U.S. Rt. #13, thence turning in a northerly direction and following the westerly boundary of parcel number 18, thence turning and following the northerly boundary of parcel 18, and crossing the northbound lane of U.S. Rt. #13, thence turning and following the easterly right-of-way line of the northbound lane of U.S. Rt. #13, in a southerly direction, to the northerly right-of-way line of Porter Street, thence, along the aforesaid northerly right-of-way line of Porter Street, in an easterly direction, five hundred seventy feet, more or less, (570) to the westerly property line of the City of Harrington Sewage Treatment Plant Site, thence turning and running in a northerly direction with the lands now or formerly of Jacob Camper, to a pipe set in the line of lands now or formerly of Camper at a corner for lands now or formerly of Hitchens, which point bears South twenty-five degrees (25) 15 minutes west a distance of three hundred twenty-five (325) from the southerly right-of-way line of Delaware Rt. NI4, thence turning and running with the lands of Hitchens, lands of Patman, and with lands of Breeding a distance of three hundred sixty-three feet (363) more or less, to a pipe set at a corner for lands of Breeding and lands of Ken Meredith; thence, turning and running North fifty-seven degrees (57) East a distance of two hundred eighty-five feet (285), more or less, to an iron pipe at the head of a small ditch, thence, turning and running North fifteen degrees (15) thirty minutes East a distance of one hundred forty-one feet (141) to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with the southerly right-of-way line of Delaware Rt. #14 South seventy-four degrees (74) thirty minutes East a distance of three hundred seventy-seven feet (377), thence turning and running South fifteen degrees (15) thirty minutes West a distance of two hundred feet (200), thence turning and running South seventy-four degrees (74) thirty minutes East three hundred fifty feet (350) at an iron hub at the base of a plum tree, thence turning and running North fifteen degrees (15) thirty minutes East a distance of two hundred feet (200) to the southerly right-of-way line of Delaware Rt. #14, thence turning and running with said right-of-way line South seventy-five (75) degrees East to a point on the line of the lands now or formerly of Cook Creadick;
THENCE, turning and running South seven (7) degrees fifteen minutes West a distance of nine hundred sixty feet (960) passing over an old stake set on the bank of Brown's Branch Ditch, and continuing to the center line of said ditch, thence running in a westerly direction with the center of Brown's Branch Ditch to a corner point for lands now or formerly of Albert Thistlewood, (said corner-points bears North ten degrees, fourteen minutes one second East, four and twenty-four hundredths (4.24) feet from a concrete monument on the southerly bank of said ditch), thence turning and running South ten degrees fourteen minutes one second West, a distance of one thousand nine hundred sixty-six and forty hundredths feet (1966.40) passing over the aforementioned concrete monument on the southerly bank of Brown's Branch Ditch, to a concrete monument on the northerly right-of-way line of the 60 foot right-of-way of the D.M. dc V. Railroad, thence turning and running along said right-of-way of the D.M. dc V. Railroad North eighty-two degrees twenty-two minutes, thirty seconds West one thousand four hundred seventeen and sixteen hundredths feet (1417.16) to a point of curvature; thence, continuing along the aforementioned railroad right-of-way line on a 2834.79 feet radius curve, the chord of which bears North seventy-six degrees, twenty four minutes thirty seconds West a distance of five hundred eighty-nine and thirty five hundredths feet (589.35), an arc distance of five hundred ninety and forty-two hundredths feet (590.42), to a concrete monument on the easterly right-of-way line of the Northbound lane of U.S. Rt. #13, thence turning and running with the said right-of-way line of U.S. Rt. #13 north, sixteen degrees fifteen minutes fifty-two seconds East a distance of eight hundred forty-three and two hundredths feet (843.02), to a point of curvature; thence continuing with the aforementioned right-of-way line of U.S. Rt. #13 along a 5673.58 foot radius curve, the chord of which bears north nineteen degrees twenty-five minutes twenty-two seconds East a distance of six hundred twenty-five and ninety-eight hundredths feet (625.98), an arc distance of six hundred twenty-six and thirty hundredths feet (626.30) to a point, thence turning and crossing the north bound and south bound lanes of U.S. Rt. t13 North seventy-three degrees twenty-five minutes fifty-seven seconds West to a point on the westerly right-of-way line of the southbound lane of U.S. Rt. #13, thence turning and following the westerly right-of-way line of the south bound lane of U.S. Rt. #13, in a southerly direction, a distance of six hundred feet (600), more or less, to the point of beginning.
SECTION I-A EXTENDING BOUNDARIES
A. The City shall have the power and authority to extend Its boundaries by the annexation of territory contiguous to its then existing city limits. Such annexation shall be approved in the manner as provided for in Title 22 of the Revised Code of Delaware, 1974, as amended, Section 101 and any amendments thereto.
B. In addition to those procedures as provided for in Title 22 of the Revised Code of Delaware, 1974, as amended, Section 101 and any amendments thereto, the following procedures shall apply:
(1) Resolution by Council
Council shall be resolution adopted by a majority of Council specify the area to be annexed, the purpose of the annexation, and the date, time, and place of said election.
(2) Notice
Notice of said election for annexation should be published in a newspaper having a general circulation in the area to be annexed at least five days prior to the election. The notice shall contain the description of the area to be annexed, time, place, and date of the election, and the eligibility of those who are entitled to vote. In addition to the publication the notice shall be posted in three different public places within the limits of the City and the area to be annexed.
(3) Voter Eligibility
All persons, partnerships, corporations or associations who are qualified voters or own real estate in the area to be annexed shall be entitled to one vote each. Any partnership, corporation, or association shall be entitled to one vote provided that there is present at the time of voting a resolution approved by the partnership, corporation, or association granting the authority to vote to that individual who shall cast the vote on behalf of the partnership, corporation, or association. For the purpose of this subsection "qualified voter" shall mean inhabitants of the area to he annexed and who are registered and qualified to vote according to the voter registration lists of the State Department of Elections.
(4) Casting of Vote
Voting shall be by secret paper ballot or by voting machine. Every ballot or voting machine shall be designed to reflect "For" and "Against". "For" shall mean a vote in favor of annexation. "Against" shall mean a vote not in favor of annexation. A majority of votes cast shall determine the result of the election. Upon the close of the voting, the results shall be publicly announced by the election officer. After public announcement of the votes cast, the total votes cast "For" and the total votes cast "Against" shall be certified to by the election official and presented to the City Council at its next regular meeting. The City Council at this regular meeting shall approve the votes as certified.
(5) Election Officials
The election shall be held and regulated by the election officials of the district embracing the territory to be annexed.
(5) Resolution of annexation If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council shall thereupon adopt a resolution annexing the said territory and including same within the limits of the City of Harrington. Upon adoption of a resolution of annexation, a copy thereof, certified by the Clerk of Council, and a plot of the area annexed shall forthwith be filed for record with the Recorder of Deeds of Kent County, and the area annexed shall for all purposes thenceforth be part of the City of Harrington.
If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion of that territory within the limits of the City of Harrington, the proposed annexation of said territory shall be declared to have failed. Nothing In this act shall prohibit Council from resubmitting a proposal for annexation to the voters of said territory, or portion thereof, under the authority of this section and in accordance with the provisions thereof.
(7) Annexing City Owned Property
Notwithstanding any provisions being to the contrary the City by resolution of Council may extend Its corporate boundaries without an election, provided, that the said territory to be annexed is owned entirely by the City.
(8) Contest
Any election under the provision may he contested as provided by law.
SECTION 2. MUNICIPAL POWER
The enumeration of particular powers by this chapter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that the City of Harrington shall have, and may exercise, all powers which under the Constitution and Laws of the State of Delaware, it would be competent for the City to exercise though they are apecifically enumerated In this Charter. All powers of the City, whether expressed or implied, shall be exercised in the manner prescribed herein, or, if not prescribed herein then In the manner provided by ordinance or resolution of the Council.
SECTION 3. GOVERNING BODY
The government of the said City and the exercise of all the powers conferred by this Charter (except as otherwise provided herein) shall be vested in a Mayor and Council.
