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Delaware General Assembly· SB 306Signed

Charter Change/Rehoboth Beach/City of, the official text

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SPONSOR: Sen. Huxtable & Rep. Snyder-Hall
                                                                Reps. Berry, Burns

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 306

    AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH.

    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 City of Rehoboth Beach by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   Structure Of The Government

4   Section 3 Section 3.

5   a. (a)(1) The government of The City of Rehoboth Beach and the exercise of all power conferred by this Charter,

6 except as otherwise provided herein, shall be in this Charter, are vested in The Commissioners of Rehoboth Beach. The

7 Commissioners of Rehoboth Beach shall consist of seven (7) members, to be chosen as hereinafter provided, all of whom

8 shall be citizens of the United States of America. consists of 7 members, as follows:

9   a. One of said The Commissioners shall have has the title of Mayor of The City of Rehoboth Beach, with

10  duties hereinafter to be prescribed, Beach who has duties, as provided by this Charter, and who shall is also be

11  President of The Commissioners of Rehoboth Beach. Each of the seven (7) Commissioners of Rehoboth Beach, at

12  the time of the approval of the Commissioner’s qualifications by The Commissioners as hereinafter provided or at

13  the time of the Commissioner’s appointment as the case may be, shall have attained the age of twenty-one (21)

14  years of age. Not less than three The Commissioner with the title of Mayor of The City of Rehoboth Beach must

15  be a bona fide resident and domiciliary of The City of Rehoboth Beach and must have been domiciled in The City

16  of Rehoboth Beach for a period of at least 12 months immediately preceding the date of election.

17  b. At least 3 members of the The Commissioners shall must be designated resident Commissioners. A

18  resident Commissioner shall be a bona-fide is a bona fide resident and domiciliary of the City. The Commissioner

19  with the title of Mayor of the City of Rehoboth Beach shall also be a bona-fide resident and domiciliary of the City

20  and shall have been domiciled in the City of Rehoboth Beach for a period of at least twelve (12) months

21  immediately preceding the date of election. The City of Rehoboth Beach.

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22          c. The other three 3 members of The Commissioners must either have the qualifications of a resident

23  Commissioner as defined above (i.e. a bona-fide have at least 1 of the following qualifications:

24                  1. Is a bona fide resident and domiciliary of the City) or be The City of Rehoboth Beach.

25                  2. Is a freeholder of real estate located within The City. If any of the Commissioners or the Mayor

26  City of Rehoboth Beach.

27  (2) Each member of The Commissioners must have all of the following qualifications:

28          a. The member must be a citizen of the United States of America.

29          b. The member must be at least 21 years old at the time of the approval of the individual’s qualifications

30  by The Commissioners, as provided in Section 6 of this Charter, or at the time of the individual’s appointment.

31  (b)(1) For purposes of this subsection:

32          a. “Cohabitant” means an individual who lives with another individual in a committed relationship as

33  shown by actions, including sharing a residence, financial interdependence, mutual support, and public

34  representation as a couple, regardless of whether the individuals are legally married or have formally registered a

35  domestic partnership.

36          b. “Domestic partner” means an individual who has a formally registered domestic partnership with

37  another individual, as recognized by The City of Rehoboth Beach or this State.

38          c. “Financial interest” means a material interest, legal share, or right in property in The City of Rehoboth

39  Beach.

40          d. “Spouse” means an individual who is legally married to another individual.

41  (2) To be eligible for election or appointment to serve as a member of The Commissioners a candidate must

42  meet all of the following qualifications:

43          a. The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The

44  Commissioners.

45          b. The candidate does not share a financial interest with a serving member of The Commissioners.

46  (3) An affidavit attesting that a candidate meets the qualifications for eligibility required by paragraph (b)(2)

47  of this Section must be filed as follows:

48          a. For a candidate for election to The Commissioners, the affidavit must be filed with the nominating

49  petition filed under Section 6 of this Charter before the candidate’s name may be printed on the ballot for the

50  regular municipal election as provided in Section 6 of this Charter.

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51  b. For a candidate for appointment by The Commissioners to fill a vacancy on The Commissioners, the

52  affidavit must be filed with The Commissioners before the candidate may be appointed.

53  (4) The form of an affidavit filed under paragraph (b)(3) of this Section must be as follows:

54  “Affidavit of Eligibility to Serve as a Member of The Commissioners of Rehoboth Beach

55  STATE OF DELAWARE

56  COUNTY OF SUSSEX

57  I, [Full Legal Name of Candidate], being duly sworn, depose and state as follows:

58  1. I am running for election to The Commissioners of Rehoboth Beach or I am being considered for

59  appointment by The Commissioners to a fill a vacancy on The Commissioners of Rehoboth Beach.

60  2. I am of legal age, and I am competent to make this Affidavit.

61  3. I have read and understand the eligibility requirements for a member of The Commissioners of

62  Rehoboth Beach, including those set forth in Section 3 of the Charter of The City of Rehoboth Beach regarding

63  marriage, domestic partnership, cohabitation relationships, and shared financial interests, and attests that all

64  requirements are met.

