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Delaware General Assembly· SB 171Signed

Charter Change/Houston/Updates, the official text

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SPONSOR: Sen. Wilson & Rep. Postles

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 171

    AN ACT TO AMEND THE CHARTER OF THE TOWN OF HOUSTON.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members
    elected to each house thereof concurring therein):

1   Section 1. Amend the Charter of the Town of Houston by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   Incorporation

4   Section 1.

5   The inhabitants of the Town of Houston within the corporate limits as hereinafter defined in Section 2 of this

6 Charter or Charter, and as extended as hereinafter provided are hereby declared to be a body politic incorporated in law and

7 equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, and defend and

8 be defended in all courts of judicature whatsoever by the corporation name of "The Town of Houston".

9   Annexation Of Territory

10  Section 3.

11  In the event If it becomes feasible and necessary in the future for the Town of Houston to enlarge its then existing

12 limits and territory, such annexation accomplished pursuant to under the following procedures shall be is lawful:

13  (a) (1) If all of the property owners of the territory contiguous to the then existing corporate limits and

14  territory of the Town of Houston, by written Petition with the signature of each such Petitioner duly acknowledged,

15  shall request the Town Council to annex that certain territory in which they own property, the property owners own

16  property, the Mayor of the Town of Houston shall appoint a Committee composed of not less than three (3) 3 of the

17  elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town

18  Council shall must include a description of the territory requested to be annexed and the reasons for the requested

19  annexation. Not later than ninety (90) 90 days following its appointment by the Mayor, as aforesaid, the Committee

20  shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Houston.

21  Council. The report so submitted shall must include the advantages and disadvantages of the proposed annexation

22  annexation, both to the Town of Houston and to the territory proposed to be annexed annexed, and shall must contain

23  the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons

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24  therefor. In the event that for the recommendation. If the Committee appointed by the Mayor concludes that the

25  proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council

26  of Houston may then pass a second Resolution annexing such territory to the Town of Houston. Such The Resolution

27  shall be passed must pass by the affirmative vote of two-thirds (2/3) 2/3 of all the elected members of the Town

28  Council. In the event If that the Committee appointed by the Mayor concludes that the proposed annexation is

29  disadvantageous disadvantageous, either to the Town of Houston or to the territory proposed to be annexed, the

30  procedure to be followed shall be is the same as hereinafter provided as if the annexation were proposed by five (5) 5

31  or more property owners but less than all the property owners of a territory contiguous to the then limits and territory

32  of the Town of Houston.

33  (b) (2) If five (5) 5 or more property owners, but less than all of the property owners of a territory contiguous

34  to the then limits and territory of the Town of Houston Houston, by written Petition with the signature of each such

35  Petitioner duly acknowledged, shall request requests the Town Council to annex that certain the territory in which they

36  own property, the property owners own property, the Mayor of the Town of Houston shall appoint a Committee,

37  committee, composed of not less than three (3) 3 of the elected members of the Town Council, to investigate the

38  possibility of annexation. The Petition petition presented to the Town Council shall must include a description of the

39  territory requested to be annexed and the reasons for the requested annexation; or the Town Council, by majority vote

40  of the elected members thereof may, by resolution, propose that a committee composed of not less than three (3) of the

41  elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain

42  territory contiguous to the then limits and territory of the Town of Houston. annexation.

43  (c) (3) Not later than ninety (90) 90 days following its appointment by the Mayor, as aforesaid, the

44  Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town Council of

45  Houston. Council. The report so submitted shall must include the advantages and disadvantages of the proposed

46  annexation annexation, both to the Town of Houston and to the territory proposed to be annexed and shall must contain

47  the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons

48  therefor. In the event that for the Committee’s recommendation. If the Committee appointed by the Mayor concludes

49  that the proposed annexation is advantageous both to the Town of Houston and to the territory proposed to be annexed,

50  within thirty (30) 30 days after receiving the report, a second resolution shall then must be passed by the Town Council

51  proposed to the property owners and residents of both the Town of Houston and the territory proposed to be annexed

52  that the Town proposes to annex certain territory contiguous to its then limits and territory. In the event that If the

53  Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous disadvantageous, either

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54  to the Town or to the territory proposed to be annexed, within thirty (30) 30 days after receiving the report of the

55  Committee, the Resolution proposing annexation to the property owners and residents of both the Town of Houston

56  and the territory proposed to be annexed shall must be passed by the affirmative vote of two thirds (2/3) 2/3 of the

57  elected members of the Town Council. If the Resolution shall fail fails to receive the affirmative vote of two-thirds

58  (2/3) 2/3 of the elected members of the Town Council, the territory proposed to be annexed shall may not again be

59  considered for annexation for a period of one (1) 1 year from the date that the Resolution failed to receive the required

60  affirmative vote. The second Resolution shall must contain a description of the territory proposed to be annexed and

61  shall must fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted

62  by the Town Council setting forth the above information shall must be printed in a newspaper having a general

63  circulation in the Town of Houston at least one (1) 1 week prior to the date set for the public hearing, or, at the

64  discretion of the Town Council, the said Resolution shall must be posted in four (4) 4 public places both in the Town of

65  Houston and in the territory proposed to be annexed.

66  (d) (4) Following the public hearing, but in no event later than thirty (30) 30 days thereafter, a Resolution

67  shall must then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty

68  (30) 30 nor more than sixty (60) 60 days after the said public hearing on the subject of the proposed annexation.

69  Passage of this Resolution shall ipso facto be is considered the determination of the Town Council to proceed with the

70  matter of the proposed annexation.

71  (e) (5) The notice of the time and place of the said Special Election shall be printed must be published within

72  thirty (30) 30 days immediately preceding the date of this the Special Election in at least two (2) 2 issues of a

73  newspaper having a general circulation in the Town of Houston, or, in the discretion of the Town Council, the said

74  notice may be posted in public places, both in the Town of Houston and in the territory proposed to be annexed at least

75  fifteen (15) 15 days prior to the date set for the said Special Election.

76  (f) (6) At the Special Election, every property owner, whether an individual, partnership partnership, or a

77  corporation both in the Town of Houston and in the territory proposed to be annexed, shall have one (1) 1 vote. Every

78  citizen of either the Town of Houston or of the territory proposed to be annexed over the age of eighteen (18) 18 years

79  who is not a property owner shall have one (1) has 1 vote. In the case of property owned by husband and wife jointly,

80  the husband and wife shall each have one-half (1/2) vote. In the event that more than 1 individual, partnership, or

81  corporation, each property owner has a vote equal to the percentage of the property owner’s interest in the property, but

82  the collective vote of all property owners may not exceed 1 vote. If a person owns property both in the Town of

83  Houston and in the territory proposed to be annexed and resides in either place, he the property owner may vote only

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84   where he the property owner resides. In the event that a person If a property owner owns property both in the Town of

85   Houston and in the territory proposed to be annexed but does not reside in either place, he the property owner may vote

86   only in the Town of Houston and not in the territory proposed to be annexed. Property owners whose property is

87   exempt from taxation or is not assessed for taxation shall are not be entitled to vote. The books and records of the

88   Town of Houston Houston, in the case of property owners and citizens of the Town Town of Houston, and the books

89   and records of the Board of Assessment of Kent County, in the case of property owners and residents of the territory

90   proposed to be annexed, shall be are conclusive evidence of the right of such property owners and citizens to vote at

91   the Special Election.

92   (g) (7) In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically

93   authorizing the said individual to vote at the said Special Election, a duly authenticated Power of Attorney shall must

94   be filed with the Town Council of the Town of Houston. Said Council. The Power of Attorney so filed shall constitute

95   is conclusive evidence of the individual’ right of said person to vote in the Special Election.

96   (h) (8) The Town Council of the Town of Houston shall cause voting machines to be used in the Special

97   Election, the form of ballot to be printed as follows:

98   [ ] For the proposed annexation

99   [ ] Against the proposed annexation

100  (i) (9) The Mayor of the Town of Houston shall appoint three (3) 3 persons to act as a Board of Special

101  Election, with the concurrence of a majority of the council, members of the Town Council, at least one (1) 1 of whom

102  shall must own property in the Town of Houston and at least one (1) 1 of whom shall must own property in the

103  property proposed to be annexed. One (1) of the said persons so appointed shall must be designated the Presiding

104  Officer. Voting shall must be conducted in a public place as designated by the Resolution calling the Special Election.

105  The Board of Special Election shall have available, clearly marked, two (2) 2 voting machines. All votes cast by those

106  persons, partnerships partnerships, or corporations authorized to vote as residents or property owners in the territory

107  proposed to be annexed shall must be accomplished on one such 1 voting machine and all ballots cast by those persons,

108  partnerships, or corporations who are authorized to vote as residents or property owners of the Town of Houston shall

109  must be accomplished on the other such voting machine. The polling place shall must be open from one o'clock in the

110  afternoon, 1 p.m., prevailing time, until six o'clock in the evening, 6 p.m., prevailing time, on the date set for the

111  Special Election. All persons in the polling place at the time of the closing of the polls shall be are permitted to vote,

112  even though such the votes are not cast until after the time for the closing of the polls.

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113  (j) (10) Immediately upon the closing of the polling place, the Board of Special Election shall count the

114  ballots for and against the proposed annexation and shall announce the result thereof; the thereof. The Board of Special

115  Election shall make a Certificate certificate under their the Board of Special Election’s Hands of the votes cast for and

116  against the proposed annexation and the number of void votes and shall deliver the same certificate to the Town

117  Council of the Town of Houston. Said Council. The certificate shall must be filed with the papers of the Town Council.

118  (k) (11) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes

119  cast, both from the Town of Houston and from the territory proposed to be annexed, must have been cast in favor of the

120  proposed annexation. In the event that If the Special Election results in an unfavorable vote for annexation, no part of

121  the territory considered at the Special Election for annexation shall may again be considered for annexation for a period

122  of at least one (1) 1 year from the date of the said Special Election. If a favorable vote for annexation shall have has

123  been cast, the Town Council of the Town of Houston shall cause a description and a plot of the territory so annexed to

124  be recorded in the Office of the Recorder of Deeds in and for Kent County, but in no event shall said County. The

125  recordation must be completed more than ninety (90) within 90 days following the date of the said Special Election.

126  The territory considered for annexation shall be is considered to be a part of the Town of Houston from the time of

127  recordation. The failure to record the description or the plot within the specified time shall does not make the

128  annexation invalid, but such annexation shall be is deemed to be effective at the expiration of the ninety (90) day 90-

129  day period from the date of the favorable Special Election.

130  (l) (12) If the territory proposed to be annexed includes only territory which that is exempt from taxation or

131  which that is not assessed on the books on the Board of Assessment of Kent County, no election shall be is necessary

132  and the Town Council of the Town of Houston may proceed to annex such the territory by receiving a certified copy of

133  a Resolution requesting such annexation, if such the property is owned by a corporation, or by a written Petition with

134  the signature of each such Petitioner duly acknowledged, if such the property is owned by an individual, requesting the

135  Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the

136  Petition shall must include a description of the territory requested to be annexed and the reasons for the requested

137  annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of the Town of Houston

138  shall appoint a committee composed of not less than three (3) 3 of the elected members of the Town Council to

139  investigate the possibility of annexation. Not later than ninety (90) 90 days following its appointment by the Mayor, as

140  aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town

141  Council of Houston. Council. The report so submitted shall must include the advantages and disadvantages of the

142  proposed annexation annexation, both to the Town of Houston and to the territory proposed to be annexed annexed,

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143  and shall must contain the recommendation of the committee whether or not to proceed with the proposed annexation

144  and the reasons therefor. In the event that for the committee’s recommendation. If the committee appointed by the

145  Mayor concludes that the proposed annexation is advantageous advantageous, both to the Town of Houston and to the

146  territory proposed to be annexed, the Town Council of Houston may then pass a second Resolution annexing such

147  territory to the Town of Houston. Such Resolution shall must be passed by the affirmative vote of two-thirds (2/3) 2/3

148  of all the elected members of the Town Council. In the event that the committees committee appointed by the Mayor

149  concludes that the proposed annexation is disadvantageous disadvantageous, either to the Town of Houston or to the

150  territory proposed to be annexed, the Resolution shall must be passed by three-fourths (3/4) a 3/4 affirmative vote of all

151  the elected members of the Town Council. If the Resolution fails to receive the required number of votes, no part of the

152  territory proposed for annexation shall may again be proposed for annexation for a period of one (1) 1 year from the

153  date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the

154  Town Council of the Town of Houston shall cause a description and a plot of the territory so annexed to be recorded in

155  the Office of the Recorder of Deeds in and for Kent County, and in no event shall such County. The recordation must

156  be completed more than ninety (90) within 90 days following the passage of the Resolution. The territory considered

157  for annexation shall be is considered to be a part of the Town of Houston from the time of recordation. The failure of

158  the Town Council to record the description and plot within the time hereinbefore specified shall does not make the

159  annexation invalid, but such annexation shall be is deemed to be effective at the expiration of the ninety (90) 90 day

160  period from the date of the passage of the Resolution.