SECTION 4 . ELECTION DISTRICTS
The Council shall be the legislative body of the City composed of at least six (6) members nominated and elected as herein provided.
In order that the members of Council shall be distributed over the City, the City shall be presently divided Into six (6) representative districts and one of said members of Council shall be a resident of each district.
The six election districts shall be as follows:
FIRST ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of East Street and the Southerly City Limits, North along the centerline of East Street to the centerline of Thorpe Street, then West along the centerline of Thorpe Street to the centerline of Ward Street, then North along the centerline of Ward Street to the centerline of Clark Street, then East along the centerline of Clark Street to the centerline of Thomas Street, then North along the centerline of Thomas Street to the centerline of Liberty Street, then East along the centerline of Liberty Street to the centerline of Dixon Street, then North along the centerline of Dixon Street to the centerline of Shaw Avenue, then East along the centerline of Shaw Avenue to the Easterly City Limits, then South along the Easterly City Limits of Liberty Street, then East following the City Limits to the West side of the northbound lane of U.S. # 13, than south along the City Limits to State Route #14, then East following the meanderings of the City Limits to its juncture with the Easterly City Limits, then South along the Easterly City Limits to its juncture with the Southerly City Limits, then West following the meanderings of the Southerly City Limits, to its juncture with the centerline of East Street, which is the point of beginning.
SECOND ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Harrington Avenue and the centerline of Liberty Street, North along the centerline of Harrington Avenue to the centerline of Carrow Street, then East along the centerline of Carrow Street to the centerline of Second Avenue, then North along the centerline of Second Avenue to the Northerly City Limits, then East along the Northerly City Limits to its juncture with the Easterly City Limits, then South along the Easterly City Limits to the centerline of Shaw Avenue, then west along the centerline of Shaw Avenue to the centerline of Dixon Street then South along the centerline of Dixon Street to the centerline of Liberty Street, then West along the centerline of Library Street to the centerline of Harrington Avenue, which is the point of beginning.
THIRD ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the juncture of the Westerly City Limits and the Southerly City Limits, North along the Westerly City Limits to the centerline of County Road #275, then Southeast along the centerline of County Road #275 to the centerline of Center Street and West Street, then South along the centerline of Center Street and West Street, then South along the centerline of West Street to the centerline of High Street, then East along the centerline of High Street to the centerline of Short Street, then South along the centerline of Short Street to the centerline of Mispillion Street, then East along the centerline of Mispillion Street to the centerline of Commerce Street. Then South along the centerline of Commerce Street to the centerline of Reese Avenue and County Road #314. Then South along the centerline of County Road #314 to the Southerly City Limits, then West along the Southerly City Limits to its Juncture with the Westerly City Limits, which Is the point of beginning.
FOURTH ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Liberty Street and West Street, North along the centerline of West Street to the centerline of Center Street and County Road #275, then Northwest along the centerline of County Road #275 to the Westerly City Limits, then North along the Westerly City Limits to its juncture with the Northerly City Limits, then East along the Northerly City Limits to the centerline of Second Avenue, then South along the centerline of Second Avenue to the centerline of Carrow Street, then West along the centerline of Carrow Street to the centerline of Harrington Avenue, then South along the centerline of Harrington Avenue to the centerline of Liberty Street, then West along the centerline of Liberty Street to the centerline of West Street, which is the point of beginning.
FIFTH ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of Mechanic Street and the centerline of West Street, then North along the centerline of West Street to the centerline of Liberty Street, then East along the centerline of Liberty Street to the centerline of Thomas Street, then South along the centerline of Thomas Street to the centerline of Clark Street, then West along the centerline of Clark Street to the centerline of Commerce Street and Fleming Street, then West and North along the centerline of Fleming Street to the centerline of Mechanic Street, then West along the centerline of Mechanic Street to the centerline of West Street, which is the point of beginning.
SIXTH ELECTION DISTRICT. All the territory within the City Limits contained within the following boundaries: Starting at a point at the centerline of East Street and the Southerly City Limits, West along the Southerly City Limits to the centerline of County Road #314, then North along the centerline of County Road #314 to the Juncture of the centerlines of West Street, Reese Avenue, County Road #3I4 and Commerce Street, then North along the centerline of Commerce Street to the centerline of Mispillion Street, then West along the centerline of Short Street, then North along the centerline of Short Street to the centerline of High Street, then West along the centerline of High Street to the centerline of West Street, then North along the centerline of West Street to the centerline of Mechanic Street, then East along the centerline of Mechanic Street to the centerline of Fleming Street, then South and East along the centerline of Fleming Street to the centerline of Commerce Street and Clark Street, then East along the centerline of Clark Street to the centerline of Ward Street, then South along the centerline of Ward Street to the centerline of Thorpe Street, then East along the centerline of Thorpe Street to the centerline of East Street, then South along the centerline of East Street to the Southerly City Limits, which is the point of beginning.
The City Council may provide for additional districts and/or rearrange the boundaries of the existing districts as provided herein in the event of annexation or reappoirtionment, but in no event shall there be less than six districts.
In the event additional districts) are created there shall be created a vacancy in the office of Councilman for the additional distriet(s) and Council shall fill such vacancies as herein provided.
For the purpose of carrying into effect the provisions of this Charter the members of Council now serving shall continue to serve as Councilman for their respective districts ns herein provided for their completed term for which they were elected.
SECTION 5. MUNICIPAL ELECTIONS
(A) An annual municipal election shall be hold on the second Tuesday of January of each year which shall be known as the Regular Municipal Election for the purpose of electing members of Council or Mayor or both as the case may be to fill expired terms. Al] other elections that may be held shall be known as Special Municipal Elecions.
A member of Council shall be elected for respective election districts) by the qualified voters of the City, as defined in Section 7 of this Charter and residing in the respective election district, to serve a term of three (3) years.
A Mayor shall be elected by the qualified voters of the City, as defined in Section 7 of this Charter of the several election districts, to serve a term of two (2) years.
Subject to the restrictions of subsection (B) below any qualified voter as defined in Section 7 of this Charter and who shall have filed a nominating petition as herein provided in Section 6 of this Charter, shall he eligible to run for the office of Mayor of Councilman, as the case may be.
(B) No person shall hold the office of Mayor for four (4) successive terms of office under this Charter. No person shall hold the office of Councilman for three (3) successive terms of office under this Charter.
SECTION 6. NOMINATING PETITIONS
The mode of nomination of candidates for the Council and for the Mayor shall be by petition signed by not less than ten or more than twenty-five electors of the City, and filed with the Clerk of Council, in the City Hall on or before 4a0 p.m. local time of the last Friday of December preceding the next municipal election. Should the last Friday of December fall on a legal holiday, the filing date shall be 4:00 p.m. local time on the next working day thereafter.
Whenever a petition nominating a person for the office of Mayor or of Councilman shall have been filed as above described, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the office for which the person was nominated; provided, the person possesses the qualifications prescribed by this Charter for a candidate of such office.
No nominating petition shall designate more than one person to be voted as a member for Council or Mayor.
The signers of a nominating petition for a member of the Council must be electors of the City residing in the same election district in which the nominee resides; but the signers to the nominating petition for the Mayor may be electors residing in the City at large.
There mist be attached to each nominating petition an affidavit of the nominee thereof, stating the number of signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be, and that all of the said signers are entitled to vote at the regular municipal election referred to.
And, in the case of petition nominating a candidate for Councilman, that the nominee of the petition verily believes that each signer of said petition is a resident of the same election district in which the nominee resides.
With each signature there shall be stated the place of residence of the signer, giving street and number or other description sufficient to identify the same. The form of the nominating petition shall be substantially as follows.
"We, the undersigned, electors of the City of Harrington, nominate (name of nominee) who resides in the (number ) Election District of the said City of Ilarrington, for the office of (Councilman, or for the office of Mayor as the case may be) to be voted for at the regular municipal election to be held in the City, on the day of in the year ; and we individually certify that we are qualified to vote for the candidate for the office named, and that we have not signed any other nominating petition for that office, and that our places of residence are truly stated after our signatures.