65  4. I am not the spouse, domestic partner, or cohabitant of any current member of The Commissioners of

66  Rehoboth Beach.

67  5. I do not share a financial interest in any property with a current member of The Commissioners of

68  Rehoboth Beach.

69  6. I understand that a false statement in this Affidavit is punishable under the laws of Delaware.

70  I swear or affirm, under penalty of perjury, that the foregoing statements are true and correct to the best of

71  my knowledge and belief.

72  [Signature of Candidate]

73  [Printed Name of Candidate]

74  [Date]

75  SUBSCRIBED AND SWORN OR AFFIRMED before me this [Day] day of [Month], [Year], by [Printed

76  Name of Candidate], who is known to me to be the identical individual described herein and who executed the

77  same freely and voluntarily.

78  [Signature of Notary Public]

79  [Printed Name of Notary Public]

80  My Commission Expires: [Notary Commission Expiration Date]

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81   (SEAL)”

82   (c) If a member of The Commissioners fails to retain the qualifications as aforesaid required by this Section during

83 the term of office, that Commissioner or Mayor shall member ipso facto vacate vacates office. The Commissioners shall be

84 are judges of the qualifications of their The Commissioners’ members.

85   Elective Offices

86   Section 5 Section 5.

87   a. (a)(1) The six 6 offices of Commissioners of Rehoboth Beach and the office of Commissioner of Rehoboth

88 Beach with the title of Mayor of the The City of Rehoboth Beach, Beach, known as the Mayor, with duties hereinafter to be

89 prescribed, shall be prescribed by this Charter, are elective. All other offices shall be appointive and the person or persons

90 filling such appointive offices shall be are appointed by the The Commissioners of Rehoboth Beach in the manner

91 hereinafter to be prescribed. Six offices of Commissioner of Rehoboth Beach shall be for prescribed by this Charter.

92   (2) The Commissioners, including the Mayor, each serve a three year 3-year term. The office of

93   Commissioner of Rehoboth Beach with the title of Mayor of the City of Rehoboth Beach shall be for a three year term

94   and in every event that a person shall be

95   (3) Whenever an individual is nominated to this office, for Mayor, the ballots shall not only must specify that

96   the individual seeks the Office of Commissioner of Rehoboth Beach, but also that the individual seeks that office with

97   the title office of Mayor of the City of Rehoboth Beach, with duties hereinafter to be prescribed. with duties prescribed

98   by this Charter.

99   b. (b) The qualifications for the office of Commissioner of Rehoboth Beach as well as Commissioner, including

100 the office of Commissioner of Rehoboth Beach having the title of Mayor of the City of Rehoboth Beach shall be Mayor, are

101 as set forth in Section 3 of this Charter.

102  c. In the case of (c) Notwithstanding paragraph (a)(1) of this Section, whenever a vacancy is created in any office

103 of Commissioner of Rehoboth Beach, or in the office of Commissioner of Rehoboth Beach having the title of Mayor of the

104 City of Rehoboth Beach, either a member of The Commissioners by death, resignation, loss of residence in the The City of

105 Rehoboth Beach, or other disqualifying event, or otherwise, The Commissioners of Rehoboth Beach shall fill such the

106 vacancy for the residue remainder of the whole unexpired term. term.

107  d. (d) Aside from loss of residence, as in those instances specified in Section 3 of this Charter, if any an elected

108 officer be is found guilty of any felony, the elected officer shall is forthwith be disqualified to act as such officer and the

109 elected officer shall, officer, ipso facto, vacate vacates the elective office, which office shall be office. An office vacated

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110 under this subsection is filled by the The Commissioners of Rehoboth Beach as in the case of other vacancies. as provided

111 by subsection (c) of this Section.

112  e. The Mayor shall receive a salary of One Thousand Dollars ($1,000.00) per annum. The Secretary of the

113 Commissioners of Rehoboth Beach shall receive a salary of Seven Hundred Fifty Dollars ($750.00) per annum. Each of the

114 other members of the Commissioners of Rehoboth Beach shall receive a salary of Six Hundred Dollars ($600.00) per

115 annum; PROVIDED, HOWEVER, that no salary shall be paid until September 1, 1971. Each non-resident Commissioner

116 shall receive an allowance for every mile necessarily driven from the Commissioner’s permanent home to Rehoboth Beach

117 in order to attend any meeting of the Commissioners of Rehoboth Beach or the meeting of any committee of which the non-

118 resident Commissioner is a member; provided however, that no such allowance shall be paid for any meeting attended prior

119 to September 1, 1974, said amount per mile to be the same as the standard mileage rate set annually by the Internal

120 Revenue Service.

121  (e) The Commissioners shall fix the annual salary for the members of The Commissioners ordinance. An

122 ordinance to increase a salary may not take effect before the later of the following:

123  (1) The starting date for the terms of The Commissioners elected at the next regular election.

124  (2) Six months after adoption of the ordinance.