161  Structure Of Government

162  Section 4.

163  The government of the Town of Houston and the exercise of all powers conferred by this Charter, except as

164 otherwise provided herein, shall be is vested in the Town Council, consisting of a Mayor and four Council members. 4

165 Town Councilmembers. The term of the Mayor shall be is for a period of two 2 years and the term of each Council member

166 shall be Town Councilmember is for the period of two 2 years, each term commencing at the annual first regular meeting of

167 the Town Council following his the annual municipal election and continuing until his a successor is duly elected and

168 qualified.

169  Qualifications For Town Councilman Councilmember And Mayor

170  Section 5.

171  (a) The qualifications for Town Councilman Councilmember and the Mayor shall be are as follows:

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172             (a) (1) A bona fide resident of the United States and of the State of Delaware and a resident of the Town

173  of Houston for at least one (1) 1 year next preceding the Annual Municipal Election; and annual municipal

174  election;

175             (b) (2) At least eighteen (18) 21 years of age;

176             (3) Be a citizen of the United States of America;

177             (c) Be non-delinquent (4) Is not delinquent in their the payment of town taxes; taxes, utilities, or any

178  other debt owed to the Town of Houston;

179             (5) Has not been adjudged mentally incompetent;

180             (6) Has not been convicted of a felony; and

181             (7) Has not previously resigned, within the 2 years prior to being elected, as a Town Councilmember or

182  Mayor for reasons other than personal health, a close family member’s health, work obligations, or loss of

183  residency in the Town of Houston.

184  (d) (b) Each of the qualifications for Town Councilman Councilmember or Mayor shall be is a continuing

185 qualifications qualification to hold office, and failure of any of the Councilmen Town Councilmember or the Mayor to have

186 any of the qualifications required by this Section during the terms of his office will create creates a vacancy in the office.

187  Method Of Making Nominations For Town Councilman Councilmember

188  Section 6.

189  (a) On the last a Saturday in February, two (2) December, or a different date set by the Town Council, 2 members

190 of the Town Council shall sit at a place designated by the Town Council within the Corporate corporate limits of the Town

191 of Houston between the hours of 6 p.m. and 8 p.m., or at a different time set by the Town Council, to accept the names of

192 candidates for election to the office of Mayor and for election to the office of Town Council Member. Councilmember.

193 Notice stating the date, time time, and place of sitting shall must be posted in public places in the Town of Houston at least

194 ten (10) 14 days prior to date of sitting.

195  (b) The Town Council shall cause to be printed ballots. Said ballot shall The ballots must contain the names of all

196 persons nominated. Such The ballots shall must be delivered to the persons appointed or selected to hold the election at the

197 opening of the polls. Voting machines shall must be used; however, in the event no contest exists, they shall not be used

198 but, if no there is no contest, voting machines are not required. Voters may also prepare for themselves ballots, either

199 printed or written.

200  Manner Of Holding The Annual Municipal Election

201  Section 7.

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202  The procedure for holding the annual municipal election shall be is as follows:

203  (a) (1) The annual municipal election shall must be held at a place designated by the Town Council within the

204 corporate limits of The the Town of Houston on the last Saturday in March February of each and every year from three

205 o'clock in the afternoon, 3 p.m., prevailing time, until seven o'clock in the evening, 7 p.m., prevailing time. The first said

206 annual municipal election to be held pursuant to this Charter is to be held on the last Saturday in March A.D. 1979.

207  (b) (2) The present Mayor and Members members of the Town Council shall, by this Act, Charter, be appointed to

208 serve and shall continue to serve from and after the passage hereof of this Charter until a Mayor and Councilmen Town

209 Councilmembers are duly elected; and that at elected. At the annual election held on the last Saturday in March, A.D. 1979,

210 after the passage of this Act Charter as provided for in Section 6 of this Act, Charter, a Mayor and four (4) Councilmen

211 shall 4 Town Councilmembers must be elected, the elected. The Mayor and two Councilmen shall be 2 Town

212 Councilmembers are elected for the term of one 1 year, or until their successors shall be are duly qualified, and two

213 Councilmen 2 Town Councilmembers are elected for the term of two 2 years, or until their successors shall be are duly

214 qualified; and thereafter at qualified. At every subsequent annual election municipal election, the successors to the Mayor

215 and Councilmen Town Councilmembers whose terms shall have expired shall be are chosen to serve for the term of two 2

216 years, or until their successors shall be are duly qualified; and if qualified. If any vacancy or vacancies shall occur among

217 them by death, resignation, refusal to serve, or otherwise, the remaining Councilmen shall have the power to Town

218 Councilmembers may fill such the vacancy or vacancies until the ensuing next annual municipal election, at which time

219 such the vacancy or vacancies shall be are filled by the election of a Mayor or Councilmen Town Councilmember to fill the

220 unexpired term of the Mayor or Councilmen Town Councilmember in whose stead they shall be are elected.

221  (c) (3) The annual municipal election shall must be conducted by a Board of Election consisting of an Inspector

222 and two (2) Judges 2 judges appointed by the Mayor of the Town of Houston, Mayor, with the concurrence of a majority of

223 the members of the Town Council, not later than the last regular meeting of the Town Council prior to the date of the

224 annual municipal election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat,

225 take reasonable steps to see that the law pertaining to the annual municipal election receives compliance, and shall take

226 reasonable steps for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so

227 chosen and designated to conduct the annual municipal election shall are not be present at the polling place at the time

228 designated for the holding of the annual municipal election, it shall be lawful for the qualified voters present at the polling

229 place at the time of holding such the annual municipal election to elect may elect, from among their own number number, a

230 person to fill each vacancy and such on the Board of Election cause caused by the absence of any member of the Board of

231 Election. The Board of Election shall keep a list of all persons who voted at such the annual municipal election.

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232  (d) (4) At such the annual municipal election every person, male or female, who shall have attained the age of

233 eighteen (18) who is 18 years old or older on or before the date of the annual municipal election and who shall be is a bona

234 fide resident of the Town of Houston shall have one (1) has 1 vote. All voters must be residents of the Town of Houston.

235 The Town Council, Council may, by ordinance, establish a reasonable procedure for the registration of voters and, in such

236 event, compliance therewith may be a prerequisite for voting at the annual municipal election.

237  (e) (5) All votes offered at the annual municipal election shall must be offered in person, except in cases where a

238 person is under doctors a doctor’s care, on military duty, or out of town for business reasons. All reasons must be in writing

239 and notarized and submitted with a copy of the ballot, prepared by the voter, and also notarized, in a sealed envelope, and

240 delivered to the Election Inspector no later than 3:00 P.M. 3 p.m. on the day of the Election. annual municipal election.

241  (f) (6) Upon the close of the annual municipal election, the votes shall must be read and counted publicly. The

242 persons having the highest number of votes for each office shall be are declared duly elected and shall continue in office for

243 the term stated stated, or until his successors are duly elected and qualified. In case of a tie, there shall must be a run-off

244 election between the candidates so tied.

245  (g) (7) The Election Board of Election shall enter in a Book, to be provided for that purpose, minutes of the annual

246 municipal election, containing the names of the persons chosen, shall subscribe the same, and shall give to the persons

247 elected certificates of the Election, annual municipal election, which Book, consisting such of the annual municipal

248 elections minutes, shall must be preserved by the Town Council, and shall be is evidence in any Court of Law and Equity.

249 All ballots cast, all tabulations of votes from voting machines machines, and the records of the Elections shall annual

250 municipal election must be preserved in the custody of the Election Board of Election for a period of ten (10) 10 days.

251  Organization And Annual Meeting Of The Town Council

252  Section 8.

253  (a) Before entering upon the duties of their respective offices, office, the Mayor-Elect and the Councilmen-Elect

254 shall Town Councilmembers-Elect must be sworn by a Notary Public to perform faithfully and impartially the duties of

255 their respective offices office with fidelity. At seven-thirty o'clock in the evening, 7 p.m., prevailing time, or at a different

256 time the Town Council may determine, at the first regular meeting following the annual municipal election, the Town

257 Council shall meet at the Town Council Chamber and the newly elected officers Mayor and Town Councilmembers shall

258 assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity, as aforesaid.

259  (b) At the annual meeting, held on the first regular meeting following the annual municipal election, the Town

260 Council shall select a Vice-Mayor from among their own number the Towns Council’s members to serve until the first

261 regular meeting after the next annual municipal election and shall also select a Secretary, who may or may not be from

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262 among their own number, a Town Councilmember, to serve until the first regular meeting after the next annual municipal

263 election and shall also select an Assistant Secretary to serve, as aforesaid, who may or may not be from among their own

264 number, a Town Councilmember, and such other officers and employees as may be determined to be necessary.

265  Regular And Special Meetings

266  Section 9.

267  The Town Council of the Town of Houston shall hold one (1) 1 meeting in each month on the first Thursday of the

268 month. month, or on a different day the Town Council may determine. If the first Thursday of the month shall be is a legal

269 holiday, the monthly meeting of the Town Council of the Town of Houston shall must be held on the next succeeding

270 regular business day. Thursday. Special meetings shall be are called by the Secretary upon the written request of the Mayor

271 of the Town of Houston, or upon the written request of any two (2) 2 members of the Town Council of the Town of

272 Houston, Council, stating the day, hour hour, and place of the special meeting requested, and the subject or subjects

273 proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the

274 Town Council of the day, hour hour, and place of such the special meeting and the subject or subjects to be considered

275 thereat. Such The notice of the Secretary shall must be deposited in the United States mail in the main Post Office of the

276 Town of Houston at least forty-eight (48) 48 hours before the time of said the special meeting, PROVIDED, HOWEVER,

277 that a written waiver of such notice signed by the Mayor of the Town of Houston and by all members of the Town Council

278 prior to or immediately upon convening of the said such special meeting shall make such written notice unnecessary and

279 shall authorize and make valid the holding of a special meeting at any time named in the waiver and the transaction of any

280 business considered at the meeting special meeting, if the waiver so states.

281  Quorum

282  Section 10.

283  A majority of the members elected to the Town Council shall constitute constitutes a quorum at any regular or

284 special meeting; but a lesser number may adjourn from time to time and may compel the attendance of absent members in

285 such manner and under such penalties as may be prescribed by Ordinance.

286  Rules And Minutes Of The Town Council

287  Section 11.

288  The Town Council shall determine its own rules and order of business and shall keep a journal of its proceedings,

289 and the yeas and nays shall must be taken upon the passage of every ordinance and resolution and shall must be entered in

290 the journal with the text of the ordinance or resolution.

291  Vacancies

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292        Section 12.

293        If any vacancy shall occur occurs in the office of Mayor or Councilman Town Councilmember by death,

294 resignation, loss of residence in the Town of Houston, refusal to serve, or otherwise, the same vacancy may be filled by a

295 majority vote of the remaining members of the Town Council. The person or persons so chosen to fill such the vacancy

296 shall must be qualified as in the case of newly elected members and shall hold office for the remainder of the unexpired

297 term.

298        Disqualifications

299        Section 13.

300        If the Mayor or any Councilman, Town Councilmember, during his the Mayor’s or the Town Councilmember’s

301 term of office, shall be is found guilty of any crime or misdemeanor and sentenced to imprisonment for any term whatever,

302 or violates (a), (b) or (c) of Section 5, Section 5 of this Charter, or shall for any reason cease ceases to be a resident of the

303 Town, he shall the Town of Houston, the Mayor or the Town Councilmember is forthwith be disqualified to act as Mayor

304 or Councilman Town Councilmember and his the office shall be is deemed vacant and shall must be filled by the Town

305 Council, as aforesaid. A resignation may or may not be requested by the Town Council.

306        Contracts

307        Section 14.

308        (a) It shall be is unlawful for the Town Council to make or enter into any contract in excess of Five Hundred

309 Dollars ($500.00) for materials, supplies, services, work work, or labor, for the benefit and use of the Town of Houston

310 with any member of the Town Council or the Mayor or with any partnership in which any member of the Town Council or

311 the Mayor, or with any corporation in which any member of the Town Council or the Mayor is a Director or controlling

312 stockholder or any firm or company which any member of the Town Council or the Mayor is pecuniarily interested,

313 provided that if all the elected members of the Town Council shall vote to enter into such contract, then the Town may enter

314 into such a contract. interested. Any such contract executed without such unanimous vote shall be is absolutely null and

315 void.

316        (b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this

317 Charter shall must be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder

318 who submits a responsive bid; PROVIDED, HOWEVER, that competitive bidding shall is not be required in any of the

319 following circumstances:

320        (1) The aggregate amount involved is not more than Five Hundred Dollars ($500.00); $5,000.00;

321        (2) The purchase or contact contract is for personal or professional services;

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322  (3) The purchase or contract is for any service rendered by a University, university, college or other

323  educational institution;

324  (4) The purchase or contract is for any service to be rendered by the State of Delaware or any political

325  subdivision;

326  (5) The purchase or contract is for property or services for which it is impracticable to obtain competition;

327  (6) The public exigency, as determined by the Town Council, will not permit the delay incident to advertising;

328  (7) The purchase or contract is for property or services for which the Town Council determines the prices

329  received after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in

330  open competition;

331  (8) A public emergency emergency, as determined by the Town Council Council, exists.