Name Street and Number
(Space for signatures)
STATE OF DELAWARE )
)SS
KENT COUNTY
(Nominee name) being duly sworn (or affirmed) deposes and says that he and that the signatures appended thereto were made in his presence, and arc the signatures of the person whose names they purport to be, and he verily believes the residences of each signer thereof to be truly stated, and that all of said signers are entitled to vote at the regular municipal election referred to in said paper
(SIGNED)
Subscribed and sworn to (or affirmed) before me this day of Justice of the Peace (or Notary
Public.)".
SECTION 7 . CONDUCTING MUNICIPAL ELECTIONS
(a) The regular municipal election shall be held on the Second Tuesday of January of each year. At each such election the polls shall be opened at 12:00 noon and closed at 7:00 p.m., local time. The Council shall designate the place of election and make all necessary rules and regulations not inconsistent with this Charter or with other Laws of the State of Delaware for the conduct of elections, for the prevention of fraud in election, and for the recount of ballots in case of doubt.
(b) All elections shall be held by an election board which shall consist of the Alderman and two of 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 Council may designate such other persons, it shall deem necessary to assist the members of the Election Board in the conduct of the election and counting of ballots. Should any or all of the members of the Election Board be absent from the place of the election at 12:00 noon 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 until the ballots are counted and the results of the election are 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, provided that no member of Council shall sit on the Election Board who shall be a candidate in the election on which the Election Board shall sit. In the event Council is unable to choose two members of Council to the Election Board, Council shall appoint two citizens of the City who are qualified to vote as provided herein.
(c) When the polls are closed the Election Board shall publicly count the votes and shall certify the results 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 receives the highest number of votes cast for that office shall be declared to be elected to that office and they shall continue in office during the terms for which they are chosen, or until their successors are duly elected and/or appointed and qualified. In the event of a tie vote for any office the Election Board shall determine the person elected to the office by lot.
(d) Every resident of the City of Harrington who shall have reached the age of eighteen (18) years and who is registered, if such registration is provided for by ordinance duly adopted by Council, shall be eligible to vote in any municipal election conducted by the City of Harrington.
(e) The Council, by ordinance, 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 election. Any such ordinance providing for registration of voters shall make adequate provisions 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 required by this Charter or the Laws of the State of Delaware. Reasonable opportunity shall be provided for the voters to register, and there shall he at least three (3) registration days in each year, one of which must be not less than thirty (30) days prior to an election.
(f) The Council shall provide for a sufficient number of official ballots or voting machines as may be deemed necessary for all municipal elections.
(g) In the event there is only one official candidate for each office, if none of the official candidates has a formal opponent on the day of the election, the official candidates may assume office without the holding of a formal election.
SECTION 8. ANNUAL REPORT TO THE ELECTORS OF THE CITY
There shall be an annual meeting of the electors of the City of Harrington, to be held on the Friday evening preceding the annual election at 7:30 p.m. local time. Due notice of the time and place of the meeting shall be published in a newspaper in general circulation within the City at least ten (10) days prior thereto.
The meeting shall be organized and conducted by the Mayor or his appointee and Clerk of Council.
Reports concerning the business of the City for the past year shall he read as well as plans for Improvement contemplated to be made during the succeeding year.
Those persons who have filed a petition for office as prescribed in Section 6 of the Charter, shall be introduced and allowed to speak.
No action taken at this meeting shall be binding on the Mayor and Council, the intent of this meeting being a means of informing the electors of the business affairs of the City and presenting those candidates nominated for office.
SECTION 9. COUNCIL MEETINGS
At seven thirty o'clock p.m. on the Wednesday, following a regular municipal election, the Mayor and Council shall meet at the usual place for the holding of Council Meetings and the newly elected officers shall assume the duties of Office, being first duly sworn or affirmed to perform their duties with fidelity.
Such meeting shall be called or known as the Annual Meeting.
Thereafter the Council shall hold regular meetings at such times as may be prescribed by ordinance, but not less frequently than once each month. Special meetings may be called and held as prescribed by ordinance.
All meetings of the Council shall be open to the Public.
SECTION 10. CONDUCT OP MEETINGS
A majority of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
No ordinance, resolution, or order shall be valid unless it shall have the affirmative vote of a majority of the members elected to the Council.
No members of the Council shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are Involved.
The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together with the text of the ordinance or resolution upon the Journal of the proceedings of the Council. The Journal shall be deemed conclusive evidence of the facts stated therein.
SECTION 11. COUNCIL POWERS RELATING TO ELECTION AND MEETINGS
The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office, and in such cases, shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the Council in any such case shall be subject to review by the courts. The holding over of members shall constitute the Council for the purpose of determining election contests. The Council shall determine its own rules and order of business and keep a Journal of Its proceedings. It shall have the power to compel the attendance of absent members and Council is invested with the authority to adopt regulation and ordinances for the purpose of carrying out this section.
SECTION 12. PERSONNEL COMMITTEE OF COUNCIL
There shall be a Personnel Committee, consisting of three (3) members of the Council, appointed by the Mayor for a term of one (1) year.
The Personnel Committee shall have the following duties:
They shall cause to be prepared a Personnel Policy for the employees of the City and shall present said policy to Council for adoption, and they shall at least annually review the Personnel Policy and recommend to Council any changes, alterations, deletions or additions that may be needed.
They shall review the annual evaluation forms of all City employees and make their recommendations to Council thereon.
The Personnel Committee shall review all applications for employment with the City, that shall be presented to them by the City Manager and/or the Chief of Police, containing their recommendations, and the Personnel Committee shall either approve or disapprove said application for employment.
They shall sit as a grievance committee to hear, discuss and take action on grievances filed In writing, by any employee, except the City Manager and Chief of Police; and further they shall sit as a board of appeals to hear, collect information, call and question all Involved persons and take appropriate action on the appeal of any City employee, except the City Manager and Chief of Police, who may have appealed their dismissal and/or removal from City employment.
In any action taken regarding approval or disapproval of employment, grievances or appeal of dismissal, the decision of the Personnel Committee in any such action shall be final and there shall be no appeal therefrom to any officer or body of the City whatsoever.
SECTION 13 . PILLING VACANCIES FOR COUNCIL AND MAYOR
The Office of a Councilman or Mayor shall become vacant upon death, resignation, or removal from office in any matter authorized by law or forfeiture of office, loss of residency in the City, loss of residency in the Election District he represents as it pertains to Councilmen, or the conviction of any crime involving moral turpitude or a felony. In the event of any such vacancy or of any vacancy created by death, resignation or otherwise, the Council shall fill such vacancy for the residue of the whole term; provided, however, If a vacancy shall be created in the office of Councilman, the unexpired term of which office shall be for more than one (1) year, the Council shall appoint some suitable person to serve until the next annual election, at which time there shall be elected a suitable person to fill the unexpired term of said office.
SECTION 14. SALARIES OF OFFICERS AND EMPLOYEES
The salaries and/or compensation of all officers and employees for the City shall be determined by the Council.
Officers and employees under this Section shall not include the Mayor nor Councilman. SECTION 15. DUTIES OF MAYOR
The Mayor shall be the executive end chief official of the City. He shall preside at meetings of the Council, but shall have no vote except in the case of a tie. He shall have the powers and perform the duties conferred and imposed by this Charter and the ordinances of the City.
SECTION 16. DUTIES OF VICE-MAYOR
At the annual meeting, the Council shall elect one of their members to the office of Vice-Mayor for a term of one (1) year. During a vacancy in the office of Mayor or during the absence of disability of the Mayor, the Vice-Mayor shall have all the powers and duties of the Mayor.
SECTION 17. CLERK OF COUNCIL
The Council shall choose a Clerk, who shall keep a record of the proceedings of the Council and perform such other duties and have such powers as may be prescribed by ordinance.
SECTION 18. CITY COLICITOR
At the annual meeting, the Council shall elect a City Solicitor for the term of one year or until his successor has been duly chosen and qualified.
The City Solicitor may be removed during his term by a vote of three-fourths of the members elected to Council.