125  Manner Of Holding Elections

126  Section 7 Section 7.

127  (d)(1) At such annual election, the Annual Municipal Election, every natural person who shall have attained the

128 age of Eighteen (18) is 18 years old or older and who shall be freeholder, as defined in this Chapter, is registered on the

129 "Books of Registered Voters" of The City of Rehoboth Beach as set forth in this subsection has 1 vote if the person meets at

130 least 1 of the following qualifications:

131                   a. The person is a freeholder in The City of Rehoboth Beach for a period of thirty (30) at least 30 days

132  immediately preceding the date of such the Annual Municipal Election or who shall be a leaseholder, as defined in

133  this Chapter, a leaseholder in The City of Rehoboth Beach for a period of Six (6) at least 6 months immediately

134  preceding the date of such the Annual Municipal Election, whether or not such the person is a resident of the this

135  State of Delaware or of The City of Rehoboth Beach shall have One (1) vote, provided such person is registered on

136  the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. In addition, every natural

137  person who shall have obtained the age of Eighteen (18) years on the date of the Annual Municipal Election who

138  shall be Beach.

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139          b. The person is a bona fide resident of the this State of Delaware and The City of Rehoboth Beach on the

140  date of the Annual Municipal Election shall be entitled to one (1) vote provided such person shall be registered on

141  the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. Election.

142  (2) The Commissioners of Rehoboth Beach shall provide Two (2) registers to be 2 registers, known as the

143  "Books of Registered Voters" Voters”, which are to be kept at the office of the City Manager. The Books of Registered

144  Voters shall must contain the names of the registered voters arranged in alphabetical order and all of the following

145  information for each registrant: The names of the voters arranged in alphabetical order, registered voter:

146          a. The registered voter’s permanent address of the voter, the address,

147          b. The registered voter’s local address of the voter, the address,

148          c. The registered voter’s birth date of the voter, the date.

149          d. The date the registrant registered voter became a resident of the State of Delaware, the this State.

150          e. The date the registrant registered voter became a resident of the The City of Rehoboth Beach, the

151  Beach.

152          f. The date the registrant registered voter became a freeholder of the in The City of Rehoboth Beach and

153  other Beach.

154          g. Other pertinent information. No

155  (3) A natural person shall may not be registered upon the Books of Registered Voters unless such the person

156  will have acquired acquire the qualifications to vote in the Annual Municipal Election for the year in which such the

157  person registers.

158  (4)a. A person shall only be is required to register One (1) time; provided however, that only 1 time. But if a

159  registered voter fails to vote in Two (2) 2 consecutive Annual Municipal Elections in which there is a contest, the City

160  The City of Rehoboth Beach shall send a voter verification request by forwardable first-class mail to the voter at the

161  voter’s last known address, provided all similarly situated voters are also sent such a voter verification request at the

162  same time, asking the voter to sign a return card and: (1) authorize and do 1 of the following:

163                     1. Authorize cancellation of their the voter’s Rehoboth Beach voter registration because they are no

164  longer eligible to vote as a resident, Freeholder, or Leaseholder freeholder, or leaseholder in Annual

165  Municipal Elections, or (2) confirm Elections.

166                     2. Confirm that the voter continues to be eligible to vote in Annual Municipal Elections. The City,

167  upon

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168            b. Upon receipt of the returned notice and in accordance with the response, shall: (1) cancel The City of

169  Rehoboth Beach shall do 1 of the following:

170                  1. Cancel the person’s registration, or (2) update voter’s registration.

171                  2. Update the person’s voter’s voter registration record with any new information and certify the

172  person remains eligible to vote.

173            c. Sixty days following a voter verification mailing, the The City of Rehoboth Beach shall place all

174  persons who did not reply to the voter verification request into “inactive status.” A person shall be is returned to

175  active status if the person subsequently returns the return card indicating confirming the person continues to be

176  eligible to vote in Annual Municipal Elections, or if the person votes in an Annual Municipal election Election

177  while in “inactive status.” The City of Rehoboth Beach shall remove from the Books of Registered Voters any

178  person who remains in “inactive status” for two 2 consecutive Annual Municipal Elections in which there is a

179  contest.

180  (5) The Books of Registered Voters shall must be maintained at the office of the City Manager and shall be is

181  conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the

182  Office office of the City Manager on any day during the regular business hours until the close of business thirty (30) 30

183  days prior to the Annual Municipal Election.

184  (e) As used in this Chapter Charter:

185  (1) "Freeholder" means a any of the following:

186            a. A natural person who holds title of record to a fee simple estate or life estate in and to an undivided

187  interest in real property in the The City or of Rehoboth Beach.

188            b. A natural person who holds title of record to real property in the The City of Rehoboth Beach as a

189  tenant by the entirety or entirety.

190            c. A natural person who is both grantor/settler and trustee and grantor or settlor of a valid revocable trust

191  to which real property located within the The City of Rehoboth Beach has been conveyed, provided that a copy of

192  the trust document identifying a grantor/settler and trustee and grantor or settlor is on file with the City. The City

193  of Rehoboth Beach.

194  "Real Property" includes condominiums created under the Delaware Unit Property Act or the Delaware

195  Uniform Common Interest Ownership Act.

196  As used in this Chapter

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197          (2) "Lease" means a valid lease to real property in the The City of Rehoboth Beach for a term of at least ten

198  (10) 10 years which lease that is recorded in the Office of the Recorder of Deeds in and for Sussex County and upon

199  which that real property is erected an improvement having an assessed valuation of at least one thousand dollars

200  ($1,000.00) $1,000 as shown by the records of the City of Rehoboth Beach.