332  Duties Of The Mayor And President Of Council

333  Section 15.

334  (a) The Mayor shall preside at all Town Council meetings thereat, and shall vote on all matters brought before the

335 Town Council for a vote. He The Mayor shall appoint all committees, receive complaints of nuisances, and other

336 complaints of citizens concerning violations of law and ordinances, He ordinances. The Mayor shall present a report of

337 complaints and nuisances and violations of law and ordinances to the Town Council at the first regular meeting after

338 receiving such the complaints. He The Mayor may require the Alderman or the Assistant Alderman, as hereinafter provided

339 for in this Act, Charter, to proceed upon such the infractions or violations of law and ordinances immediately in the event

340 that he if the Mayor deems such action to be required. The Mayor shall perform such other duties and have such other

341 powers as the Town Council shall determine determine, not in conflict with the provisions of this Charter.

342  (b) The Mayor, within thirty (30) 30 days following his the Mayor’s election, may appoint, by and with the advice

343 and consent of a majority of the elected members of the Town Council, two (2) 2 suitable persons who shall be are qualified

344 voters of the Town of Houston to act as Alderman and Assistant Alderman. Both the Alderman and the Assistant Alderman

345 shall hold office until each successor shall be is duly appointed and chosen.

346  (c) The Mayor may, for any reasonable cause, by and with the consent and upon the address of a majority of all the

347 members of the Town Council, remove from office any person appointed by him the Mayor or any of his the Mayor’s

348 predecessors. The person against whom the Town Council may be about to proceed shall receive five (5) 5 days' written

349 notice thereof, accompanied by a statement of the cause alleged for the removal and shall must be accorded a full and fair

350 hearing, if such a request is received by the Mayor by certified mail with return receipt requested within ten (10) 10 days

351 following the date that notice of removal is received by such the person.

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352  (d) The Mayor may appoint such other committees as he the Mayor deems necessary for the proper administration

353 of the Town of Houston or the Town Council may, by resolution, authorize the Mayor to appoint certain committees which

354 are deemed necessary to carry out the provisions of this Act. Charter.

355  (e) It shall be is the duty of the Vice-Mayor, in the absence of the Mayor Mayor, to preside at all meetings of the

356 Town Council in the event of absence of the Mayor and perform such other duties and to have such other powers of the

357 Mayor as are prescribed by the this Charter of the Town of Houston or by any Ordinance of the Town Council.

358  Secretary

359  Section 16.

360  (a) The Secretary must be an owner of property in the Town of Houston, a citizen and resident of the Town of

361 Houston, and at least 21 years old at the time of appointment as Secretary.

362  (b) The Secretary, before entering upon the duties of the office, must be sworn, or affirmed, to faithfully and

363 honestly perform the duties of the office. The oath or affirmation must be administered by the Mayor, the acting Mayor, the

364 Town Solicitor, or a judge of the State of Delaware.

365  (a) (c) The Secretary shall have charge and custody of books, journals, records, papers papers, and other effects of

366 the Town of Houston and shall keep the same in a safe and secure place. They The Secretary shall keep a full and complete

367 record of all the transactions in the Town of Houston. The Secretary shall keep a record of the transactions and proceedings

368 of the same, together with such other duties as may be prescribed by this Charter or by Ordinance or rule of the Town

369 Council of the Town of Houston. They Council. The Secretary shall file and keep in a safe place, as may be determined by

370 the Town Council, the seal of the Town of Houston and all papers and documents arising out of the proceedings of the

371 Town Council of the Town of Houston relative to the affairs of the Town. They Town of Houston. The Secretary shall

372 deliver the same to his the Secretary’s successor in office. They The Secretary shall attest the seal of the Town of Houston

373 when authorized by the Town Council and shall perform such other duties and have such other powers as may be

374 prescribed by Ordinance.

375  (b) (d) All books, records records, and journals of the Town of Houston in the custody of the Secretary may, may

376 be inspected, in the presence of the Mayor, Secretary, Assistant Secretary Secretary, or any member of the Town Council of

377 the Town of Houston, be inspected Council, by any registered voter of the Town of Houston desiring legitimate information

378 at any time, or times, as may be convenient and will not interfere with the regular routine of the business of the Town.

379 Town of Houston.

380  (c) (e) All books, records, papers papers, and documents in the custody of the Secretary shall must be open for

381 inspection by members of the Town Council of the Town of Houston. Council.

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382           (d) (f) Compensation, if any, of the Secretary for his the Secretary’s duties, shall be is determined by the Town

383 Council.

384           Assistant Secretary

385           Section 17.

386           The duties and powers of the Secretary as hereinbefore prescribed shall devolve upon the Assistant Secretary in

387 the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such

388 other powers as may be prescribed by resolution to of the Town Council of the Town of Houston and shall receive such

389 compensation as the Town Council Council, by Resolution resolution, shall determine. The Assistant Secretary must be an

390 owner of property in the Town of Houston, a citizen and resident of the Town of Houston, and at least 21 years old at the

391 time of appointment as Assistant Secretary. The Assistant Secretary, before entering upon the duties of the office, must be

392 sworn, or affirmed, to faithfully and honestly perform the duties of the office. The oath or affirmation must be administered

393 by the Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware.

394           Alderman And Assistant Alderman

395           Section 18.

396           (a) The Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act

397 as Assistant Alderman. Any person appointed by the Mayor to serve as Alderman or and Assistant Alderman shall must be

398 at least twenty-one (21) 21 years of age, shall be of good character and reputation reputation, an owner of property in the

399 Town of Houston, and shall be a citizen and resident of the Town of Houston and shall Houston. The Alderman and the

400 Assistant Alderman may not be a member of the Town Council of the Town of Houston. Council. Any person appointed by

401 the Mayor to serve as Alderman or Assistant Alderman shall be is appointed for an indefinite term and any such

402 appointment shall must be confirmed by a majority of all members of the Town Council of the Town of Houston. Council.

403 Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the

404 affirmative vote of two-thirds (2/3) 2/3 of all the elected members of the Town Council of the Town of Houston. Council.

405           (b) Before entering upon the duties of his the office, the person appointed by the Mayor to serve as Alderman and

406 the person appointed by the Mayor to serve as Assistant Alderman shall must be sworn or affirmed by the Mayor to

407 perform the duties of his the office honestly, faithfully faithfully, and diligently and diligently; to uphold and enforce the

408 this Charter of the Town of Houston Charter; and to carry into effect all orders of the Town Council of the Town of

409 Houston made pursuant to any law of this State. the The Assistant Alderman shall perform the functions of the Alderman if

410 the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods the Assistant

411 Alderman shall have has all the powers and duties of Alderman.

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412  (c) The Town Council shall procure suitable records for the use of the Alderman and the Assistant Alderman. Such

413 records shall be are known as the "Alderman's Docket". The Alderman and the Assistant Alderman shall each record all

414 official acts and proceedings in the Alderman's Docket.

415  (d) The Alderman and the Assistant Alderman shall have jurisdiction and cognizance of all breaches of the peace

416 and other offenses committed within the corporate limits of the Town of Houston so far as to arrest and hold for bail or fine

417 and imprison offenders for any offense, penalty penalty, or forfeiture prescribed by the this Charter of the Town of Houston

418 and any Ordinance enacted thereunder; of all neglects, omissions omissions, or default of any officer, agent or employee of

419 the Town; Town of Houston; PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman shall may

420 impose any fine in excess of Five Hundred Dollars ($500.00) $500.00 nor imprison any offender for more than sixty (60)

421 60 days, or both, except as otherwise provided in the Charter of the Town of Houston. this Charter. The Alderman and the

422 Assistant Alderman may, in addition to any other fine or term of imprisonment permitted to be assessed or imposed, impose

423 and collect such costs as are set by Ordinance or Resolution of the Town Council of the Town of Houston; Council;

424 PROVIDED, HOWEVER, that no costs shall may be imposed which are in excess of that which may be imposed by a

425 Justice of the Peace for like service.

426  (e) The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the Town Council

427 reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer of the Town

428 all such fines and penalties.

429  (f) The Alderman and the Assistant Alderman shall receive such a salary as may be fixed from time to time by

430 Resolution of the Town Council.

431  (g) If any Alderman or Assistant Alderman shall be is removed from office as hereinbefore provided, he the

432 Alderman or Assistant Alderman shall deliver to the Town Council, within two 2 days after his the Alderman or Assistant

433 Alderman’s removal from office, all the books and papers belonging to his the office, and to pay over to the Town Council

434 all moneys in his the Alderman or Assistant Alderman’s hands within five (5) 5 days after receiving the notice of his the

435 Alderman or Assistant Alderman’s removal from office. Immediately after the receipt of the books and papers belonging to

436 the office of either the Alderman or the Assistant Alderman, the Town Council shall require the auditor of the Town, Town

437 of Houston, appointed as hereinafter provided, to make an audit of the books and papers of the official so Alderman or

438 Assistant Alderman who has been removed from the office. Upon the neglect or failure to deliver all the books and papers

439 to the Town Council within the time specified by this Charter, or to pay over all of the moneys to the Town Council within

440 the time specified, the Alderman or Assistant Alderman, so removed, shall be deemed is guilty of a misdemeanor and upon

441 conviction thereof shall must be fined not less than Twenty-five Dollars ($25.00) $25.00 nor more than One Hundred

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442 Dollars ($100.00) $100.00 for each day he the removed Alderman or Assistant Alderman fails to deliver the books and

443 papers to the Town Council or to pay over all moneys to the Town Council.

444  Treasurer

445  Section 19.

446  (a) The Treasurer shall must be a citizen and resident of the said town Town of Houston, an owner of property in

447 the Town of Houston, and above the age of twenty-one at least 21 years of age old at the time of his the Treasurer’s

448 appointment.

449  (b) The Town Treasurer, before entering upon the duties of his the office, shall must be sworn sworn, or affirmed

450 affirmed, to faithfully and honestly perform the duties of his the office, which oath or affirmation shall must be

451 administered by the President, or acting President of Council. Mayor, the acting Mayor, the Town Solicitor, or a judge of

452 the State of Delaware.

453  (c) The Town Treasurer, before entering upon the duties of his office the office, shall also give bond to the Town

454 of Houston, with sufficient surety to be approved by the Town Council, in the penal sum of the amount in the municipal aid

455 account or in the amount of Five Thousand Dollars ($5,000.00) $10,000.00, whichever is greater, conditioned for the

456 faithful discharge of the duties of his the office and for the payment of his the Treasurer’s successor in office of all sums of

457 money belonging to said Town, the Town of Houston, which remain in his the Treasurer’s hands upon the settlement of his

458 the Treasurer’s accounts, to which bond condition shall must be annexed a warrant of attorney for the confession of

459 judgement judgment for said penalty.

460  (d) The Treasurer shall pay all orders drawn on him the Treasurer by order of said the Council out of any moneys

461 in his the Treasurer’s hands belonging to said Town. He the Town of Houston. The Treasurer shall settle his the Treasurer’s

462 accounts with said the Town Council annually by the end of the fiscal year, and oftener and at such other times as the Town

463 Council may require.

464  Collector Of Taxes The Town Tax Collector

465  Section 20.

466  (a) The Collector of Taxes shall Town Tax Collector must be a citizen and resident of the said Town of Houston,

467 an owner of property in the Town of Houston, above the age of twenty-one at least 21 years of age old at the time of his the

468 Town Tax Collector’s appointment. The Town Tax Collector, before entering upon the duties of the office, must be sworn,

469 or affirmed, to faithfully and honestly perform the duties of the office, which oath or affirmation must be administered by

470 the Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware shall administer the oath or

471 affirmation.

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472           (b) It shall be is the duty of the Town Tax Collector to collect all Town Taxes, water and sewer rents, charges for

473 electric current, trash service, and all other kinds of Town revenue, and to pay the same to the Town Treasurer as herein

474 otherwise provided.

475           (c) The Town Collector, Town Tax Collector, before entering upon the duties of his offices, the office, shall give

476 bond to the Town of Houston with sufficient surety to be approved by the Town Council, in the sum of the amount of the

477 municipal aid account, account or in the amount of $10,000.00, whichever is greater, conditioned for the faithful

478 performance of the duties of his the Town Tax Collector’s office, and the payment to the Treasurer of said the Town of

479 Houston of all moneys collected by him the Town Tax Collector belonging to said the Town of Houston from taxes, sewer

480 and water rents, electric current accounts, trash service, and all other Town of Houston revenue, and for the settlement of

481 his the accounts with the Treasurer of the Town at the end of each fiscal year, and oftener and at such other times as the

482 Town Council may require, to which bond and condition there shall must be annexed the usual full warrant of attorney for

483 confession of judgement judgment for said penalty.

484           Town Solicitor

485           Section 21.

486           The Mayor of the Town of Houston Mayor, with the advice and consent of a majority of the elected members of

487 the Town Council, shall select and appoint a Town Solicitor for an indefinite term who shall be term. The Town Solicitor is

488 removable at the pleasure of the Town Council of the Town of Houston either with or without due cause stated. The Town

489 Solicitor shall must be a member in good standing of the Bar of the State of Delaware, with offices in Kent County. It shall

490 be his duty to the State of Delaware. The Town Solicitor shall give legal advice to the Town Council and other officers of

491 the Town of Houston and to perform other legal services as may be required of him the Town Solicitor by the Town

492 Council.

493           Board Of Health

494           Section 22.

495           (a) The Board of Health shall consist of four (4) 4 members, one 1 of whom shall must be a practicing physician.