The City Solicitor may be an attorney of law who shall have practiced in the State of Delaware for at least three (3) years. He shall be the Chief Legal Advisor of and Attorney for the City. It shalt be his duty, either personally or by such assistants as he may designate, to attend meetings of Council, as prescribed by Council, to give advice in writing and to perform other legal services as may be required of him by Council.
SECTION 19. ALDERMAN
At the annual meeting the Council shall elect an Alderman for the term of one (1) year, or until his successor has been duly chosen and qualified.
The Alderman may be removed during his term by a vote of three-fourths of the members elected to Council.
In case of the temporary inability of the Alderman to perform his duties by reason of sickness or absence, or otherwise, the said Council may at any meeting appoint an acting Alderman for the period of such inability.
Before entering upon the duties of his office, the Alderman shall be sworn or affirmed to perform the duties of his office with fidelity.
The Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the limits of the City so far as to arrest and hold for ball or fine and imprison offenders of all fines, penalties and forfeitures prescribed by this Charter or ordinances enacted hereunder or any Law of the State of Delaware conferring Jurisdiction on the Alderman. He shall impose no fine or penalty In excess of that fixed by law.
The Alderman shall also have Jurisdiction in suits of civil nature, for the collection of taxes, recovery of amounts due and payable for the construction of sidewalks, curbs, or pavements, expenses of abatement of nuisances and all other matters which may arise in the proper government and control of the City under the provisions of this Charter. The Alderman's tees for any service provided for under this Section shall be those fees as established by resolution of Council.
Upon the expiration of his term of office, or upon resignation or removal from office as herein provided, the Alderman shall deliver to his successor all the books and papers belonging to his office, and shall pay over to the City Treasurer all moneys in his hands belonging to the City within five (5) days after his removal. Neglect or failure to make such delivery or payment, he shall be guilty of a misdemeanor and upon, conviction thereof shall be fined not more than five hundred ($500.00) dollars.
The Alderman shall at the monthly meeting of the Council report to the Council all fines imposed by him and also fines and penalties and other monies received by him during the preceding month belonging to the City and shall pay to the City Treasurer all such fines and penalties and other monies received by him during the said time, and in default of making such report or payment of such fines, penalties or other monies to the Treasurer of the City, for a period of twenty (20) days after receiving same, he shall deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars.
The Alderman shall keep a docket In which all his official acts shall be entered, which shall be opened to the public Inspection at all times. The Council may at anytime require the Alderman to give Bond in such amount and in such form and in such surety as the Council shall determine or approve, said bond to be paid for by the City.
SECTION 20. DUTIES OF CITY TREASURER
At the annual meeting the Council shall elect a City Treasurer to hold office until the next annual meeting of the Council, or until his successor has been duly chosen and qualified, but subject to removal at any time by the Council.
The City Treasurer shall .be custodian of all City Funds and shall deposit them in banking Institutions located In the City as designated by Council.
He shall pay no money except upon warrant or check countersigned by the Mayor.
The Mayor and City Treasurer shall sign no warrant or check on the City Treasury except pursuant to appropriation and resolutions therefore made by Council.
He shall keep a true and detailed account of all monies received by him. His book; and accounts shall at all times be open to inspection by the Council, Mayor or City Manager.
He shall make such reports and at such time as the Council may direct.
The City Treasurer shall be required to give bond in such amount and in such form with such surety as the Council shall determine or approve, said Bond to be paid to the City.
SECTION 21. INVESTIGATIONS BY COUNCIL OF OFFICERS AND EMPLOYEES
The Council shall have power to inquire into the conduct of any office, officer or employee in the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Any person who fails or refuses to obey a lawful order issued.in exercise of these powers by the Council shall be guilty of a misdemeanor punishable by a fine not more than $100, or by imprisonment for not more than 10 days, or both.
SECTION 22. CITY MANAGER
A. APPOINTMENT AND REMOVAL OF CITY MANAGER
The Council shall appoint a City Manager who shall be the chief administrative officer of the City. fie need not, when appointed, be a resident of the City or State and during his term of office may live outside the City Limits with the approval of Council. No member of Council or the Mayor shall, during his term for which he was elected, be chosen as City Manger. The City Manager shall be appointed for an indefinite term, but shall be removable at the pleasure of the Council. Before the City Manager may be removed he shall be given a written statement of the reasons alleged for his removal and shall be granted, if he demands in writing filed with the Clerk of Council within five (5) days after receiving the written notice of his removal, the right to be heard publicly thereon at a meeting of Council, but pending and during such hearing the Council may suspend him from office under terms and/or conditions as specified by Council. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal In the Council. In case of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the office during such absence or disability.
B. RESPONSIBILITIES OF CITY MANAGER RELATING TO EMPLOYEES
The City Manager shall be responsible to the Council for the proper administration of all affairs of the City placed in his charge, and to that end, except as otherwise provided herein. He shall seek applications, interview applicants, select and recommend the applicant he feels most qualified for a position in the administrative services of the affairs of the City under his charge and present such application along with his recommendations on all applicants to the Personnel Committee for their review and action. All such appointments shall be without definite terms.
C. REMOVAL OF EMPLOYEES
Employees under the authority of the City Manager may be removed by him at any time. The
employees shall have the right to appeal of his dismissal to the Personnel Committee of Council.
D. COUNCIL NOT TO INTERFERE WITH APPOINTMENTS OR REMOVALS OF CITY MANAGER
Neither the Council or any of its members, except those members of Council appointed to the Personnel Committee when performing the duties of the Personnel Committee as set forth in Section 12 of this Charter, shall area or request the appointment of any person to, or his removal from, office by the City Manager or any of his subordinates, or in any manner take part in the appointment or removal of employees in the service of the affairs of the City under the charge of the City Manager. Except for the purposes of inquiry, the Council and Its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through the City Manager, and neither Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately; provided, however, in the event of any emergency, ( i.e., Storms, water leaks, sewer blockages, etc.), wherein the City Manager is not available or he requests assistance, the Mayor or any Councilman may take charge and in so doing may give direct orders to any employee of the City until such time that the emergency situation Is abated and whatever clean-up work necessitated completed.
E. DUTIES OF CITY MANAGER - RESPONSIBILITY TO COUNCIL
It shall be the duty of the City Manager to supervise the administration of the affairs of the City under his charge; to make such recommendations to the Council concerning the affairs of the City as may seem to him desirable, to keep Council advised of the financial conditions and future needs of the City, to prepare and submit to the Council the annual budget estimate, to prepare and submit to Council such reports as may be required by that body, and to perform such other duties as may be prescribed by this Charter or required of him by ordinances or resolution of Council.
F. RIGHTS OF THE CITY MANAGER IN COUNCIL
The City Manager and such other officers of the City as may be designated by vote of the Council, shall be entitled to seats in the Council, but shall have no vote.
G. DUTIES OF CITY MANAGER
The City Manager shall have charge of the water and sewer systems of the City. He shall have charge of the supervision of the streets, gutters, curbs and sidewalks of the City and of all work relating thereto. He shall have charge of the administration of all provisions of this Charter and ordinances and regulations of the Council relating to affairs of the City, when not otherwise provided for by this Charter or by ordinance or resolution of Council. He shall exofficlo be Collector of Taxes for the City. It shall be his duty to collect all water rents and fees for the tapping of water mains and sewers and all City revenues from any source whatsoever. He shall pay over to the City Treasurer at least weekly or more often if required by Council, all monies received or collected by him and by any employee under him.
He shall keep a full and strict account of all monies received and all disbursements made by him and such accounts shall be at all times open to inspection by the Council. He shall make such reports and at such times as the Council shall direct.
H. BONDING OF CITY MANAGER
The Council shall require the City Manager to give bond in such amount and such form and with such surety as the Council shall approve. Said Bond to be paid by the City.
SECTION 23. POLICE DEPARTMENT
A. NUMBER, SALARIES AND POWERS
There shall be a City Police Force, the number thereof and their salaries shall be determined by Council.
They shall preserve peace and order, and compel obedience within the City Limits, to the ordinances of the City and the Laws of the State. They shall have such other duties as Council shall prescribe and pass down through the Chief of Police.