201          As used in this Chapter

202          (3) "Leaseholder" means a natural person holding title to an undivided interest in a lease or who holds title to

203  a lease as a tenant by the entirety.

204          (4) "Real property" includes condominiums created under the Delaware Unit Property Act or the Delaware

205  Uniform Common Interest Ownership Act.

206          (f) As used herein "resident" shall mean a natural person residing and domiciled in the City of Rehoboth Beach for

207 a period of at least thirty (30) days immediately preceding the date of the election. As used herein “domicile” shall mean

208 herein:

209          (1) “Domicile” means the place where a person has their true, fixed, permanent home, and principal

210  establishment, and to which, whenever the person is absent, the person has the intention of returning.

211          (2) “Resident” means a natural person residing and domiciled in The City of Rehoboth Beach for a period of

212  at least 30 days immediately preceding the date of the election.

213          (g) These provisions shall be construed in accordance with the principle of "one person, one vote" for each elective

214 office.

215          ANNUAL ORGANIZATION MEETING OF COMMISSIONERS

216          Section 8-a.

217          Annual Organization Meeting of The Commissioners

218          Section 8.

219          a. The (a)(1) At the first regular meeting following the Annual Municipal Election, known as the annual meeting,

220 The Commissioners of Rehoboth Beach, at the first regular meeting in September following the annual election, shall meet

221 for the purpose of organization to organize at the usual place for holding meetings of The Commissioners of Rehoboth

222 Beach. Commissioners. The newly elected officers members of The Commissioners shall assume the duties of their

223 respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which fidelity. The oath or

224 affirmation shall must be taken before a Notary Public, a Justice of the Peace Peace, or by a holding-over member of The

225 Commissioners. The newly elected Commissioner with the title of Mayor of The City of Rehoboth Beach shall assume the

226 chair of the office of Mayor of The City of Rehoboth Beach.

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227            (2) At the annual meeting, The Commissioners shall likewise select a appoint all of the following:

228            a. A Commissioner to serve as Secretary from their own number to serve until the first regular meeting

229            after the next succeeding election. They shall also choose an until the next annual meeting.

230            b. An Assistant Secretary to serve as aforesaid, Secretary, who may or may not be from among their own

231            number and such other be a Commissioner, to serve until the next annual meeting.

232            c. Other officers and employees as may be determined to be necessary.

233            c. The Commissioners shall by ordinance fix the salaries and compensation of the employees, officers and agents

234 of the City, and the time and manner of his or her, or their payment; Provided, that the salary or compensation of any such

235 employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a

236 designated term. No officer, employee or agent of the City shall in any form have, take, or receive from the City any

237 compensation, in any form, in addition to the salary or compensation fixed by The Commissioners.

238            d. (b) The Commissioners shall cause to be kept a full and complete record of all officers appointed, appointed and

239 employees and agents hired by the City, containing the names of such officers, employees and agents, the dates The City of

240 Rehoboth Beach. The record must include all of the following information about each officer, employee, or agent:

241            (1) Name.

242            (2) Date of their employment, the salary appointment or employment.

243            (3) Salary and compensation to be by them received and the date compensation.

244            (4) Date of the termination of their services. In the event that they shall hold services.

245            (5) If their office is for an indefinite term, the record shall so state. term.

246            Duties And Powers Of The Mayor

247            Section 13 Section 13.

248            a. The Mayor of the City of Rehoboth Beach shall be sworn or affirmed to perform the duties of his office with

249 fidelity.

250            b. He shall be (a)(1) The Mayor is the chief executive of the City. He The City of Rehoboth Beach. The Mayor

251 shall preside do all of the following:

252            a. Preside at meetings of The Commissioners. He shall receive

253            b. Receive all communications and complaints and present the same to The Commissioners. He shall sign

254            c. Sign all deeds necessary and contracts made by The Commissioners and shall countersign

255            Commissioners.

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256         d. Countersign all checks and warrants authorized by The Commissioners and drawn on the Treasurer for

257         the payment of money. He shall be

258         (2) The Mayor is a member, ex-officio, of all committees, and shall perform such other duties as may be

259  prescribed by ordinance, or by the by-laws bylaws adopted by the said The Commissioners, and shall have all and

260  every power conferred, and perform the duties imposed upon him the Mayor by this Charter or the ordinances of the

261  City. The City of Rehoboth Beach.

262         c. (b) In the performance of his duties as Mayor of the City of Rehoboth Beach, he shall be Mayor, the Mayor is

263 known and designated as the Mayor of the The City of Rehoboth Beach and in Beach. Whenever executing any a deed,

264 lease, contract, warrant on the Treasurer, or other papers and instruments in writing necessary for him, as such the Mayor of

265 the City of Rehoboth Beach, to sign, he the Mayor shall sign and execute the same as Mayor of the The City of Rehoboth

266 Beach.

267         d. As a Commissioner of Rehoboth Beach and as Mayor of the City of Rehoboth Beach, he shall have

268         (c) The Mayor has the same right as other Commissioners to vote on all matters and may at any time matters. The

269 Mayor may appoint another Commissioner to preside at meetings of the Commissioners if he desired the Mayor wants to

270 make a motion, move the adoption of a resolution, second either, a motion, or debate any question from the floor and may

271 thereafter afterwards immediately resume his the Mayor’s duties as presiding officer.