496 The Board Mayor shall be appointed by appoint the Mayor of the Town of Houston Board of Health, with the advice and

497 consent of a majority of the elected members of the Town Council Council, at the annual meeting hereinbefore provided

498 and shall serve for one (1) 1 year or until their the members’ successors are duly appointed and qualified. The Board of

499 Health shall have cognizance of and interest in the life and health of the people of the Town. of Houston. The Board of

500 Health shall report to the Town Council in writing whatever is deemed by the Board of Health to be injurious to the health

501 of the people of the Town of Houston and shall make recommendations to the Town Council concerning whatever may

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502 contribute to the health and sanitation of the citizens of the Town of Houston. The Board of Health shall organize by the

503 election of a Chairman and Secretary within ten (10) 10 days after notice of their the Board of Health’s appointment and

504 shall keep a record of their the Board of Health’s proceedings and acts. The Secretary shall be is the executive officer of the

505 Board. Board of Health.

506  (b) The Secretary of the Board of Health may be allowed a reasonable annual compensation for his the Secretary’s

507 services, which shall be is determined by the Town Council and no other compensation shall may be paid to the Secretary

508 for his the Secretary’s services as such. The Secretary may or may not be a member of the Board of Health appointed by the

509 Mayor, but he shall the Secretary must be a resident of the Town of Houston.

510  (c) The Board of Health shall have has the power to recommend the adoption of ordinances relating to the health

511 of the population of the Town of Houston or to prevent the introduction or spread of infectious or contagious diseases or

512 nuisances affecting the same and such ordinances, when adopted by the Town Council, shall extend to an area outside the

513 Town of Houston limits for a distance of one (1) 1 mile.

514  (d) If the Council Mayor fails to appoint a Board of Health, the five (5) Council members 5 Town

515 Councilmembers shall duly serve.

516  Police Force

517  Section 23.

518  (a) The Town Council shall, from time to time, make such rules and regulations as may be necessary for the

519 organization, government and control of the police force. The police force shall preserve peace and order and shall compel

520 obedience within the Town of Houston limits to the Ordinances of the Town of Houston and the laws of the State of

521 Delaware. The police force shall have has such other duties as the Town Council shall, from time to time, prescribe. The

522 Chief of Police and the members of the police force shall be are subject to the direction of the Police Commission of the

523 Town Council.

524  (b) Each member of the police force shall have has police powers similar to those of constables within the Town of

525 Houston limits and within one (1) 1 mile outside said the limits and shall be are conservators of the peace throughout the

526 Town of Houston. They Each member of the police force shall suppress all acts of violence and enforce all laws relating to

527 the safety of persons and property and shall compel the enforcement of all laws enacted by the Town Council of the Town

528 of Houston. Council. In the case of a pursuit of an offender, the power and authority of the police force shall extend extends

529 outside the territorial limitations of the Town of Houston to all parts of the State of Delaware.

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530  (c) Every person sentenced to imprisonment by the Alderman or Alderman, the Assistant Alderman Alderman, or

531 a Justice of the Peace, as the case may be, shall must be delivered by a member of the police force to the correctional

532 institution located in Kent County to be there imprisoned for the term of his the person’s sentence.

533  (d) In the case of an arrest at any time when the Alderman or the Assistant Alderman of the Town of Houston shall

534 is not be available available, or if no such the Alderman or Assistant Alderman has not been appointed, the person arrested

535 may be taken before the nearest Justice of the Peace with offices in Kent County who shall hear and determine the charge,

536 and who, in such case, is vested with all the authority and powers granted by this Charter under the Alderman or the

537 Assistant Alderman. In the case of an arrest at a time when the Alderman or Alderman, the Assistant Alderman Alderman,

538 or the Justice of the Peace shall is not be available to hear and determine the charge, the person arrested may be delivered to

539 the a correctional institution located in Kent County for imprisonment until such a reasonable time thereafter as shall enable

540 when the Alderman or Alderman, the Assistant Alderman Alderman, or the Justice of the Peace is able to hear and

541 determine the charge against such the person.

542  (e) It shall be is the duty of the police force to suppress riotous, disorderly disorderly, or turbulent assemblages of

543 persons in the streets of the Town of Houston or the noisy conduct of any person in the same. Upon the view of the above

544 or upon view of the violation of any Ordinance of the Town of Houston relating to peace and good order thereof, the police

545 force shall have has the right and power to arrest without warrant.

546  Annual Audit

547  Section 24.

548  At the annual meeting hereinbefore provided, the Mayor, with the advice and consent of a majority of the elected

549 members of the Town Council, shall appoint Auditor an auditor of accounts for the Town of Houston. It shall be the duty of

550 the to The auditor shall audit the accounts of the Town of Houston and all its officers whose duty involves the collection,

551 custody custody, and payment of moneys to the Town. Town of Houston. The auditor shall audit the books of the Alderman

552 and the Assistant Alderman of the Town of Houston, the records of all fines, penalties, and costs imposed or collected by

553 him the Alderman pursuant to any judgement, order judgment, order, or decree made. The auditor shall annually make and

554 deliver a detailed report of any and all accounts, records records, and books by them examined and audited which report,

555 shall by the auditor. The report must be available to any resident and/or or taxpayer of the Town of Houston. The auditor, in

556 the performance of his the auditor’s duties, shall have may access to all records and accounts of the offices of the Town

557 Council, and he is hereby authorized and empowered to the auditor may employ such clerks as in his judgement the

558 auditor’s judgment may be necessary in the proper performance of his the auditor’s duties.

559  Board Of Assessment

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560  Section 25.

561  (a) The Mayor shall appoint the Board of Assessment shall be appointed by the Mayor of the Town of Houston,

562 Assessment, with the advice and consent of a majority of the elected members of the Town Council, for an indefinite term.

563 The Board of Assessment shall consist of three (3) 3 members, all of whom shall must be over the age of twenty-one (21)

564 years, at least 21 years old, bona fide residents of the Town of Houston Houston, and freeholders of the Town. Town of

565 Houston.

566  (b) They shall The Board of Assessment members must be sworn or affirmed by the Mayor of the Town of

567 Houston or by a Notary Public to perform their the Board of Assessment’s duties with fidelity and without favor. It shall be

568 their is the Board of Assessment’s duty to make a fair and impartial assessment of property and persons subject to taxation

569 situate within the corporate limits of the Town of Houston and to perform such other duties and reference thereto as shall

570 may be prescribed from time to time by the Town Council of the Town of Houston. Council. Compensation to be received

571 by them the Board of Assessment for the performance of their the Board of Assessment’s duties in the hiring of employees

572 to assist them the Board of Assessment in the performance of their the Board of Assessment’s duties shall be is fixed by

573 and subject to the approval of the Town Council of the Town of Houston. Council.

574  (c) In making such assessment, the rules and exemptions now applicable by law to the making of the assessment

575 for Kent County of persons and property shall be are applicable insofar as consistent with the provisions of this Charter.

576  Assessment Of Taxes

577  Section 26.

578  (a) The Board of Assessment shall, within ninety (90) 90 days prior to the beginning of the next fiscal year, make a

579 just, true true, and impartial annual valuation or assessment of all real estate and improvements located thereon located

580 within the Town of Houston. All real estate shall must be described with sufficient particularity to be identified. Real estate

581 shall must be assessed to the owner or owners if he or they be the owner or owners are known. If the owner or owners of

582 real estate cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or

583 owners or a wrong name or an assessment to "owner unknown", shall does not affect the validity of the assessment of any

584 municipal tax or assessment based thereon; PROVIDED, HOWEVER, the assessment shall must specify the last record

585 owner or owners thereof as the same shall appear from the records in the Office of the Recorder of Deeds in and for Kent

586 County. The Board of Assessment shall also make a personal assessment of all male and female citizens of the Town of

587 Houston above the age of eighteen (18) 18 years, whether an owner of real estate or not, said the personal assessment shall

588 must be determined by the Town Council and certified to the Board of Assessment. Said The personal assessment or per

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589 capita tax shall be is in addition to the assessment levied on real estate owned or assessed by any person or persons

590 whomsoever.

591  (a) (b) The Board of Assessment Assessment, after making such the annual assessment, shall, at least ninety (90)

592 90 days prior to the end of the fiscal year, deliver to the Town Council of the Town of Houston a list containing the names

593 of all persons assessed and the amount of assessment against each. They The Board of Assessment shall also deliver at such

594 time as many copies of said the list as the Town Council shall direct.

595  (b) (c) The annual assessment shall must distinguish the real and personal assessment of each person and shall also

596 must be arranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate columns

597 or spaces. In making this assessment, the Board of Assessment shall make its valuation accordingly.

598  (c) (d) The real property of the several members of the Board of Assessment shall must be assessed by the Town

599 Council of the Town of Houston. Council.

600  (d) (e) Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council of

601 the Town of Houston shall cause a full and complete copy of the same, containing the amount assessed to each taxable to be

602 hung posted in a public place in the Town of Houston, and there it shall must remain for a period of at least ten (10) 10 days

603 for the information of and examination by all concerned. Appended thereto and also in public places in said the Town shall

604 of Houston must be posted notices advertising to all concerned that, upon a certain day mentioned therein and not earlier

605 than ten (10) 10 days after the date of posting of the true and correct copy of the annual assessment list and notices that, at

606 the next regular meeting of the Town Council, the Town Council will hold a court of appeals at which time and place they

607 the Town Council shall hear appeals from the said annual assessment. The decision of the Town Council sitting as the

608 Board of Appeals shall be final and conclusive, is final, and said the Town Council shall revise and complete said the

609 assessment at this sitting. No A member of the Town Council shall may not sit upon his the Town Councilmember’s own

610 appeal, but the same shall may be heard and determined by the other councilmen. Town Councilmembers.

611  (e) (f) All the members of the Board of Assessment shall must be present on the day fixed for hearing appeals and

612 shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect

613 to any assessment for which an appeal has been taken. The Town Council shall have has the authority to enforce the

614 attendance of the Board of Assessment by appropriate process.

615  (f) (g) In lieu of a Board of Assessment, the Town Council may, by majority vote, accept the tax listing of the Kent

616 County Board of Assessment, Assessment and Receiver of Taxes.

617  (g) (h) It will be the responsibility of the Mayor to present at the regular May Meeting of the Town Council, the

618 above current tax assessment from the records of the Kent County Board of Assessment and Receiver of Taxes.

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619  Levy Of Annual Taxes

620  Section 27.

621  (a) At the last regular meeting in the fiscal year, after having received a revised and completed the assessment,

622 assessment from Kent County, the Town Council shall determine, in its best judgement judgment and knowledge, the total

623 amount necessary to be raised by the Town of Houston to meet the fixed and anticipated expenses and obligations of the

624 Town, Town of Houston, including reasonable and appropriate reserves for the then current fiscal year as set forth in the

625 Town budget Budget for such year year, plus a reasonable amount to cover unanticipated expenses and emergencies.

626  (b) The Town Council should then proceed to determine, in its sole discretion, from which sources of the

627 authorized revenues of the Town of Houston the amount so determined by them shall the Town Council must be raised and,

628 within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.

629 They The Town Council shall then proceed to determine, assess, fix, and/or levy as follows:

630  (1) The rate of tax on real estate including improvements thereon per One Hundred Dollars ($100.00) $100.00

631  of the assessed value; and/or

632  (2) The amount of personal or per capita tax upon each citizen of the Town over the age of eighteen (18)

633  years; of Houston who is 18 years old or older; and/or

634  (3) The rate of tax upon all poles, construction, erections, wires wires, and appliances more particularly

635  mentioned, or intended so to be in Section 30 of this Charter as Charter, as amended; and/or

636  (4) The several rates to be charged for furnishing water service, sewer service, electric service, gas service,

637  trash collection service, and front footage assessment; and/or

638  (5) The fees or rates to be charged in respect to any other authorized source of revenue sufficient in their

639  judgement the Town Council’s judgment and estimation to realize the amount to be raised from each such source

640  determined by them to the Town Council to be used as aforesaid; PROVIDED, HOWEVER, that sources (4) and (5)

641  aforementioned may be determined, fixed, assessed, levied levied, and/or altered or changed upon other than a fiscal

642  year basis and that any regular or special meeting of the Town Council as the Town Council, in its own proper

643  discretion, shall determine.

644  (c) Immediately after the last regular meeting prior to the end of the each fiscal year of each and every year, the

645 Town Council shall make, or cause to be made, a full, true true, and correct Annual Tax List list showing the amount of tax

646 levied against each taxable thereon from sources (1), (2) (2), and (3) abovementioned. This list shall be is known as the

647 Annual Tax List of the Town of Houston. In addition to the information contained in the assessment list, it shall must also

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648 contain information as to the rate of tax upon real estate for each One Hundred Dollars ($100.00) $100.00 of assessed

649 valuation thereof.

650        (d) The Town Council shall cause to be delivered to the Town Tax Collector a duplicate of said the Annual Tax

651 List and the Town Tax Collector shall proceed to collect the same as hereinafter provided.

652        (e) Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee,

653 assessment assessment, or other charge lawfully levied, assessed assessed, or due the Town of Houston under existing laws

654 in reference to said the Town of Houston and the same are hereby declared to be valid, binding binding, and vested in the

655 Town of Houston created hereby.

656        (f) In the event that If any tax rate need be changed from the prior years, the Town Council shall hold two (2) 2

657 public hearings, (excluding regular meetings) concerning the changing of any tax rates. Said The public hearings must be

658 posted ten (10) 14 days prior, in four (4) 4 public places and in one (1) 1 newspaper having general circulation in the Town.