Each member of the Force shall be vested with the power and authority, as prescribed by law.
B. APPOINTMENT AND REMOVAL OF THE CHIEF OF POLICE
The Council shall appoint a Chief of Police who shall be the administrative officer of the Police Department. No member of Council or the Mayor shall, during his term for which he was elected, be chosen as Chief of Police. The Chief of Police shall be appointed for an indefinite term, but shall be removable at the pleasure of the Council. Before the Chief of Police may be removed he shall be given a written statement of the reason alleged for his removal and shall be granted, if he demands in writing filed with the Clerk of Council within five (5) days after receiving the written notice of his removal, the right to be heard publicly thereon at a meeting of Council, but pending and during such hearing the Council may suspend him from office under terms and/or conditions as specified by CounciL The action of the Council in suspending or removing the Chief of Police shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the Council.
C. APPOINTMENT TO AND REMOVALS FROM THE POLICE FORCE BY THE CHIEF OF POLICE
The Chief of Police shall be responsible to the Council for the proper administration of all affairs of the Police Department, and to that end, except as otherwise provided herein, he shall have the power to seek applications, interview applicants, select and recommend the applicant he feels most qualified for service in the Police Department and present such application along with his written recommendations on all applicants to the Personnel Committee for their review and action. All such appointments shall be without definite term, Employees of the Police Department are under the authority of the Chief of Police and may be removed by him at any time. The employee shall have the right to appeal, of his dismissal, to the Personnel Committee of Council.
A. COUNCIL NOT TO INTERFERE WITH APPOINTMENTS OR REMOVALS OF THE CHIEF OF POLICE
Neither the Council or any of its members; except those members of Council appointed to the Personnel Committee when performing the duties of the Personnel Committee as set forth in Section 12 of this Charter, shall direct or request the appointment of any person to, or his removal from office by the Chief of Police, or in any manner take part in the appointment or removal of employees in the service of the Police Department under the charge of the Chief of Police. Except for the purpose of inquiry, the Council and its members shall deal with matters dealing with the Police Department solely through the Police Commissioner, and neither Council or any member thereof shall give orders to any member of the Police Department under the charge of the Chief of Police either publicly or privately; provided, however, in the event of any emergency, where the Chief of Police or the officer in charge is not available, the Police Commissioner, the Mayor or any member of Council may give direct orders to any member of the Police Department until such time that the emeergency situation is abated.
A. DUTIES OF CHIEF OF POLICE AND RESPONSIBILITY TO COUNCIL
It shall be the duty of the Chief of Police to supervise the administration of the affairs of the Police Department; to make such recommendations to the Council concerning the affairs of the Department as may seem to him desirable; to keep Council informed of the future needs of the Department; to prepare and submit to the Council such reports as may be required by that body; and to perform such other duties as may be prescribed by this Charter or required of him by ordinance or resolution of Council.
A. POLICE COMMISSIONER
At the annual meeting of the Council the Council shall elect one of its members to serve as Police Commissioner for a term of one (1) year.
The Police Commissioner may be removed from office during his term of office by a 3/4 vote of the remaining Councilmen.
The Police Commissioner shall act as Ilasion between the Police Department and the Council. It shall be his duty to see that all directives, orders and policies determined by Council are adhered to and carried out by the Chief of Police and shall report back to Council any non-compliance to the above.
He shall keep Council informed concerning the affairs and needs of the Police Department.
The Police Commissioner is to fully investigate any complaint brought against the Department and report his findings to Council in writing.
He shall deal in all matters pertaining to the Police Department through the Chief of Police and in the case of absence of the Chief of Police, the officer that has been put in responsible charge during such absence.
SECTION 24 . ANNUAL ASSESSMENT AND APPEALS OF SAME
That in the year 1992 and every tenth year thereafter there shall be made a true, just and impartial valuation and assessment of all the real property within the limits of the City, locating each parcel of real property by street and number or other description, and also assessment of all male and female residents in the City above the age of eighteen (18) years, whether or not owners of real property. The said valuation and assessment shall be made by an assessor or assessors who shall be elected by the Council at the previous September meeting by a majority vote thereof.
The general assessment made in 1982 and in force at the time of the approval of the Charter, shall continue in force and effect until the next general assessment in 1992.
The assessment made in 1982 and every tenth year thereafter, shall be known as the general assessment. In other years, there shall be a scrap assessment as hereinafter provided.
The scrap assessment shall value and assess all taxable real property in the City not already valued and assessed by the general assessment then in force, and all improvements made upon real property since said general assessment and all male and female residents of the City above the age of eighteen (18) years not already assessed, and said assessment shall omit the names of those who have removed from the City or who have died in the year that a scrap assessment Is made, the general assessment then in force as supplemented or modified by the scrap assessment, shall constitute the assessment for the year.
The assessors shall make and deliver to the Council as soon as the assessments are made, but not later than the first day of March, such number of copies thereof that the Council shall direct.
Council may direct that appeals from any assessment shall be heard by a committee of not less than three (3) Councilmen appointed by the Mayor. Such a committee of Councilmen shall sit at a stated place and time to hear the appeals of the taxpayers dissatisfied with the assessment of their property, shall collect such information as they deem proper and shall report their findings and recommendations to a meeting of full Council. At the said meeting of full Council the recommendation of the committee shall be received together with such other information as the Council shall permit or require, and each appealing taxpayer may be heard in behalf of his appeal. The Council shall have power to correct, revise, alter, add to, deduct from the assessment. The decision of a majority of the Councilmen sitting shall be final and conclusive; provided, that no Councilmen shall vote nor sit as a member of the committee as herein provided on his own appeal.
Notice of the day, hour and place that a committee of Councilmen will sit to hear appeals and of the day, hour and place when the full Council will sit to act on such appeals, said date of appeal to be on or before the first day of April, shall be posted with the assessment list in at least two (2) public places for n period of ten (10) days. Notice of the posting of the copies of the assessment lists and of the time and place of the meeting of the committee of Councilmen and of the full Council to hear appeals shall be published in a newspaper in general circulation within the City.
The assessment as approved, revised or adjusted by the Council as aforesaid shall be the basis for the levy collection of taxes of the City.
The Council shall have the right to levy and collect on gas mains, telephone, telegraph and power poles or other erection of like character erected within the limits of the City, together with wires and appliances thereto or thereon attached, and to this end may at anytime direct the same to be included in or added to the city assessment.
Every person who is a resident of the City and who is of the age of sixty-five (65) or more years having an income not in excess of two thousand five hundred dollars ($2,500.00) per year, excluding social security, shall be entitled, upon proper application, an exemption from the payment of any capitation tax assessed against them by the City; provided however, that no such exemption shall be allowed except upon written application. The written application shall be on a form prescribed by the Council for that purpose. The application for exemption shall be filed with the City Manager on or before such date as fixed by resolution of Council.
Every application shall establish that the applicant Is of the age of sixty-five (65) or more years, the residence of the applicant Is within the City and that the income of the applicant for the preceding calendar year, did not exceed two thousand five hundred dollars (52,500.00) as herein provided. In case of doubt, Council, or such other officer of the City designated by Council may require such proof as deemed necessary to the proper conclusion of an applicant.
An application having been filed and allowed the exemption shall continue from year to year without the necessity of further application, except the Council or such office of the City designated by Council may at any time require the filing of a new application of such additional (roof concerning income as may be deemed necessary to continue exemption. it shall be the duty of every person granted such exemption to inform Council, or such officer of the City designated by Council, of any change in his or her status which may affect the right to continuance of the exemption. Failure to do so when necessary shall give Council the authority to withdraw the exemption and require the payment of the capitation tax for every tax year for which the exemption is not justified.
The exemption from capitation tax as established hereby shall in no manner permit any exemption from the payment of real property tax assessed by the City regardless of the age or income of the owner thereof.
Nothing in this Section contained shall be deemed or held to invalidate or otherwise affect any assessment made prior to approval of this act or any tax levied thereunder.