272         e. In addition to his powers and duties as Mayor of the City of Rehoboth Beach, he shall, as Mayor of the City of

273 Rehoboth Beach, have all powers of a Justice of the Peace within said City and shall have jurisdiction and cognizance on all

274 breaches of the peace and other offenses committed within the limits of the City as far as arrest and hold to bail and fine

275 and imprisonment offenders. He shall have jurisdiction and cognizance of all fines and penalties prescribed by this Charter,

276 ordinances enacted hereunder, or any law of the State of Delaware; of all neglects, omissions or defaults of any member of

277 the Police Force or other Town Officer, agent or employee; provided, that he shall impose no fine and penalty in excess of

278 that fixed by the ordinance; which, in any event, shall not exceed a fine of $500.00, or such sum as may hereafter be made

279 the maximum fine under the State Motor Vehicle Code, and shall not commit to prison for a longer term than thirty days;

280 provided, however, that in motor vehicle violations the fines and penalties imposed under the ordinances of the City of

281 Rehoboth Beach shall be the same as those provided by the Laws of Delaware for the same offense. The jails of Sussex

282 County may be used for imprisonment under the provisions of this Charter; provided, that The Commissioners shall pay for

283 the board of persons committed for breaches of ordinances, which are not breaches of the General Law.

284         f. As Mayor of the City of Rehoboth Beach, he shall also have jurisdiction in suits of civil nature for the collection

285 of taxes and assessments, recovery of amounts due and payable for the construction of sidewalks, curbs or pavements,

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286 expenses of abatement of nuisances, and all other matters which may arise in the proper government and control of the City

287 under the provisions of this Charter. Within his jurisdiction, he shall have all the powers and authority and shall be subject

288 to all the limitations of a Justice of the Peace of Sussex County, except as herein otherwise provided; and his fee shall be

289 the same as those of a Justice of the Peace for like services. For any service or duty in which no fee is provided by law,

290 such fee shall be established by ordinance.

291           g. Upon the expiration of this term of office or upon resignation or removal from office, he shall forthwith turn

292 over all records, books, papers, documents and other things belonging to or appertaining to his office of Mayor of the City

293 of Rehoboth Beach. He shall also pay over to the Treasurer all monies in his hands belonging to the City. Upon neglect of

294 failure to make such delivery or payment for the space of five (5) days, he shall be deemed guilty of a misdemeanor and,

295 upon conviction in the Court of General Sessions of the State of Delaware, shall be fined not more than $500.00, or

296 imprisoned for not more than one year, or shall suffer both fine and imprisonment at the discretion of the Court.

297           h. As Mayor of the City of Rehoboth Beach, he shall, at every regular monthly meeting of The Commissioners,

298 report in writing all fines imposed by him and all fines and penalties and other money received by him for the preceding

299 month belonging to the City. He shall pay all such monies to the Treasurer within ten (10) days after making report thereof

300 to The Commissioner and failure to make report thereof to The Commissioners, or for failure to make payment to the

301 Treasurer for the space of ten (10) days, he shall be deemed guilty of a misdemeanor and shall be punished upon conviction

302 as hereinbefore provided.

303           i. As Mayor of the City of Rehoboth Beach, he shall keep a docket in which all his official acts shall be entered

304 which shall be open to public inspection and examination at all times.

305           (d) The Mayor may solemnize marriages in The City of Rehoboth Beach.

306           Auditors Auditor of Accounts

307           Section 18 Section 18.

308           a. Three auditors of accounts, who may or may not be residents, but who shall be substantial free holders of The

309 City, shall be appointed by (a)(1) The Commissioners at each annual meeting hereinbefore provided to serve for the term of

310 one year or shall appoint a qualified individual or firm to serve as an independent Auditor of Accounts, also known as the

311 Auditor.

312           (2) The Auditor serves for a term of 5 years, but the Auditor may continue to serve after the term expires until

313  their successors shall have been a successor is duly appointed and qualified. An individual or firm who has served as

314  Auditor for 5 years may not be appointed as Auditor again until the expiration of an interim period of at least 5 years

315  since the individual or firm last served.

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316  b. It (b) The Auditor shall be their duty to audit the accounts of The City of Rehoboth Beach and all of its officers

317 whose duty involves the collection, custody custody, and or payment of monies moneys to The City. They City of

318 Rehoboth Beach. The Auditor shall audit the books of the Mayor of The City of Rehoboth Beach, and the records of all

319 fines, penalties penalties, and costs imposed or collected by him the Mayor pursuant by to any judgment, order, or decree

320 made. The auditors on or before the fifteenth day of September, annually, next following their appointment,

321  (c) Annually on or before September 15, the Auditor shall make and deliver a detailed report of every and all

322 accounts, records, and books by them examined and audited, which audited by the Auditor. The report under their hands

323 and seals shall the Auditor’s hand and seal must be printed in a newspaper published in on The City in the issue