659 A Town of Houston. Any tax rate changes must be approved by a majority vote shall be taken by the council at two (2)

660 regular Council meetings prior to the tax rate changes. of the Town Council.

661        Collection Of Annual Taxes

662        Section 28.

663        (a) The Town Tax Collector, as soon as the Town Council shall have has placed in his the Town Tax Collector’s

664 hands a duplicate Annual Tax List, shall proceed on or before July 1, of the year to collect the taxes on said the duplicate

665 list.

666        (b) All taxes so laid or imposed by the Town of Houston in the such Annual Tax List shall be and constitute is a

667 lien upon all the real estate of the taxable for a period of ten (10) 10 years against or upon whom such the taxes are laid or

668 imposed, of which such the taxable was seized or possessed at any time after such taxes shall have been levied and imposed

669 that is situate within the Town of Houston. Such lien shall have has preference and priority to all other liens on such real

670 estate, as aforesaid, created or suffered by the said taxable, although such the other lien or liens be of a time and date prior

671 to the time of the attaching of such the lien for taxes.

672        (c) All taxes, when and as collected by the Town Tax Collector, shall must be paid to the Town of Houston, and all

673 taxes shall be are due and payable at and from the time of the delivery of the Annual Tax List to the Town Tax Collector.

674        (d) In the collection of said taxes, there shall be is an abatement of three percent (3%) 3% on any taxes paid on or

675 after the first day of July 1 and prior to the last day of August. August 31. On all taxes paid after October 1st 1 there shall

676 be is an additional sum of one and one half percent (1 1/2%) 1 1/2% interest per month as a penalty for each month or

677 fraction thereof such of a month that the taxes shall remain unpaid and said unpaid. The penalty shall be is collected in the

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678 same manner as the original amount of the tax. The town Town Council shall have the power to may make just allowances

679 for delinquencies in the collection of taxes. All taxes unpaid after the 1st of October shall be October 1 are considered

680 delinquent. In effecting a collection of any delinquent tax tax, the Town Council may impose a collection charge not to

681 exceed eighteen percent (18%) 18% of the amount of the tax and any interest or penalty imposed thereon.

682  (e) The Town Council may, by ordinance, establish a tax exemption for any town Town of Houston resident who

683 has reached the age of sixty-five (65) who is 65 years old or older and who has applied to the county Kent County for a tax

684 exemption which will exempt said the resident from town Town of Houston property tax for assessments up to $4,000.00.

685  (f) When any tax has become delinquent, the Town Council may direct the Mayor, treasurer, tax collector, the

686 Treasurer, the Town Tax Collector, or other council Member Town Councilmember to, in the name of the Town of

687 Houston, institute suit before any a Justice of the Peace, or in the court Court of Common Pleas of the State of Delaware, or

688 in the Superior Court of the State of Delaware, for the recovery of the unpaid delinquent tax in an action of debt, and upon

689 judgment obtained, obtaining a judgment, may sue out writs of execution as in other judgments recovered before a Justice

690 of the Peace, or in the Court of Common Pleas, or in the Superior Court as the case may be.

691  (g) However, should the Town Tax Collector so elect, he is empowered to the Town Tax Collector may sell the

692 lands and tenements of the delinquent taxpayer or the lands and tenements of a delinquent taxpayer alienated subsequent to

693 the levy of the tax by the following procedure:

694  (1) The Town Tax Collector shall present, in the name of the Town of Houston, to the Superior Court of the

695  State of Delaware, in and for Kent County, a petition in which shall be stated: that must be signed by the Town Tax

696  Collector and verified before a Notary Public. The petition must state:

697  (A) a. The name of the taxable;

698  (B) b. The year for in which the tax was levied;

699  (C) c. The total amount due;

700  (D) d. The total amount due;

701  (E) e. The date from which interest and the penalty for nonpayment shall commence commenced and the

702  rate of such interest and penalty and any collection charge permitted;

703  (F) f. A reasonable, precise description of the lands and tenements proposed to be sold;

704  (G) g. A statement that the bill of said the tax has been mailed to the taxable property owner at his the

705  property owner’s last known post office address address, by certified mail with return receipt requested by

706  certified mail and postage prepaid;

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707               (H) h. That it has been found impractical to attempt to collect the said tax by any other remedy

708  hereinbefore provided. The petition shall be signed by the Town Tax Collector and shall be verified before a

709  Notary Public. provided under this Charter.

710  (2) At least ten (10) 10 days prior to the filing of any such petition as described herein, the Town Tax

711  Collector shall deposit in the mail, in a sealed and stamped envelope and addressed to the taxable at his the taxable’s

712  last known address requiring a registered receipt returnable, address, return receipt requested, an itemized statement of

713  the tax due, together with all interest, penalties, collection charges, and costs then due thereon, together with a notice to

714  the delinquent taxpayer that he the Town Tax Collector shall proceed to sell the lands and tenements of the taxpayer for

715  the payment of the tax. The Town Tax Collector shall exhibit the return registry receipt to the Superior Court by filing

716  the same return receipt with the petition; PROVIDED, HOWEVER, that if the taxpayer cannot be found, it shall be is

717  sufficient for the Town Tax Collector to file with said the petition the evidence that such the statement has been mailed

718  in accordance with this Subsection and has been returned.

719  (3) Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the

720  Superior Court, in and for Kent County, and shall endorse upon the said record of said the petition the following: "This

721  petition, filed the day of , A.D._, and the Town Tax Collector of the Town of Houston is hereby authorized to proceed

722  to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the

723  amount due." This endorsement shall must be signed by the Prothonotary.

724  (4) Any sales of lands and tenements of a delinquent taxpayer shall must be advertised in public places in the

725  Town of Houston and by printing the publishing notice of said the sale at least one (1) 1 time in a newspaper of general

726  circulation in the Town. Town of Houston. The notice shall must contain the day, hour, place of sale sale, and a short

727  description of the premises sufficient to identify the same. The handbills shall must be posted at least ten (10) 10 days

728  before the day fixed for the sale and the newspaper advertisement shall must be published at least one (1) 1 week

729  before the day of the sale.

730  (5) Each sale of lands and tenements shall must be returned to the Superior Court of the State of Delaware, in

731  and for Kent County, at the next term thereof following the sale, and the court Superior Court shall inquire into the

732  circumstances and either approve or set aside the sale. If the sale be is approved, the Town Tax Collector making the

733  sale shall make a deed to the purchaser which shall convey conveys the right, title title, and interest of the delinquent

734  taxpayer or his the taxpayer’s alienee; if the sale be is set aside, the Superior Court may order another sale and so on

735  until the tax be collected. The petition, return return, and deed shall be are presumptive evidence of the regularity of the

736  proceeding.

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737  (6) No A sale shall may not be approved by the Superior Court if the owner be is ready at court to pay the

738  taxes, penalty, collection fees fees, and cost; no cost. A deed shall may not be made prepared until the expiration of one

739  (1) 1 year from the date of the sale sale, within which time the owner, his the owner’s heirs, executors, or assigns, shall

740  have the power to may redeem the lands on payment by paying to the purchaser, his or the purchaser’s personal

741  representatives or assigns, the costs, the amount of the purchase price, and twenty percent (20%) 20% interest thereon

742  thereon, and the expense of having the deed prepared.

743  (7) After satisfying the tax due and the costs of expense of sale from the proceeds of sale, the amount

744  remaining shall must be paid to the owner of the land, upon the refusal of the said owner to accept said the residue, or

745  if the owner is unknown or cannot be found, the amount remaining shall must be deposited in some a bank in used by

746  the Town of Houston in the Town of Houston’s banking either to the credit of the owner or in a manner in which the

747  fund account may be identified.

748  (8) In the sale of lands for the payment of delinquent taxes, the following costs shall be allowed to any fees,

749  costs, and expenses, including attorney’s fees, court costs, sheriff fees, and filing fees, may be deducted from the

750  proceeds of the sale or chargeable against the owners, as the case may be: be.

751  (A) To the Prothonotary for filing and recording the petition, One Dollar ($1.00);

752  (B) For filing and recording the return of sale, One Dollar and Fifty Cents ($1.50);

753  (C) To the Town Tax Collector for preparing the Certificate, Twenty-Five Cents ($.25), for making the

754  sale of lands, Two Dollars ($2.00), for preparing and filing a return, One Dollar and Fifty Cents ($1.50), for

755  posting sale bills, One Dollar ($1.00). In addition, the costs of printing handbills, the publication of the

756  advertisement of sale in a newspaper, and the auctioneer's fee shall be chargeable as costs. The costs of the deed

757  shall not be chargeable as costs, by shall be paid by the purchaser of the property of the delinquent taxpayer. The

758  total of any Delaware transfer tax shall be paid by the purchaser of said lands at the tax sale.

759  (9) If the owner of any lands and tenements against which a tax shall be is levied and assessed shall be is

760  unknown, this fact shall must be stated in the advertisement of the sale.

761  (10) If any person is assessed for several parcels of land and tenements in the same assessment in the Town of

762  Houston, the total of said the taxes may be collected from the sale of any part or portion of said the lands and

763  tenements, provided that the land alienated by the delinquent taxpayer shall may not be sold until other property of the

764  taxpayer shall have has been disposed of and there still remains a delinquency.

765  (11) In the event of death, resignation resignation, or removal from office of the Town Tax Collector of the

766  Town of Houston before the proceedings for the sale of lands shall have has been completed, his the Town Tax

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767  Collector’s successor in office shall succeed to all of his the Town Tax Collector’s powers, rights rights, and duties in

768  respect to said the sale. In the event of the death of the purchaser of said the sale prior to his the purchaser receiving a

769  deed for the property purchased thereat, property, the person having right under him the purchaser by consent, devise,

770  assignment, or otherwise, may refer to file with the Superior Court of the State of Delaware, in and for Kent County, a

771  petition representing the facts and praying for an order authorizing and requiring the Town Tax Collector to execute

772  and acknowledge a deed conveying to the petitioner the premises so sold property or a just portion thereof; and

773  thereupon the court Superior Court may make such order touching the conveyance of the premises as shall be

774  according to justice and equity.

775           (12) The Town Tax Collector shall have the right to has the same authority to require the aid or assistance of

776  any person or persons in the performance of his the Town Tax Collector’s duty of sale which the Sheriff of Kent

777  County now has by law or may hereafter have.

778  Town Budget

779  Section 29.

780  (a) The fiscal year for the Town of Houston shall be is as determined by Resolution of the Town Council.

781  (b) Annually each Each year at the regular May Meeting of the Town Council, the Mayor shall present a rough

782 draft of the Town Budget for consideration by the Council members. Town Councilmembers. From this rough draft, the

783 Town Council shall, at the regular June meeting, by majority vote, adopt a final Town Budget for the ensuing fiscal year,

784 containing the financial plan for conducting the affairs of the Town of Houston for the ensuing fiscal year.

785  (c) The budget shall Town Budget must contain the following information:

786           (1) A detailed estimate showing the expense of conducting each department and office of the Town of

787  Houston for the ensuing fiscal year;

788           (2) The value of supplies and materials on hand, together with the nature and kind of machinery or other

789  implements and the condition thereof;

790           (3) The amount of the debt of the Town, Town of Houston, together with the schedule of maturities of Bond

791  issues;

792           (4) An itemized statement of all other estimated expenses to be incurred in the affairs of the Town -for Town

793  of Houston for the ensuing fiscal year;

794           (5) A statement of the amount required for interest on the bonded debt, the amount necessary to pay any bond

795  maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds";

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796            (6) An estimate of the amount of money to be received from taxes, water rents, sewer service charges, front

797       foot assessments, license fees and all other anticipated income of the Town of Houston from any source or sources

798       whatsoever.

799       (d) The Town Council shall, so far as possible, adhere to the budget so adopted Town Budget in the making of

800 appropriations.

801       (e) The budget shall Town Budget must be posted in four (4) 2 public places in the Town of Houston and on the

802 Town of Houston’s website within one 1 week following its adoption, and shall must be available for any resident and/or or

803 taxpayer.