SECTION 25. TAX LIMIT
The Council shall on or before the first day of June of each year determine the amount of money to be raised for the City for general purposes for the next fiscal year not exceeding ten (10%) percent of the assessed value of real property within the city limits, but added thereto shall also be fixed a rate which will produce an amount sufficient to provide for interest on bonds the redemption thereof at their general maturities and to cover the sinking fund requirements. A reasonable sum for delinquencies, discounts and cost of collection may be added by Council to the amounts aforesaid together with any additional sum or sums authorized to be levied and collected as in this Section shall be levied and collected by the Council on the property and persons assessed as aforesaid and in accordance with such assessment and according to rate established by the Council.
SECTION 26. COLLECTION OF TAXES
In the month of June in each year, the Council shall deliver to the Collector of Taxes a list containing the names of the taxables and opposite the name of each the amount of his real property assessment and his capitation tax and the tax upon the total of his assessment, and the rate per hundred dollars. The said list shall be signed by the Clerk of Council.
All taxes shall be paid to the Collector of Taxes. Taxes paid during the month of July in the calendar year they were assessed shall be allowed a three (3%) percent discount. Taxes paid during the month of August in the calendar year for which they were assessed shall be allowed a two (2%) percent discount. Taxes paid during the month of September in the calendar year they were assessed shall be allowed a one (1%) percent discount. To every tax that is not paid prior to the first of October in the calendar year they were assessed there shall be added and collected one (1%) percent for every month or fraction of a month after the thirtieth day of September that the said tax remains unpaid.
It shall be the duty of the Collector of Taxes to proceed forthwith to collect all taxes unpaid by the thirty-first day of December in the calendar year that they were assessed and In the collection of said taxes he shall have all powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County.
The Council shall have authority to allow errors and delinquents in the assessment.
The provisions of Title 25, Section 2903 of the Delaware Code, shall be deemed and hold to apply to all taxes laid and imposed under the provisions of this Charter.
SECTION 27. DEBT LIMIT
A. Whenever during the year, the current receipts are insufficient to provide for the operating needs of the City, the Council is authorized to anticipate revenues by borrowing money, not in excess of the sum of $100,000 dollars, which shall be repaid from current revenues received thereafter.
B. The Mayor and Council is hereby authorized and empowered to borrow money and issue bonds or certificates of indebtedness from time to time on the faith and credit of the City of Harrington to provide funds for the furnishing of water to the public, for the construction or repair of sewers or sewerage treatment equipment or to defray the cost of the share of the City costs, or any permanent municipal improvements of the said City and for these purposes the Mayor and Council shall have full power and authority to issue bonds of the said City of Ilarrington.
The aggregate of the amount so borrowed together with all other bonded indebtedness for which the faith and credit of the City of Herrington has been pledged shall not at any time exceed a sum equal to fifteen (15%) percent of the total assessed value of real property situated within the bounds of the City of Harrington as such boundaries shall from time to time appear.
C. Before any bonds shall be issued under the provisions of Subsection B, they shall have been authorized by the City Council and shall have been approved by the electors in the manner and at the time following:
(I). Council by resolution shall propose to the electors of the City that the stated amount of money shall be borrowed for any of the above purposes. The resolution shall state the amount of money desired, the manner of securing the same and all other pertinent facts relating to the loan and shall fix a time and place for a hearing on the resolution.
(2). Notice of the time and place of the hearing on the resolution authorizing said loan shall be published in a newspaper in general circulation within the City at least one (I) week before the time set for the hearing.
(3). A second resolution shall then be passed by Council at a regular meeting or special meeting called for same, ordering a special election to be held not less than thirty (30) and not more than sixty (60) days after the date of its determination after said hearing to borrow the said money for the purpose of voting for or against the proposed loan.
(4). The notice of the time and place for holding the said special election shall be published in a newspaper in general circulation within the City once a week for three (3) successive weeks prior to the election and the special election shall be conducted by a Board of Elections herein provided for the annual election.
(5). The Council shall cause to be prepared and printed and have available for distribution a sufficient number of ballots at not less than five (5) days prior to the day of the special election.
(6). At the special election, every person who had a right to vote at the next preceding annual City election shall have the right to vote.
(7) The form of the Bond or certificate of indebtedness the times of payment of interest, the classes, the time of maturity and provisions as to registration shall be determined by Council. The Bonds shall be offered for sale to the best and most responsible bidder therefore after advertisement in a newspaper, for at least one month before offering the same for sale. The Council shall provide in its budget and in fixing the tax rate for the payment of interest and principle of said Bonds at the maturity or maturities thereof and a sinking fund therefore. The faith and credit of the City of Harrington shall be deemed to be pledged for provision thereof when the same hove been properly executed and delivered for value.
SECTION 28 . POWER TO EXEMPT CERTAIN REAL ESTATE FROM TAXES
The City Council may by ordinance or resolution for the purpose of economic development of the City, remit all taxes or a portion thereof that may be levied or imposed upon real estate and all erections, buildings, and structures which shall hereafter be erected thereon for the purpose of manufacturing and business establishments or enterprises; provided that such exemption shall not exceed a period of ten 00) years.
SECTION 29. DESIGNATION OF FISCAL YEAR
The fiscal year of the City shall begin the first day of July and shall end with the next succeeding thirtieth day of June.
SECTION 30. ANNUAL BUDGET INFORMATION
On or before the first day of March each year, the City Manager shall prepare and submit to the Council, a budget, presenting a financial plan for conducting the affairs of the City for the ensuing fiscal year.
The budget shall include the following information:
1. A detailed statement showing the expenses of conducting each department and office of the City for the current year and last preceding year.
2. A detailed estimate of the expenses of conducting each department and office of the City for the ensuing fiscal year with reasons for the increases and decreases recommended.
3. The value of supplies and material on hand.
4. The amount of the debt of the City together with a schedule of maturities of bond -issues.
5. A statement showing the amount required for interest on the City debt and for paying off any bonds maturing during the year and the amount required for the sinking fund.
6. An itemized statement of all anticipated income of the City with a comparative statement of the amounts received by the City from each of the same or similar sources for the past preceding and current fiscal year.
7. Such other information as the City Manager may think desirable or as may be required by Council. The Council shall on or before the first day of June in each year, adopt a budget for the succeeding fiscal year. The Council shall, so far as possible, adhere to the budget so adopted in the making of appropriations.
SECTION 31. CASH DISBURSEMENTS AND REPORT OF SAME TO COUNCIL
No claim against the City shall be paid except on a warrant or check approved by the City Manager and approved and countersigned by the Mayor. The City Manager shall examine all payroll, bills and other claims and demands against the City and shall issue no warrant or check for payments, unless he finds that the claim is proper and In proper form and correctly computed. The City Manager shall, at each monthly meeting of Council, present a report showing in detail all bills and other claims for which warrants or checks were drawn the preceding month.
SECTION 32. ANNUAL AUDIT
Annually in the month of July, the Council shall have the finances of the City and the books and accounts of the City Manager, the Alderman and the City Treasurer audited by a certified accountant. As soon as practicable after such audit has been completed, the Council shall cause to be made and published a report of the City's finances for the preceding year.
SECTION 33. POWER TO ADOPT ORDINANCES
The Council Is hereby vested with the authority to adopt ordinances of every kind relating to any subject coming within the powers and functions of the City, or relating to the government of the City, its peace and order, its sanitation, appearance and beauty, the health safety, convenience and comfort of its population, and the protection and preservation of property and to fix and impose and enforce the payments of fines and penalties for the violation of any such ordinance; provided, that no fine or penalty shall exceed the sum of one hundred ($100.00) dollars, and no provision in the Charter as to ordinances on any particular subject shall be deemed or held to be restrictive of the power to adopt ordinances on any subject nor specifically enumerated.
SECTION 34. PROCEDURE FOR ADOPTING ORDINANCES
(A) FORM
A proposed ordinance may be introduced by any member of Council at any meeting of the Council. Every proposed ordinance shall be introduced in writing and in form required for final adoption. Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance section or subsections to be repealed or amended.