324 immediately succeeding their of Rehoboth Beach website after the Auditor delivers the annual report. The auditors, in the

325 performance of their duties, shall have

326  (d) In the performance of the Auditor’s duties, the Auditor has access to all records and accounts of the offices of

327 The Commissioners and they are authorized and empowered to Commissioners. The Auditor may employ such clerks and

328 accountants as in their judgment may be necessary in the proper performance of their duties to properly perform the

329 Auditor’s duties, at such a compensation as may be determined by The Commissioners.

330  Tax Assessor

331  Section 22.

332  a. (a) The Commissioners of Rehoboth Beach shall appoint a qualified person individual or firm to serve as the

333 Tax Assessor. Such person The individual or firm shall serve until a new person individual or firm has been duly appointed

334 by the The Commissioners.

335  b. No person (b) An individual or firm shall may not be appointed as the Tax Assessor of the City of Rehoboth

336 Beach who if the individual or firm is not fully qualified under the regulations and Code of the laws of this State of

337 Delaware to perform real estate tax assessments.

338  c. It shall be the (c) If The Commissioners do not choose to use the county assessments under Section 23 of this

339 Charter, the Tax Assessor’s duty to Assessor shall make a fair and impartial assessment of property subject to taxation

340 situated within the City and to The City of Rehoboth Beach. The Tax Assessor shall perform such other related duties in

341 reference thereto as shall be prescribed, from time to time, by The Commissioners of Rehoboth Beach. Commissioners.

342  Assessment Of Taxes

343  Section 23 Section 23.

344  a. The (a)(1) In compliance with Chapter 11 of Title 22 of the Delaware Code, The Commissioners may choose to

345 use the county assessments for real estate located within The City of Rehoboth Beach for municipal tax purposes.

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346          (2) Subject to Chapter 11 of Title 22 of the Delaware Code, if The Commissioners choose to use county

347  assessments as provided in paragraph (a)(1) of this Section, a copy of the county assessments for the properties located

348  in The City of Rehoboth Beach must be received under § 1103 of Title 22 of the Delaware Code by the first Monday of

349  March.

350          (3) Appeals of county assessments adopted under this subsection must be made as provided in Chapter 11 of

351  Title 22 of the Delaware Code.

352  (b)(1) If The Commissioners do not choose to use the county assessments, the Tax Assessor shall, shall make,

353 prior to the first Monday in March, make a just, true true, and impartial annual valuation or assessment of all real estate and

354 of all improvements having a valuation of at least One Thousand Dollars ($1,000.00) of the following located within The

355 City of Rehoboth Beach:

356          a. Real estate.

357          b. Improvements located on land which that has been leased under a valid lease lease, recorded in the

358  Sussex County Office of the Recorder of Deeds, for a term of at least ten (10) years and which lease has been

359  recorded in the Office of the Recorder of Deeds, in and for Sussex County, located within The City of Rehoboth

360  Beach. 10 years.

361          (2) In making such the assessment, the rules and exemptions now applicable by law to the for making of the

362  County Assessment of persons and properties shall be county assessments are applicable insofar as to the extent the

363  rules and exemptions are consistent with the provisions of this Charter.

364          (3) All real estate and all improvements located on land under a valid lease, as aforesaid, shall lease must be

365  described with sufficient particularity to be identified.

366          (4)a. Real estate shall must be assessed to the owner or owners if he or they be are known. If the owner or

367  owners of real estate cannot be found or ascertained, the real estate may be assessed to “Owner Unknown”.

368          b. All improvements located on land under a valid lease, as aforesaid, shall lease must be assessed to the

369  leaseholder. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to “Owner

370  Unknown”.

371          c. A mistake in the name of the owner or owners, or a wrong name, or an assessment to “Owner

372  Unknown,” shall does not affect the validity of the assessment of any municipal tax or assessment based thereon;

373  provided, if the assessment shall specify specifies the last record owner or owners thereof of the real estate as the

374  same shall owner or owners appear from the records in the Sussex County Office of the Recorder of Deeds of

375  Sussex County at Georgetown, Delaware. Deeds.

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376  (5) Beginning in 2030, all property assessed under this subsection must be reassessed at its fair market value.

377  After the 2030 reassessment, all property assessed under this subsection must be reassessed at least once every 5 years.

378  Each 5-year period begins on the date the assessments are finalized under paragraph (g)(1) of this Section.

379  b. (c) The Tax Assessor shall in a timely manner send by first-class mail a written notice to any property owner

380 whose assessment is changed indicating the new valuation placed thereon. valuation.