804       Enumeration Of Powers

805       Section 30.

806       (a) Not by way of limitation upon the power vested in the Town Council of the Town of Houston to exercise all

807 powers delegated by this Charter to the municipal corporation Town of Houston or to the Town Council except as may

808 expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the Town Council is

809 vested by this Charter with the following powers, to be exercised by the Town Council in the interest of good government

810 and the safety, health, and public welfare of the Town, Town of Houston, its inhabitants inhabitants, and affairs, that is to

811 say:

812            (1) To prevent vice, drunkenness drunkenness, and immorality;

813            (2) To provide for and preserve the health, peace, safety, cleanliness, ornament, good order order, and public

814       welfare of the Town of Houston and its inhabitants;

815            (3) To prohibit all gaming and fraudulent devices;

816            (4) To prohibit, restrain, license license, or regulate all public sports, exhibitions, shows, parades, productions,

817       circuses circuses, or other public performances, amusements amusements, and games;

818            (5) To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and

819       enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve,

820       dredge, erect, remove, repair repair, or replace any new or present street, highway, lane, alley, water course, park, lake,

821       crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline or portion thereof, or any new or present sidewalk, curb, or

822       gutter or portion thereof in the Town; Town of Houston; so specify the grade thereof, the materials to be used in the

823       doing thereof thereof, and the manner in which the same shall be is done; to enter into contacts or agreements for the

824       doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance, repair

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825  repair, and upkeep of any street, lane, alley, roadway roadway, or other public thoroughfare within the Town: Town of

826  Houston;

827  (6) To regulate or control the observance of the Sabbath Day;

828  (7) (6) To establish and regulate pounds and to restrain, prohibit prohibit, and impound any domestic or wild

829  animal, beast, bird bird, or fowl running at large, and to authorize the destruction relocation, rehousing, removal, or

830  disposal of the same;

831  (8) (7) To locate, regulate, license, restrain restrain, or require the removal of slaughter houses, wash houses,

832  laundries, canning establishments, phosphate, fish, fertilizer and manure plants or establishments, swine pens, privies,

833  water closets in any businesses or building building, or conditions detrimental to the public health or constituting a

834  public nuisance or of an offensive or a noxious nature;

835  (9) (8) To enforce the removal of ice, snow snow, or dirt or other foreign substance from sidewalks and

836  gutters by owners or abutting owners;

837  (10) (9) To prohibit, remove remove, or regulate the erection of any stoop, step, platform, bay window, cellar,

838  gate, area, descent, sign, post post, or any other erection or projection in, over, upon upon, or under any street,

839  highway, alley, lane, water course, park, lake, strand, sidewalks, sidewalk, crosswalk, wharf, dock, sewer, drain,

840  aqueduct, or pipeline of the Town; Town of Houston;

841  (11) (10) To define, prevent, abate abate, or remove nuisances, obstructions obstructions, or any other

842  condition detrimental to the public safety, health health, or welfare;

843  (12) (11) To provide an ample supply of pure water for the Town of Houston and its inhabitants and to this

844  end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control control, and dispose of

845  wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants hydrants, and all other

846  equipment, property property, or rights used in or about the collection, storage, purification, conveyance, or

847  distribution or sale of water; to regulate and prescribe for what public or private purposes the water furnished by the

848  Town of Houston may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby

849  such the amounts shall are to be collected collected, and the fines or penalties, or both, for any wilful willful or

850  negligent injury, injury or damage to to, or interference with with, the water system or the equipment, property

851  property, or rights of the Town; Town of Houston; to furnish or refuse to furnish water from the Town of Houston

852  system to places and properties outside the Town of Houston limits; and to contract for and purchase water and

853  distribute the same to users within or without the Town of Houston with the same full powers as though such water had

854  been initially reduced to usefulness by the municipality itself. Town of Houston itself;

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855  (13) (12) To provide, construct, extend, maintain, manage manage, and control a sewer system system, and/or

856  a sewage treatment and disposal plant and facilities for the health, sanitation sanitation, and convenience of the

857  inhabitants of the Town; Town of Houston; to regulate and prescribe for what private or public uses or purposes the

858  system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such the

859  amounts shall are to be collected collected, and the fines or penalties or both, for any wilful willful or negligent injury

860  or damage to, or interference with with, the said system, plan plant, or facilities. To facilities; to furnish or refuse to

861  furnish sewer disposal service from the Town of Houston system to places and properties outside the Town limits. In of

862  Houston limits; in the interest of the public's health, to compel any and all properties in the Town of Houston to be

863  connected to the sewer system of the Town; Town of Houston; and to contract for and purchase sewer disposal service

864  and to resell the same to users within or without the Town of Houston with the same full powers as though such service

865  had been initially provided by the facilities therefor of the Town itself. of Houston itself;

866  (14) (13) To provide, construct, extend, maintain, manage manage, and control the plant and system, or plants

867  and systems, for the generating, manufacturing manufacturing, and distributing of electric current or gas, or both, to the

868  inhabitants of the Town of Houston and for lighting the streets, highways, lanes, alleys, water courses, parks, lake,

869  strands, sidewalks, crosswalks, wharfs, docks, public buildings buildings, or other public places in the Town, Town of

870  Houston, and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control

871  control, and dispose of transmission and distribution lines, pipes, mains mains, and other conveyances for any such

872  electric current or gas as may be necessarily proper to light the Town, Town of Houston, and to furnish proper

873  connections for electric current and gas to the properties of the inhabitants of the Town of Houston who may desire the

874  same; to regulate and prescribe for what private or public purpose the electric current or gas furnished by the Town of

875  Houston may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such

876  amounts are to be collected collected, and the fines or penalties, or both, for any wilful willful or negligent injury or

877  damage to to, or interference with with, the electric or gas system or systems of the Town; Town of Houston; to furnish

878  or refuse to furnish electric current or gas from the Town's Town of Houston’s system or systems, systems to places

879  and properties outside the Town of Houston limits; and to contract for and purchase electric current or gas and

880  distribute the same to users within or without the Town of Houston with the same full powers as though such the

881  electric current or gas had been initially reduced to usefulness by the Town itself. of Houston itself;

882  (15) (14) To fully control within the Town of Houston the drainage of all water and to that end to alter or

883  change the course and direction of any natural water course, runs runs, or rivulet within the Town, Town of Houston;

884  to regulate, maintain, clean and keep the same open, clean and unobstructed, unobstructed; and to provide, construct,

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885  extend extend, and maintain, manage manage, and control a surface water drainage system and facilities for the health,

886  sanitation sanitation, and convenience of the inhabitants of the Town. Town of Houston;

887  (16) (15) To provide, construct, extend, maintain, manage manage, and control jetties, bulkheads,

888  embankments, flood gates, piers, or fills for the preservation of any strand or high land within the limits of the Town of

889  Houston and contiguous thereto to the end that the same may be preserved, and the property protected that the general

890  public might enjoy the use thereof. thereof;

891  (17) (16) To grant franchises or licenses to any responsible person, firm, association association, or

892  corporation for such period of time, upon such terms, restrictions, stipulations stipulations, and conditions and for such

893  considerations as the Town Council shall deem deems in the best interest of the municipality, Town of Houston, to use

894  the present and future streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks,

895  wharfs, docks docks, and other public places of the Town of Houston for the purpose of furnishing heat, light, power,

896  gas, water, sewer, drainage, electric current, telephone, telegraph, television, railroad excepting railroads or railways

897  engaged in Interstate Commerce, bus, taxi taxi, or other transportation, carrier carrier, or public service to the Town,

898  Town of Houston unto the persons, firms, or corporation residing or located therein and for the purpose of transmitting

899  the same from or through the Town of Houston to points outside the limits thereof, and for the purpose of erecting

900  wharfs and piers and for the purpose of vending any article or merchandise upon or from any vehicle upon any present

901  and future street, highway, lane, alley, etc.; provided that no but an exclusive franchise or license shall may not be

902  granted for any such purpose to any person, firm, association association, or corporation whomsoever;

903  (18) (17) To regulate and control the exercise of any license or franchise mentioned in Section 30 of this

904  Charter, this Section, or intended so to be;

905  (19) (18) To direct, regulate regulate, and control the planning, rearing, treatment treatment, and preserving of

906  ornamental shade trees in the streets, avenues, highways, parks parks, and grounds of the Town of Houston and to

907  authorize or prohibit the removal or destruction of said the trees;

908  (20) (19) To direct the digging down, draining, filling up, cleaning, cutting cutting, or fencing of lots, tracts,

909  pieces or parcels of ground in the Town of Houston which may be deemed dangerous or unwholesome or necessary to

910  carry out any improvements authorized by this Charter;

911  (21) (20) To provide for or regulate the numbering of houses and lots on the streets and the naming of streets

912  and avenues;

913  (22) (21) To regulate, control control, or prevent the use or storage of gun powder, fireworks, tar, pitch, resin,

914  and all other combustible materials and the use of candles, lamps, and other lights in stores, shops, stables stables, and

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915  other places; to suppress, remove remove, or secure any fireplace, stove, chimney, oven, broiler, or other apparatus

916  which may be dangerous in causing fires;

917  (23) (22) For the prevention of fire and the preservation of the beauty of the Town, Town of Houston, to

918  regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a Code for

919  the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected;

920  to zone or district the Town of Houston and make particular provisions for particular zones or districts with regard to

921  building or building material; and generally to exercise all powers and authorities vested in the legislative body of

922  cities and incorporated towns under any by virtue of 22 Del. Laws, c. 3, of 1974, and all amendments heretofore or

923  hereafter adopted; 22 Del. C. § 301 et seq.;

924  (24) (23) To acquire, build, erect erect, and maintain a suitable place as a lock-up or jail for the Town of

925  Houston which shall is to be used as a place of detention for persons convicted of violation of law or ordinance, or for

926  detention of persons accused of violation of law or ordinances for a reasonable time in cases of necessity prior to

927  hearing and trial; and to provide for the restraint; support restraint, support, and employment of paupers, beggars, and

928  vagrants; provided that any correctional institution located in Kent County may be used for any such purpose;

929  (25) (24) To acquire, build, erect erect, and maintain buildings and facilities necessary or required for housing

930  and equipping the offices of the Town; Town of Houston;

931  (26) (25) To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, bean shooters, and

932  any other devices for discharging missiles which may cause bodily injury injury, or injury or harm to property; and to

933  regulate or prevent the use of fireworks, bombs bombs, and detonating works of all kinds;

934  (27) (26) To provide for the punishment of a violation of any ordinance of the Town of Houston by fine or

935  imprisonment, or both, not exceeding Five Hundred Dollars ($500.00) or sixty (60) $2,500.00 or 60 days, or both;

936  (28) (27) To provide for the organization of a fire department and the control and government thereof; to

937  establish fire limits and to do all things necessary for the prevention or extinguishment of fires; and at the discretion of

938  the Town Council to contribute, donate donate, or give an amount unto any volunteer fire company or companies

939  incorporated under the laws of the State of Delaware, or any volunteer fire association or associations maintaining and

940  operating fire fighting equipment and service to the Town; Town of Houston; provided that any such contribution,

941  donation donation, or gift may be made subject to such conditions and stipulations as to the use thereof as the Town

942  Council shall deem deems advisable;

943  (29) (28) To purchase, take take, and hold real and personal property when sold for any delinquent tax,

944  assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of the abatement of nuisances

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945  and the like, laying out and repairing sidewalks, curbs curbs or gutters, fines, property violation charges, trash bills, or

946  other charges due to the Town of Houston and to sell the same;

947  (30) (29) To levy and collect taxes for any and all municipal purposes upon all real estate and improvements

948  located thereon; PROVIDED, HOWEVER, that the amount to be raised from this course shall not exceed in any one

949  year the sum of Five Hundred Thousand Dollars ($500,000.00); and provided further that there shall be no limitation

950  upon the amount which may be raised from the taxation of real estate for the payment of interest on and principal of

951  any bonded indebtedness whether hereinbefore or hereafter incurred;

952  (31) (30) To levy and collect a personal or per capita tax upon all persons resident within the corporate limits

953  residents of the Town of Houston to be used for any and all municipal purposes;

954  (32) (31) To levy and collect taxes upon all telephone, telegraph, cable, fiber optic, power poles, pipelines,

955  rail lines, or other constructions or erections of a like character, erected within the limits of the Town, Town of

956  Houston, together with the wire or other appliances thereto or thereon attached; expressly excepting all telephone,

957  telegraph, cable, fiber optic, power lines or poles poles, and rail lines owned or operated by any railroad or railway

958  company engaged in Interstate Commerce for any and all purposes purposes; and to this end may at any time direct the

959  same to be included in or added to the Town of Houston assessment. In case the owner or lessee of such construction

960  or erections, wires wires, or other appliances shall refuse or neglect refuses or neglects to pay the taxes levied thereon,

961  in addition to the remedies provided for the collection thereof set forth in Section 27 of this Charter, the Town Council

962  shall have has the authority to cause the same to be removed;

963  (33) (32) To license, tax tax, and collect fees annually for any and all municipal purposes (including the cost

964  and expense of advertising the Town) Town of Houston) of such various amounts as the Town Council from time to

965  time shall fix from any individual, firm, association association, or corporation carrying on or practicing any business,

966  profession profession, or occupation within the limits of the Town; Town of Houston; PROVIDED, HOWEVER, that

967  nothing contained herein shall be so construed as to make it mandatory upon any resident of the State to apply for a

968  license in order to sell in the Town of Houston any farm produce or products grown upon a farm owned by the vendor

969  or any member of his the vendor’s family with whom he the vendor resides;

970  (34) (33) To determine from which authorized source and in what proportion taxes shall are to be levied and

971  used each year to raise the revenue or funds required to meet the general expenses of the Town of Houston and all

972  funding, amortization amortization, and interest requirements on its outstanding bonds or other indebtedness;