(B) PROCEDURE
Except as otherwise provided in the Charter or this Section, no proposed ordinance shall be adopted until the proposed ordinance is introduced and read at two (2) regular meetings of Council and then only upon the majority roll-call vote of the members of Council present at the meetings.
(C) PUBLICATION
Upon a majority vote of the members of Council present at the first reading, being in favor of the proposed ordinance, the Clerk of Council shall cause the proposed ordinance, or a brief summary thereof, to be published in a newspaper of general circulation within the territorial limits of the City at least ten (10) days prior to the second reading before Council. Said notice to contain the date of the scheduled second reading of the proposed ordinance before Council.
(D) EFFECTIVE DATE
Except as otherwise provided in this Charter, or specifically stated, every proposed ordinance shall become effective upon a majority roll-call vote of voting In favor of adoption; provided, that the proposed ordinance was approved by a majority roll-call vote at the first reading and has been published as herein provided.
(E) EMERGENCY ORDINANCES
To meet a public emergency affecting life, health, property or public peace, the Council may adopt one or more emergency ordinances upon a majority roll-call vote of members present after one reading before Council. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated and specify the emergency to which it pertains.
Upon the adoption by Council of an emergency ordinance, the Clerk of Council shall forthwith cause the adopted ordinance, or a brief description thereof, to be published in a newspaper of general circulation within the territorial limits of the City.
An emergency ordinance shall only be in effect as long as the emergency exists but in no event longer than sixty (60) days from the date of adoption.
SECTION 35. POWER TO DEFINE NUISANCES
The Council shall have power to define nuisances and cause their abatement.
The operation of any Instrument, device or machine that shall cause electrical interference with radio reception within the limits of the City shall at the option of the Council be deemed a nuisance, encroachment and otetructions in any street, alley or public way by porches, bay windows, awnings, poles, fences, trash or rubbish or the accumulation of snow or ice on sidewalks may be deemed to be a nuisance and may be abated or removed at the expense of the persons responsible therefor, as by ordinance provided.
SECTION 36. FIRE PROTECTION
The Council shall have power to adopt all measures requisite or appropriate for protection against fire. To this end Council may adopt ordinances prohibiting the use of building materials that the Council deems would create a fire hazard and may zone or district the City and make particular provisions for particular zones or districts with regard to buildings and building materials. This power shall be deemed to embrace new buildings or additions or alterations of existing structures of every kind. The Council shall have the power to condemn any building or structure or portion thereof, that It deems constitutes a fire menace and to require or cause the same to be torn down, removed or so altered as to eliminate the menace of fire.
SECTION 37. ZONING
The Council may adopt zoning ordinances limiting and restricting to specified districts and regulating therein, building and structures according to their construction and the nature and intent of their use.
SECTION 38. BUILDING
The power of the Council to adopt ordinances for the safety of the City and its population, provided herein, shall be deemed to embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade of materials used In the construction thereof.
The Council may provide for the issuance of building permits and forbid the construction of a new building, extention, alterations or additions to existing buildings, except a building permit has been obtained thereof. The Council may appoint a building Inspector and prescribe his powers and duties.
SECTION 39. PLANNING
The Council may create a City Planning Commission for the development and beautification of the City and prescribe its powers and duties.
SECTION 40. CITY LIBRARY COMMISSION
The Council may create a City Library Commission for the purpose of development and supervision of a City Library and prescribe Its powers and duties.
SECTION 41. CITY PARKS AND RECREATION COMMISSION
The Council may create a City Parks and Recreation Commission for the development, construction, and supervision of public parks and recreation facilities of the City and prescribe its powers and duties.
SECTION 42. POWER TO ADOPT HEALTH ORDINANCES
Council shall have the power to adopt health ordinances relating to the health and protection of the population of the City; to control and prevent flooding, drainage, health hazards, vermin, debris, trash, Insects, weeds, the spread of disease, or nuisances affecting the City; to control animals, and types of animals or fowl allowed in the City; and to establish a Board of Health.
The power to adopt said health ordinances shall extend to areas inside the City limits and within one (I) mile from said limits.
SECTION 43. TREES
Trees being among the chief beauties of the City, and their preservation requiring that they be treated with special care and Intelligence, the Council is empowered to create a Tree Commission for the trees within the streets, and other public places of the City, and to appropriate annually an amount of money adequate for their care and preservation. The Tree Commission may be given authority to take necessary or appropriate action to prevent injuries to trees from electrical wires or from any other source or came whatsoever, and combat the pests and disease, to which they are subject, and when necessary to employ tree experts; provided, that they do not exceed the appropriation by the Council.
SECTION 44 . CONDEMNATION OF LAND
The City shall have the power to acquire lands, tenements, real property or interest therein, by condemnation for the purpose of providing sites for public buildings, ways, parks, sewers, sewage disposal or utility plants or the erection or construction of lines or conduits for the transmission of electricity, water, gas or sewerage or for any other municipal purpose whether within or without the limits of the City. The procedure therefore shall be as contained in the Revised Code of Delaware, 1974, as amended, Title 10, Chapter 61 and any amendments thereto.
SECTION 45 . PAVING OR REPAVING OF STREETS AND SIDEWALKS
Responsibility of property owners; assessment of cost or street improvements; method of collecting costs of improvement.
The Council shall have the power to pave or repave or cause to be paved or repaved, the streets and sidewalks of the City or any part or portion thereof with such materials as it shall determine.
The power hereby conferred shall be exercised in the following manner:
A. SIDEWALKS
The City Council, at such time as it shall determine that the condition or conditions of a particular street or streets, or portion thereof; requires that sidewalks be laid, or that the sidewalks then existing, if there be sidewalks laid, should be repaired, or upon petition of a majority of persons owning property along any of the streets, or portion of any street of the City, asking that the sidewalks abutting on said street or streets be improved, or that sidewalks be laid where there are none at the time of the filing of the petition, may direct the property owner or owners to lay or replace sidewalks with such material as in the judgment of the said Council of the City of Harrington, may deem best under the circumstances.
It shall be the duty of the City Manager to give at least fifteen (15) days notice in writing to the owner or owners of the property or properties affected by the action of said Council. Said notice shall be served in the following manner: A copy thereof shall be delivered personally to the owner or owners of said property or properties, or a copy delivered personally to the tenants In possession of the property, or a copy thereof shall be sent by registered mail to the last known post office address of the owner or owners of the said property or properties so affected. Service of such notice by either of the said methods shall be sufficient to bind the owner or owners under the provisions of this Section.
It shall be the duty of the owner or owners to lay or cause to be laid or improve or alter the sidewalks or portion thereof according to the directions of said notice. It shall be the duty of the city Manager to cause the said sidewalks to be laid, altered or repaired, as the case may be, according to the terms of such notice.
The costs of such work shall be assessed against the property or properties affected and shall be payable by the owner or owners thereof, and the cost assessed shall be a lien against the property.
B. STREETS
The Council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named hour and place, the Council will meet to consider the question of paving or repaving, with specific material or materials, the named street in front of the property of named owners and, of assessing the cost, or part of the costs, thereof against the owners. Said ordinance or resolution shall be published in at least one (I) issue of a newspaper in general circulation within the City. The council shall hold a meeting in accordance with said ordinance or resolution and shall hear there all the named owners of property and other residents of the City, appearing on the questions presented in said ordnance or resolution.
After said hearing, the Council shall decide, either at said meeting or at a subsequent meeting, whether or not to proceed with the paving or repaving specified in said ordinance or resolution; provided, however, that the Council shall not proceed with such improvements if, at or prior to the
hearing aforesaid, the Council shall be presented with a written objection thereto signed by a majority of the owners of each property in front of which such paving or repaving was contemplated. The provisions of the subsection relating to the paving or repaving of streets, shall be deemed to apply to and include curbs and gutters.
C. ASSESSMENTS
The Council shall have the authority to levy and collect special assessments upon property in a limited and determinable area for special benefits occuring to such property as a consequence of any municipal public work or improvements, and to provide for the payment of all, or any part of the costs of the work service or improvements out of the proceeds of such assessments.