381  c. The Tax Assessor, after (d)(1) After making such the annual assessment, shall, assessment under subsection (b)

382 of this Section, the Tax Assessor shall deliver, on the first Monday of May, aforesaid, deliver March, to The

383 Commissioners of Rehoboth Beach a list containing the names of all persons assessed and the amount of the assessment

384 against each. They At the same time, the Tax Assessor shall also deliver at such time as many copies of said the list as The

385 Commissioners shall direct.

386  d. (2) The annual assessment list shall must be arranged so that the assessment of land, land; the

387  improvements thereon, thereon; and any improvements located on lands under lease lease, as defined herein in

388  paragraph (b)(1)b. of this Section, appear in separate columns or spaces. All assessments of value made by the Tax

389  Assessor shall must be made accordingly.

390  e. Any (e) If the Tax Assessor is an individual, The Commissioners shall assess any real property owned in whole

391 or in part by a the Tax Assessor or a member of a the Tax Assessor’s immediate family, if an individual, shall be assessed

392 by the Commissioners of Rehoboth Beach. Any family. If the Tax Assessor is a firm, The Commissioners shall assess any

393 real property owned in whole or in part by an owner or employee of the Tax Assessor or a member of their immediate

394 family, if a firm, shall be assessed by the Commissioners of Rehoboth Beach. family.

395  f. (f)(1) Immediately upon receiving the annual assessment list from the Tax Assessor, the The Commissioners of

396 Rehoboth Beach shall cause a full and complete alphabetically arranged copy of the same, containing the amount assessed

397 to each taxable annual assessment list to be posted in City Hall in the City of Rehoboth Beach, and there it shall remain for

398 a period of at least ten 10 days for the information of and examination by all concerned. Appended thereto

399  (2) Notices must be attached to the annual assessment list and also posted in five 5 or more public places in

400  said City shall be posted notices advising The City of Rehoboth Beach. The notices must advise all concerned that any

401  that, if a property owner or leaseholder who desires wants to appeal their assessment shall assessment, the property

402  owner or leaseholder must file an appeal, in writing, with the City Manager of the City of Rehoboth Beach stating the

403  reason or reasons therefor not for the appeal no later than a certain day mentioned therein which the date specified in

404  the notices. The date shall may not be earlier than ten 10 days after the date of posting the true and correct copy of the

405  annual assessment list.

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406  g. (g)(1) At the first regular meeting of the The Commissioners of the City of Rehoboth Beach following the

407 expiration of the time set deadline for filing an appeal, the The Commissioners of Rehoboth Beach will shall fix a time and

408 date when the The Commissioners of Rehoboth Beach will sit as a Board of Appeals to hear appeals timely filed in writing

409 taken from the said annual assessment as determined by the Tax Assessor. Any person taking an appeal before the

410 Commissioners of the City of Rehoboth Beach sitting as a Board of Appeals may appear in person or may be represented

411 by any third party who has written authorization to so appear. The decision of the Commissioners of Rehoboth Beach

412 sitting as a Board of Appeals shall be is final and conclusive unless an appeal is taken to the Superior Court of the State of

413 Delaware, in and for Sussex County, within ten 10 days from the date of the said hearing, and the hearing. The

414 Commissioners of Rehoboth Beach shall revise and complete said the assessment at this sitting.

415            h. No (2) A Commissioner shall may not sit as a member of the Board of Appeals upon his The

416  Commissioner’s own appeal, but the appeal. A Commissioner’s appeal by any Commissioner of the City of Rehoboth

417  Beach shall must be heard and determined by the other members of the Board of Appeals in the same manner as

418  hereinbefore provided.

419            i. (3) The Tax Assessor shall must be present on the day fixed for hearing appeals and shall furnish give to the

420  The Commissioners such any information and answer such any questions as the Commissioners may require in respect

421  relating to any assessment from which an appeal has been taken. an appealed assessment, as The Commissioners may

422  require. The Commissioners shall have authority to may enforce the attendance of the Tax Assessor by appropriate

423  process.

424  Supplemental Assessment

425  Section 23A.

426  a. In (a) Subject to Section 23(a) of this Charter, in addition to the annual assessment provided for herein,

427 assessment, the City Manager may, at the City Manager’s option, may direct the Tax Assessor to prepare a quarterly

428 supplemental list for the purpose of adding property not included on the last assessment or increasing the assessed value of

429 property which was included on the last assessment. The supplemental list may be used to correct errors on the prior

430 assessment rolls and to remove or modify any exemption from taxation applicable to property in the City. The City of

431 Rehoboth Beach.

432  b. Such (b) The supplemental list shall be is prepared quarterly in each tax year. The first such supplemental list

433 shall must be certified on July 1 of each year; the second on October 1 of each year; the third on January 1 of each year;

434 and the fourth on April 1 of each year. quarterly based on the fiscal year.

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435  c. (c)(1) On the date of certification of a supplemental list, the property owners listed thereon shall be on that

436 supplemental list are liable to pay taxes equal to the assessed value of the property multiplied by the tax rates for the then

437 current tax year that are applicable to the property, reduced by as follows:

438  a. By 25% where the for property is listed on the second supplemental assessment roll; by roll.

439  b. By 50% where the for property is listed on the third supplemental assessment roll; and by roll.

440  c. By 75% where the for property is listed on the fourth supplemental assessment roll; and the roll.

441  (2) The amount of such tax shall be and remain imposed under this Section is a lien on such the assessed

442  property from the time of its certification. In the collection of said taxes,

443  (3) There is no penalty imposed for taxes collected before the first day of the second month after certification,

444  there shall be no penalty. On all taxes paid after the first day of the second month after certification, certification. All

445  taxes unpaid on or after the first day of the second month after certification are delinquent and a penalty at the rate of

446  one and one-half percent (1½%) shall be 1 ½% is added until the same shall have been tax and any penalty imposed is

447  paid. All taxes unpaid after the first day of the second month after certification shall be considered delinquent. In

448  effecting collection of any For delinquent tax, the taxes, The Commissioners of the City of Rehoboth Beach may

449  impose a collection charge not to exceed eighteen percent (18%) of up to 18% of the amount of the tax and any penalty

450  imposed thereon. imposed.