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 973            (35) (34) To provide for the collection of and disbursement of all moneys to which the Town of Houston may
 974  become entitled by law, including licenses and fines where no provision for the collection and disbursement thereof is
 975  otherwise provided in this Charter;
 976
 977            (36) (35) To borrow money in the name of the Town of Houston for any proper municipal purpose and and, in
 978  order to secure the payment of the same same, to issue bonds or other forms or kinds of certificate or certificates of
 979  indebtedness, pledging the full faith and credit of the Town of Houston, or such other security or securities as the Town
 980  Council shall select for the payment of the principal thereof and the interest due thereon, all of which bonds or other
 981  kinds or forms of certificates of indebtedness issued by the Town shall be of Houston is exempt from all state, county
 982  or municipal taxes; PROVIDED, HOWEVER, that in no event shall may the indebtedness of the Town of Houston for
 983  any and all purposes at any one 1 time exceed in the aggregate twenty-five percent (25%) 25% of the assessed value of
 984  all real estate in the Town of Houston subject to the assessment for the purpose of levying the annual tax hereinbefore
 985  mentioned;
 986
 987            (37) (36) To acquire, and/or to vacate the use of lands, tenements, personalty, property, easements, rights of
 988  way, or any interest in property, either within or without the limits of the Town, Town of Houston, by way of
 989  condemnation and eminent domain for any proper and lawful municipal purpose or whenever required properly to
 990  carry out, exercise exercise, or fulfill any power conferred upon or delegated to the Town of Houston by this Charter.
 991  Proceedings by way of condemnation in any case shall be are as prescribed in 10 Del. Laws, c. 61, of 1974, as
 992  heretofore or hereafter amended; 10 Del. C. § 6101 et seq.;
 993
 994            (38) (37) To appropriate money to pay the debts, liabilities liabilities, and expenditures of the Town, Town of
 995  Houston, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one 1
 996  fund to another fund of the Town of Houston in case of emergency;
 997
 998            (39) (38) To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge, or
 999  other amount due to the Town of Houston by the performance of labor or service for the Town of Houston by any
1000  person owing the same;
1001
1002            (40) (39) To inquire into and investigate the conduct of any officer, agent agent, or employee of the Town of
      Houston or any municipal affair and for such purpose or purposes may subpoena witnesses, administer oaths or
      affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by
      subpoena;

                (41) (40) To establish by Ordinance duly adopted pursuant to this Charter a Pension Plan or a Health and
      Welfare Plan, or both, for the employees of the Town of Houston under such terms and conditions as the Town

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1003  Council, in its discretion, may deem most appropriate; PROVIDED, HOWEVER, that any annual appropriation which
1004  is made by the Town Council under any such Pension Plan or any Health and Welfare Plan, or both, shall may not
1005  exceed a maximum of fifteen percent (15%) 15% of the total annual payroll of the Town; Town of Houston; and
1006  provided further, that the method of funding may, if deemed desirable by the Town Council, be accomplished through
1007  an insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a
1008  majority of the elected members of the Town Council;
1009
1010            (42) (41) To borrow money in anticipation of revenues on the full faith and credit of the Town of Houston
1011  sum or sums not exceeding One Hundred Thousand Dollars ($100,000.00) $500,000.00 in any one 1 year when, in the
1012  opinion of a majority of the Town Council of the Town of Houston, Council, the needs of the Town of Houston require
1013  it. Any sum so borrowed shall must be secured by promissory notes of the Town of Houston, duly authorized by
1014  Resolution adopted by the Town Council of the Town of Houston, and Council, signed by the Mayor of the Town of
1015  Houston, Mayor, and attested by the Secretary of the Town Council with the Town of Houston corporate seal affixed,
1016  and no officer or member of the Town Council shall be is liable for the payments of such notes because it is signed by
1017  them the officer or Town Councilmember as officers of the Town of Houston and is authorized by the resolution of the
1018  Town Council; PROVIDED, HOWEVER, that the total sum outstanding at any one time shall may not exceed One
1019  Hundred Thousand Dollars ($100,000.00); $500,000.00; and provided further, that any sum of money so borrowed, as
1020  aforesaid, in any fiscal year shall must be paid to the general fund of the Town of Houston and shall can be completely
1021  repaid at any time, but must be completely paid at the end of ten (10) 20 fiscal years following the first fiscal year
1022  when said the sum or sums were borrowed with interest thereon; and provided that such ad valorem taxes shall may be
1023  levied as is necessary to pay the principal or the interest on said the bonds as is required without regard to any other
1024  limitation concerning the maximum rate of taxation and such notes and the interest thereon shall be are exempt from all
1025  taxation by the State of Delaware or by any political subdivision, agency agency, or subdivision thereof;
1026
1027            (43) (42) To make, adopt adopt, and establish all such Ordinances, Regulations, Rules, and By-Laws not
1028  contrary to the laws of this state State and the United States of America as the Town Council may deem necessary to
1029  carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal
1030  corporations or which they may deem proper and necessary for the good government of the Town, Town of Houston,
1031  the protection and preservation of persons and property, and of the public health and welfare of the Town of Houston
      and its inhabitants; PROVIDED, HOWEVER, that any Ordinance relating to the public health of the Town of Houston
      and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases or to prevent

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1032       nuisances affecting the same shall apply applies not only within the corporate limits of the Town of Houston but as
1033       well to all areas and persons outside the Town of Houston within one (1) 1 mile from said the limits.
1034
1035            Streets
1036            Section 31.
1037            (a) The Town Council shall have has the power and authority to lay out, locate locate, and open new Streets
1038  streets, or to widen and alter existing streets or parts thereof thereof, and to vacate or abandon streets or parts thereof,
1039  whenever Town Council shall deem it for the best interest of the Town. Town of Houston.
1040            (b) The procedure to be used for any of those things heretofore listed in this Section shall be are as follows:
1041
1042                  (1) Whenever five (5) 5 or more property owners in a portion of the Town of Houston directly affected or
1043       abutting on the proposed street to be opened, layed out, changed, altered, widened, vacated or closed or vacated or
1044       abandoned shall by written petition, with each signature duly acknowledged, request the Town Council to lay out,
1045       locate, or open a new street or to widen or alter any existing street street, or any part thereof thereof, or to vacate or
1046       abandon a street or any part thereof, the Mayor of the Town of Houston shall appoint a committee composed of not less
1047       than three (3) 3 of the elected members of the Town Council to investigate the possibility of changing the structure of
1048       said the streets in the Town. Town of Houston. The petition presented to the Town Council by the property owners
1049       shall must include a description of the property through which the proposed street shall is to be layed out laid out, or
1050       description of the street on which any of the other actions heretofore described shall is to take place and the reasons
1051       why the change in the structure of the streets of the Town of Houston should be undertaken; or the Town Council, by a
1052       majority vote of the elected members thereof, may, by resolution, propose that a committee composed of not less than
1053       three (3) 3 of its elected members be appointed by the Mayor to investigate the possibility of changing the street
1054       structure of the Town. Town of Houston;
1055
1056                  (2) Not later than ninety (90) 90 days following its appointment, the committee shall submit a report
1057       concerning its findings to the Mayor and to the Town Council. The report shall must contain the advantages and
1058       disadvantages to the Town caused by the changes of the street structure and shall contain the conclusion of said the
1059       committee either recommending or disapproving the change of said the street structure. If the report of the committee
1060       appointed by the Mayor recommends changing the existing street structure of the Town of Houston, the Council Town
1061       Council, by resolution, resolution passed by a majority of the elected members of the Town Council concurring therein,
           shall propose to the property owners and citizens of the Town of Houston that the Town Council proposes to change
           the street structure by opening a new street or by doing any of those things hereinbefore described to the existing street
           structure of the Town. Town of Houston. If the report of the committee appointed by the Mayor is not in favor of

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1062  changing the existing street structure of the Town of Houston, the resolution proposing the change in the street
1063  structure to the property owners and citizens of the Town of Houston shall must be passed by a majority of three-
1064  fourths (3/4ths) 3/4 affirmative vote of the elected members of the Town Council. The resolution shall must contain a
1065  description of the proposed change and shall must affix a time and place for a public hearing on the matter of changing
1066  the street structure. The resolution adopted by the Town Council shall be printed must be published in a newspaper
1067  having a general circulation in the Town of Houston or, in the discretion of the Town Council, the resolution shall must
1068  be posted in public places in the Town for at least one (1) 1 week before the time set for the public hearing. The notice
1069  shall must be published it at least one (1) 1 week prior to the date set for the public hearing. The resolution shall must
1070  also state the hour and place where and when the Town Council shall sit to hear objections and to award just and
1071  reasonable compensation to anyone who will be deprived of property by the proposed change in the existing street
1072  structure of the Town. Town of Houston.
1073
1074            (3) Whenever the Town Council shall have has determined to locate or lay out or widen any street, lane lane,
1075  or alley, and shall have has affixed compensation therefor, it shall be is the duty of the Town Council immediately after
1076  the survey and location of said the street, lane lane, or alley, to notify, by certified mail with return receipt requested
1077  and postage prepaid, the owner or owners of the real estate, through or over whom such street, lane lane, or alley may
1078  run, of their the Town Council’s determination to open or widen the same and to furnish a general description or
1079  location thereof; also the amount of compensation or damages allowed to each such property owner; if such owner be
1080  is not a resident of the Town, Town of Houston, to notify the holder or tenant of said the real estate and the owner of
1081  such the property if his the property owner’s address be is known; if there be is no holder or tenant resident in said
1082  Town, the Town of Houston, and the address of the owner be is unknown, or if there is a holder or tenant and the
1083  address of the owner is unknown, the said notice may be affixed to any part of the premises. If the owner be is
1084  dissatisfied with the amount of compensation or damages allowed by the Town of Houston as aforesaid said property
1085  owner may, within ten (10) days after such notice as aforesaid was posted or mailed, appeal from written notice of
1086  assessment or compensation or damages allowed by the Town as aforesaid; said aforesaid, the property owner may,
1087  within ten (10) 10 days after such notice as aforesaid was posted or mailed, appeal from written notice of assessment or
1088  compensation or damages by serving written notice, by certified mail with return receipt requested and postage
1089  prepaid, on the Mayor of the Town to the effect stating that he or she the property owner is dissatisfied with the amount
1090  of such the assessed compensation or damages, and that it is his or her the property owner’s intention to make written
1091  application to one 1 of the Judges of the Superior Court of the State of Delaware, in and for Kent County, for the
      appointment of a commission to hear and determine the matter in controversy; and in order to prosecute said the

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1092  appeal, such the owner shall, within fifteen (15) 15 days after serving said notice upon the Mayor as aforesaid, make
1093  written application to said Judge of the Superior Court of the State of Delaware, in and for Kent County, for the
1094  appointment of such a commission; and thereupon the said Judge shall issue and appoint a commission directed to five
1095  (5) 5 freeholders of said county, three (3) Kent County 3 of whom shall must be residents of the Town of Houston, and
1096  two (2) 2 of whom shall must be nonresidents of said Town, the Town of Houston, requiring them to assess the
1097  damages which the owner of the real estate through or over which the said street, lane lane, or alley shall pass, passes,
1098  or who shall have has suffered damage because of any other action taken by the Town of Houston pursuant to the
1099  provisions hereof, and who shall have has notified the said Town Council of their the property owner’s intention to
1100  appeal appeal, may incur by reason thereof, and to make a return of their proceeding to the said Judge at the time
1101  therein appointed.
1102
1103            (4) The freeholders named in such appointed to the commission, being first duly sworn or affirmed, shall view
1104  the premises and may, or a majority of them, the freeholders, shall assess the damages as aforesaid and shall make
1105  return in writing of their proceedings to the said Judge who shall deliver and return to the Town Council which shall be
1106  is final and conclusive. The said Judge shall have the power to may fill any vacancy in the commission. The amount of
1107  damages being so ascertained, the Town Council may pay or tender the same to the person or persons entitled thereto
1108  within thirty (30) 30 days after the same shall be is finally ascertained; or if the person or persons so entitled reside out
1109  of or are absent from the Town of Houston during the said period of thirty (30) 30 days, then the same shall must be
1110  deposited to her the person’s credit in the Wilmington Trust Company, with offices in Milford, Kent County,
1111  Delaware, bank used by the Town of Houston for the Town of Houston’s banking, within said time, the 30-day period,
1112  and thereupon the said property or lands may be taken or occupied for the use as aforesaid.
1113
1114            (5) If the ascertainement and assessment of damages by the freeholders appointed by the Judge as aforesaid
1115  shall be is increased, the cost of the appeal shall must be paid by the Town of Houston out of any money in the hands
1116  of the Town Manager Treasurer belonging to the Town; Town of Houston; but if said the damages shall are not be
1117  increased, the cost of the appeal shall must be paid by the party appealing. The said freeholder members of the
1118  commission shall receive and be entitled for each day's actual service or any part of a day the sum of Five Dollars
1119  ($5.00). $5.00. After the damage shall be is fixed and ascertained by the freeholders, the Town Council shall have has
1120  the option to pay the damages assessed within the time aforesaid, and to proceed with the said improvements, or upon
1121  the payment of the costs only, may abandon the proposed improvements. In the event that either party feels that the
      damages assessed are not just as being excessive or inadequate, an appeal may then be prosecuted by the Supreme
      Court of the State of Delaware.