When the term "owner" or "owners" is used with respect to special assessments, It shall be deemed to mean the person or persons who owned the property in question at the time of the enactment of the assessment ordinance, and any change in ownership thereafter shall not be deemed to affect any of the steps or proceedings described in this Section with respect to special assessment.
The Council shall also have the authority to enact ordinances which provide for the levy and collection of assessments, against property owners, for the cost of installation of sanitary sewers, storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public Improvements.
Such ordinances shall prescribe the following:
I. The basis to determine the amount which shall be assessed upon the properties abutting the public work or improvement.
2. What portion of corner properties shall be considered frontage and what portion side frontage.
3. Payment provisions providing for payment In installments, except that assessment for current services or service connections shall be payable within one year and
4. Rules under which individual appeals shall be heard.
AU special assessments and all water and sewer service charges shall be liens and shall be entered in the Municipal Lien Docket as liens.
The Council may provide for the payment of special assessments for whatever purpose levied by Installments, but assessments for permanent improvements shall be paid in annual or more frequent Installments, and assessments for current services shall be payable within one (1) year.
D. MUNICIPAL LIEN DOCKET
A docket known as the "City of Harrington Municipal Lien Docket" shall be prepared and maintained by the City Manager. The docket shall be in substantially the same form as the judgment docket for Kent County, shall contain all liens for municipal improvements, for which special assessments are levied, and shall contain an Index according to the name of the owner against who such lien has been assessed. No municipal lien shall be valid after January 1, 1984 unless it is duly recorded in said docket. All liens so recorded shall continue in full force and effect until said assessment and accrued costs have been paid in full. Upon payment in full of the amount of the assessment and accrued costs, it shall be the duty of the City Manager to enter forth upon the docket, the date of final payment and the words "satisfied in full".
SECTION 46. CONTROL OF STREET, ETC., VESTED IN COUNCIL
The streets, sidewalks, lanes and alleys in the City shall be under the supervision, management and control of the Council and the Council may prescribe grades thereof and adopt ordinances regulating the use thereof and the traffic thereon.
SECTION 47. REGULATIONS OF PARKING
The Council shall have the power to adopt ordinances regulating the parking of automobiles and motor vehicles within the City, and may lease or purchase land to be used for parking purposes.
SECTION 48 . POWER TO OPERATE A WATER SYSTEM
The Council shall have power to operate a water system for the City, including the procurement and distribution of same, and to do all things necessary for its maintenance and operation. The Council may at their option distribute water to places or properties outside of the City Limits upon such terms, charges and conditions as they shall determine.
The Council shall have power to adopt ordinances, rules and regulations in regard to the use for public or private purposes of water furnished and penalties for any willful or negligent injury or damage to its water procurement and distribution system and to any objectionable we in connection with its water system and to any interferences or obstruction of the said system.
The Council may take condemnation proceedings for water purposes, private land or the right to use private land under the surface thereof, for the laying of water mains or the procurement of water. The proceedings by condemnation under this section shall be the same as prescribed in Section 44 of this Charter with regard to the laying of new streets, and the resolution referred to in said section shall be modified to cover the case contemplated by this present Section.
SECTION 49. POWER TO OPERATE A SEWER SYSTEM
The Council shall have superintendence and supervision of the sewers and the sewage system of the City. They shall have power to install any or additional sewers in the City. The Council may take condemnation proceectngs for sewer purposes, private land or the right to we private land under the surface thereof, for the laying of sewer mains. The proceedings by condemnation under this Section shall be the same as prescribed by Section 41 of this Charter with regard to the laying of new streets, and the resolutions referred to in said section shall be modified to cover the case contemplated by this present Section.
The Council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer system of the City and the use thereof, and may fix fines and penalties for the violation of the provisions of such ordinances. The Council may require any property to be connected with the water and sewer mains and to compel the owner of such property to pay the cost of such connection and the tapping thereof shall be under the regulations and control of Council.
The Council may extend the sewer system of the City to places outside of the City Limits upon such terms, charges and conditions as it shall determine.
The Council is hereby authorized to impose a charge or rent for the use of that sewer system of the City, both within and without the limits of the City and in addition to the connection or tapping charge.
SECTION 50. SOLID WASTE AND SEWAGE DISPOSAL
The Council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse, garbage and sewage.
The Council shall have power to adopt ordinances, rules and regulations in regard to solid waste and sewage disposal and set the amount to be paid by the users thereof.
SECTION 51. CONTRACTS
The Council is vested with authority on behalf of the City to enter into contracts for the rendering of personal service to the City and/or the purchase for the City; provided,
1. No contract shall be made by Council for any purpose, the contract price of which is in excess of $5,000.00 dollars without public competitive bidding;
2. The contract shall be awarded to the lowest responsible bidder, but Council may reject any and/or all bids for any reason be it deemed advantageous to the City; and
3. All formal contracts shall be signed by the Mayor with the seal of the City attached and attested by the Clerk of Council.
SECTION 52. FRANCHISES
The Council shall have the right to grant or refuse franchises or licenses to public utilities and common carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes and alleys of the City; provided however, that any franchise for a period of longer than two (2) years be authorized by a majority of the qualified voters of the City at any general or special election called for that purpose in the manner herein provided in Section 27 relating to the power to issue bonds, and further provided, that the franchise or powers of any corporation owning or operating a public utility or common carrier in, or through the City at the time of the approval of the Charter shall not be affected or impaired.
SECTION 53. LICENSES
The Council shall have the power, by ordinances duly adopted, to grant or refuse to grant licenses or permits for sporting events, circuses, theatrical companies, or like things, exhibits, parades, the posting of bills for the advertisement thereof, pool and billiard rooms and other places
of amusement, peddlers, and/or canvassers, any person or persons having only temporary places of business for selling or offering for sale goods, wares, services or merchandise of any kind.
The Council shall, on the license or permit, designate the area or areas wherein the licensee or permtttee shall operate and shall also set forth the hours of the day for which the license or permit shall be valid.
The Council shall have the power to set fees for any license or permit issued under the provisions of this Section.
SECTION 54 . EFFECTIVENESS OF ORDINANCES
All ordinances, resolutions, orders, and regulations adopted by the City of Harrington and in force at the time of approval of this Charter are continued in force until the same or any of them shall be repealed, modified, or altered by the provisions of this Charter or by action of Council.
SECTION 55 . TRANSFER OF LEGISLATIVE POWER
The person being the Mayor of the City of Harrington at the time of the approval of this Act shall continue to be the Mayor of the City of Harrington until the next election and qualification of a Mayor under the provisions of this Charter, and the persons who are members of the City Council of the City of Harrington at the time of the approval of this Act shall be the members of the Council of the City of Harrington until the next election and the qualification of Councilmen elected thereat, Under the provisions of this Charter.
All the acts and doings of the Council of the City of Harrington or of any official of the said City lawfully done or performed under the provisions of any law of the State and of any ordinance of the Council of the said City, prior to the approval of this Act, are hereby ratified and confirmed.
SECTION 56 . TRANSFER OF DEBTS AND ASSETS
All taxes, debts, fines or penalitles and forfeitures due the City of Harrington shall be deemed to be due the City of Harrington, and all debts due from the said City of Harrington shall be deemed to be debts of the City of Harrington, and the same shall remain unimpaired until paid. All power to collect taxes imposed under the provisions of this Act shall be deemed to apply and extend to all unpaid taxes imposed by the City Council of the City of Harrington.
SECTION 57 . VALIDITY OF CITY ORDINANCES
Printed copies of the ordinances and resolutions of the City Council of Harrington, published by authority of the Council, shall be admitted as evidence thereof in all courts and in pleadings shall not be necessary to recite or draw them out at large.
SECTION 58. SEPARABILITY
If any part of the Act shall be deemed to be unconstitutional, such holding, shall not be deemed to invalidate the remaining provisions of this Act.
SECTION 59. PENDING MATTER
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with the City department, office, or agency appropriate under this Charter.
SECTION 60. CONSTRUCTION
The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this Charter.
SECTION 61. EFFECTIVE DATE
This Charter shall be in full force and effect for all purposes upon it being signed into law by the Governor of the State of Delaware.
Approved July 19, 1983.