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1122            Curbing And Paving
1123            Section 32.
1124            (a) Whenever the Town Council shall have has determined that any sidewalks, and/or curbing shall is to be done, it
1125  shall cause a notice to be sent to the owner or owners along or in front of whose premises the same is to be done,
1126  particularly designating the nature and character thereof, and thereupon it shall be is the duty of such the owner or owners
1127  to cause such paving of sidewalks and/or curbing to be done in conformity with said the notice. In the event any owner or
1128  owners neglect to comply with said notice for the space of thirty (30) 30 days, the said Town Council may proceed to have
1129  the same done and when done, the Town Council shall, as soon as convenient thereafter, present to the owner or owners of
1130  such the lands a bill showing expenses of such paving, graveling and curbing, or any of them. If such the owner or owners
1131  be is not a resident of the Town of Houston, such bills shall must be sent by certified mail with postage prepaid or to such
1132  the owner or owners directed to him, her or them the owner or owners at the last known address. If such bill be not paid by
1133  the owner or owners of such lands within sixty (60) 60 days after the presentation thereof as aforesaid, the Town Tax
1134  Collector shall proceed to collect the same in the same manner and under the same terms and conditions as are provided for
1135  the collection of delinquent taxes.
1136            (b) Any notice sent to one 1 co-owner shall be is notice to all owners and in the case no owners shall reside in said
1137  Town, Town of Houston, notice served as set forth herein or posted upon the premises shall be is sufficient.
1138            (c) The provisions contained herein shall apply to any order made by the Town Council in respect to any sidewalk
1139  or curb heretofore made or done which the said Town Council may deem insufficient or need repairing.
1140            (d) Any street paving and/or graveling shall be is the responsibility of the Town of Houston to maintain.
1141            Collection Of Charges Due The Town
1142            Section 33.
1143            (a) In the collection of any charges due the Town of Houston for water rentals, sewer service charges, electric
1144  bills, gas bills, trash collection fees, license fees, tapping fees, front foot assessments, charges growing out of the abatement
1145  of nuisances, laying out and repairing sidewalks, curbing, fines, property violation charges, or any of them, such charges
1146  shall become a first lien against all real estate of the delinquent property owners and/or taxpayers situate within the Town,
1147  Town of Houston, and such charges shall have preference and priority for a period of ten (10) 10 years from the date the
1148  charge became due and owing to all other liens on real estate created or suffered by the taxable and property owner,
1149  although such the other lien or liens be of a date prior to the time for the attaching of such the liens for such charges.
1150            (b) When any fees and/or or charges due the Town of Houston become delinquent, the Town Council may direct
1151  the Mayor, treasurer, tax collector, the Treasurer, the Town Tax Collector, or other Council Member Town Councilmember

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1152  to, in the name of the Town of Houston, institute suit before any a Justice of the Peace, or in the Court of Common Pleas of
1153  the State of Delaware, or in the Superior Court of the State of Delaware, for the recovery of the unpaid delinquent fees
1154  and/or charges, or charges in an action of debt, and upon a judgment obtained, obtaining a judgment, may sue out writs of
1155  execution as in other judgments recovered before a Justice of the Peace, or or in the Court of Common Pleas, or in the
1156  Superior Court as the case may be.
1157
1158            Power To Borrow Money And Issue Bonds
1159            Section 34.
1160            (a) The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the repayment
1161  thereof of debt on the faith and credit of the Town of Houston to provide funds for the erection, extension, enlargement,
1162  purchase purchase, or the repair of any plant, machinery, appliances, or equipment for the supply, or the manufacture and
1163  distribution of electricity or gas for light, heat heat, or power purposes; for the furnishing of water to the public, for the
1164  construction, repair repair, and improvements of highways, streets streets, or lane lanes or the paving, curbing curbing, or
1165  erection of gutters and curbs along the same; for the purchase of real estate for any municipal purpose; for the construction
1166  or repair of sewage disposal equipment; or to defray the cost or the Town of Houston’s share of the Town of the costs of
1167  any permanent municipal improvements; PROVIDED, HOWEVER, that the borrowing of money therefor shall must have
1168  been authorized for the Town Council in the manner following:
1169
1170                  (1) The Town Council by resolution shall propose propose, by resolution, to the residents and property owners
1171       of the Town of Houston that the Town Council proposes to borrow a certain sum of money for any of the purposes
1172       above stated. The resolution shall must state the amount of money desired to be borrowed, the purpose for which it the
1173       money is desired, the manner of securing the same, money, and all other pertinent facts relating to the loan which are
1174       deemed pertinent by the Town Council and in their Town Council’s possession at the time of the passage of the
1175       resolution and shall must fix a time and place for a hearing on the said resolution.
1176
1177                  (2) Notice of the time and place of the hearing on the resolution authorizing said the loan shall be printed must
1178       be published in a newspaper having a general circulation in the Town of Houston or distributed in circular form at least
1179       one 1 week before the time set for the public hearing.
1180
1181                  (3) Following the public hearing, a second resolution shall must then be passed by the Town Council ordering
           a special election to be held not less than thirty (30) 30 days nor more than sixty (60) 60 days after the said public
           hearing to borrow the said money, the said special election to be for the purpose of voting for or against the proposed
           loan. The passing of the second resolution calling a special election shall is, ipso facto be facto, considered the
           determination of the Town Council to proceed with the matter in at issue.

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1182            (4) The notice of the time and place of holding the said special election shall be printed in two (2) must be
1183  published in 2 issues of a newspaper having a general circulation in the Town of Houston within thirty (30) 30 days
1184  prior to the said special election, or both, at the discretion of the Town Council. election.
1185
1186            (5) At the said special election, every citizen of every property owner, whether an individual, a partnership, or
1187  a corporation, in the Town of Houston shall have one vote, and in addition, every partnership or corporation owning
1188  property within the corp orate limits of the Town of Houston shall also have one vote; and the said votes may be cast
1189  either in person or by proxy. has 1 vote. Every citizen of the Town of Houston who is 18 years old or older and who is
1190  not a property owner has 1 vote. In the case of a property owned by more than 1 individual, partnership, or corporation,
1191  each property owner has a vote equal to the percentage of the property owner’s interest in the property, but the
1192  collective vote of all property owners of the property may not exceed 1 vote. The books and records of the Town of
1193  Houston are conclusive evidence of the right of property owners and citizens to vote at the special election.
1194
1195            (6) The Town Council shall cause to be prepared, printed printed, and have available for distribution a
1196  sufficient number of ballots not less than five (5) 5 days prior to the said special election. The special election may, at
1197  the discretion of the Town Council, be conducted by the use of voting machines or by paper ballot. The Mayor of the
1198  Town of Houston, Mayor, by and with the advice and consent of the majority of the Town Council Council, shall
1199  appoint three (3) 3 persons to act as a Board of Special Election. The polling places shall must be opened from 12:00
1200  noon noon, prevailing time, until 6:00 in the evening, 6 p.m. prevailing time, on the date set for the special election.
1201
1202            (7) The Board of Special Elections Election shall count the votes for and against the proposed loan and shall
1203  announce the result thereof. The Board of Special Election shall make a certificate under their the Board of Special
1204  Election’s Hands of the number of votes cast for and against the proposed loan and the number of void votes and shall
1205  deliver the same to the Town Council Council, which said certificates shall must be retained by the Town Council with
1206  the other papers of the Town Council.
1207
1208            (8) The form of the bond or certificate of indebtedness, the interest rate, the time or times of payment of
1209  interest, the classes of the bond, the time or times of maturity, and the provisions as to registration shall be are
      determined by the Town Council after the said special election.

                (9) The bonds shall must be offered for sale to the best and most responsible bidder therefor after
      advertisement in a manner to be described prescribed by the Town Council for at least one (1) 1 month before offering
      the same for sale.

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1210                  (10) The Town Council shall provide in its budget and in the fixing of the rate of tax for the payment of
1211       interest on and principal of the said bonds at the maturity thereof. thereof, in the Town Budget and in fixing of the rate
1212       of tax.
1213
1214                  (11) The faith and credit of the Town of Houston shall be is deemed to be pledged for the due payment of the
1215       bonds and interest thereon issued pursuant to the provisions hereof when the same had have been properly executed
1216       and delivered for value.
1217
1218            (b) The bonded indebtedness shall may not at any time succeed exceed in the aggregate the total sum of twenty-
1219  five (25) percent 25% of the value of real property situate within the limits of the Town of Houston shown by the last
1220  assessment preceding the creation of the said indebtedness.
1221
1222            Actions Or Suits
1223            Section 35.
1224            No An action, suit or proceeding shall may not be brought or maintained against the Town of Houston for
1225  damages, either compensatory or punitive compensatory or punitive damages on account of any physical injury or injuries,
1226  deaths injury, death, or injury to property by reason of negligence, simple, gross, or willful or wanton wanton, of the said
1227  Town of Houston, or any of its departments, officers, agents, servants servants, or employees employees, unless the person
1228  by or on behalf of whom such asserting the claim or demand is asserted, notifies, within ninety (90) 90 days from the
1229  happening of said the injury or the suffering of such damages shall notify damages, notifies the Town of Houston in writing
1230  of the time, place, cause, character character, and extent of the injury sustained or damages suffered. Such The notice shall
1231  must be directed sent to the Mayor of the Town of Houston by certified mail with return receipt requested and postage
1232  prepaid.
1233            Compendium
1234            Section 36.
1235            It shall be is the duty of the Town Council, at reasonable time or times, to compile the ordinances, current
1236  regulations, orders orders, and rules of the Town of Houston. The Town Council shall have a reasonable number of copies
1237  printed for the use of the officials of the Town of Houston and for public information. From time to time, upon the
1238  enactment of new ordinances, currents, rules rules, and regulations, or upon the enactment of amendments to the same, the
1239  Town Council shall enroll the same in the minutes of the Town Council and shall keep copies of the same in a book to be
      provided for that purpose so that the same may be readily examined. It The Town Council shall furnish to the Mayor of the
      Town of Houston copies thereof as they are enacted and therefrom may cause supplements to be compiled and printed to
      any compendium thereof heretofore printed as above provided.

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1240            Revival Of Powers And Validating Section
1241            Section 37.
1242            (a) All powers conferred upon or vested in the Town Council of the Town of Houston by any act or law of the
1243  State of Delaware not in conflict with the provisions of this Charter are hereby expressly conferred upon and vested in the
1244  Town of Houston and/or and the Town Council of the Town of Houston precisely as of if each of said powers power was
1245  expressly set forth in this Charter.
1246            (b) All ordinances adopted by the Town Council of Houston and in force at the time of approval, acceptance
1247  acceptance, and going into effect of this Charter are continued in force until the same or any of them shall be ordinances are
1248  repealed, modified modified, or altered by the Town Council of the Town of Houston under the provisions of this Charter.
1249            (c) All of the acts and doings of the Town Council of Houston or of any official of the Commissioners of the Town
1250  of Houston which shall have been are lawfully done or performed under the provisions of any law of this State or of any
1251  ordinance of the Town Council of Houston or under any provision of any prior Charter of the Town Council of the Town of
1252  Houston prior to the approval, acceptance acceptance, and going into effect of this Charter, are hereby ratified and
1253  confirmed, unless otherwise provides herein. provided in this Charter.
1254            (d) All taxes, assessments, license fees, penalties, fines, and forfeitures due to the Town Council of Houston or the
1255  Town of Houston shall be are due the Town of Houston Houston, and all debts from the Town of Houston or the Town
1256  Council of Houston shall remain unimpaired until paid by the Town of Houston.
1257            (e) All powers granted by this Charter in respect to the collection of taxes, license fees, assessments assessments,
1258  or other charges shall be deemed to apply and extend to all unpaid taxes, license fees, assessments, or other charges
1259  heretofore lawfully imposed by the Town Council of Houston. Council.
1260            (f) The bonds given by or on account of any official of the Town Council of Houston shall are not be impaired or
1261  affected by the provisions of this Charter.
1262            (g) All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter be and the same are
1263  hereby repealed to the extent of any such the inconsistency.
1264            (h) If any part of this Charter shall be is held to be unconstitutional or invalid by a Court of competent jurisdiction,
1265  such holding shall not be deemed to does not invalidate the remaining provisions of this Charter.
1266            (i) This Charter shall be taken as and deemed to be is a Public Act of the State of Delaware.

                                                                          SYNOPSIS
                This Act amends the Town of Houston (“Town”) Charter to do all of the following:
                1. Gender neutralize the Charter.
                2. Clarify the voting rights for multiple owners of a single piece of real estate located in the Town.
                3. Change the times for polling and elections.

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          4. Change the qualifications of Town Councilmembers, the Town Secretary, Assistant Secretary, Alderman,
Assistant Alderman, Treasurer, Town Tax Collector, and Town Solicitor.

          5. Change the dates on which nominations for Town Councilmembers can be made.
          6. Clarify when Town Council meetings may be held and the date when Town Councilmembers can be sworn into
office.
          7. Change the type of contracts that the Town Council may enter into.
          8. Change and clarify how Town taxes may be levied and collected.
          9. Change how the Town budget must be posted.
          10. Remove the regulation and control of observance of the Sabbath Day.
          11. Change the Town’s right to regulate animals, beasts, birds, or fowl.
          12. Increase the Town’s ability to levy fines.
          13. Remove limits on the amount of revenue the Town may raise.
          14. Clarify the utilities the Town may tax.
          15. Increase the borrowing limits of the Town.
          16. Give the Town greater flexibility to locate a bank to serve the Town.
          17. Change the voting rights in special elections.
          18. Corrects citations to the Delaware Code.

          This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual. This Act also incorporates previously enacted changes [64 Del. Laws c. 211] that were inadvertently not
included in the online copy of the Town of Houston’s Charter.

          This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution
requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a
municipal charter.

                                                                                                                         Author: Senator Wilson

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Every fact on this page links to its source, starting with the official bill record.