451  d. Appeals shall (d)(1) If The Commissioners choose to use the county supplementary assessments, appeals must

452 be made as provided in Chapter 11 of Title 22 of the Delaware Code.

453  (2) If the Tax Assessor prepares the supplement list, appeals must be made to the Board of Appeals as

454  provided in Sections Section 23(f) through (i). In no case shall the and Section 23(g) of this Charter.

455  (e) The supplemental assessment procedure may not be employed used to impose taxes retroactively.

456  Levy Of Annual Taxes

457  Section 24

458  a. (a) At the a regular meeting in June, March, after having revised and completed the assessment, The

459 Commissioners shall determine, to their best judgment and knowledge, the total amount necessary to be raised by The City

460 of Rehoboth Beach needs to raise to meet all fixed and anticipated expenses and obligations of The City, City of Rehoboth

461 Beach, including reasonable and appropriate reserve, reserve for the then current fiscal year year, as set forth in the City

462 Budget for such year that fiscal year, plus a reasonable amount to cover unanticipated expenses and emergencies.

463  b. (b)(1) The Commissioners shall then proceed to determine, in their sole discretion, from which sources of the

464 authorized revenues of the The City of Rehoboth Beach the amount so determined by them shall be under subsection (a) of

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465 this Section is raised and, within the limits prescribed by this Charter with respect to any such each source, the amount to be

466 raised from each such source. The Commissioners shall then proceed to determine, assess, fix and/or levy: fix, and levy 1 or

467 more of the following:

468              1. the a. The rate of tax on real estate all of the following:

469                  1. Real estate, including improvements thereon thereon, per One Hundred ($100.00) $100 of

470  assessed value and the rate of tax on improvements value.

471                  2. Improvements per One Hundred ($100.00) $100 of assessed value located on land under a lease

472  for a period of at least ten (10) 10 years which said lease has been recorded in the Sussex County Office of the

473  Recorder of Deeds, in and for Sussex County; and/or Deeds.

474              2. the b. The rate of tax upon all poles, constructions, erections, wires wires, and appliances more

475  particularly mentioned, or intended so to be in sub-Section 29(a)(32) levied under Section 29(29) of this Charter,

476  as amended; and/or Charter.

477              3. the c. The several license fees to be charged for carrying on or conducting of the several businesses,

478  professions professions, or occupations more particularly mentioned, or intended so to be, in sub-Section 29(a)(33)

479  under Section 29(30) of this Charter, as amended; and/or Charter.

480              4. the d. The several rates to be charged for furnishing water service, sewer service, electric service, gas

481  service, garbage and refuse collection; and/or collection.

482              5. the e. The fees or rates to be charged in respect of connection to any other authorized source of revenue

483  sufficient that are sufficient, in their The Commissioners’ best judgment and estimation estimation, to realize the

484  amount to be raised from each such authorized revenue source determined by them The Commissioners to be used,

485  used as aforesaid: Provided, however, that sources 3, 4 and 5 aforementioned, allowed under this subsection.

486  (2) The authorized revenue sources listed under paragraphs (b)(1)c. through (b)(1)e. of this Section may be

487  determined, fixed, assessed, levied levied, and/or altered or changed upon other than a fiscal year basis and at any other

488  regular or special meeting of The Commissioners as they The Commissioners in their own proper discretion shall

489  determine.

490  (3) Whenever there is a total reassessment of taxable properties located in The City of Rehoboth Beach, all of

491  the following must be done as provided in § 1105 of Title 22 of the Delaware Code:

492              a. The rolled-back rate must be computed.

493              b. The difference between the rolled-back rate and the tax rate determined under paragraph (b)(1)a. of this

494  Section must be advertised.

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495  c. (c) Immediately after their the regular meeting in June March of each and every year, The Commissioners shall

496 make, or cause to be made, a full, true true, and correct annual tax list showing the amount of tax levied against each

497 taxable thereon from sources 1 and 2 abovementioned. under paragraphs (b)(1)a. and (b)(1)b. of this Section. This list shall

498 be is known as the annual tax list of the The City of Rehoboth Beach. In addition to the information contained in the

499 assessment list, it shall likewise the annual tax list must contain information as to the rate of tax upon real estate per $100 of

500 assessed value thereof. value.

501  d. (d) The Commissioners shall cause to be delivered to the City Manager a duplicate of said the annual tax list,

502 and the City Manager shall immediately proceed to collect the same annual taxes as hereinafter provided. provided in

503 Section 25 of this Charter.

504  e. (e) Nothing contained in this Charter shall may be construed to effect or impair in any way the validity of any

505 tax, fee, assessment assessment, or other charge lawfully levied, assessed, or due the The City of Rehoboth Beach under

506 existing laws in reference relating to said The City of Rehoboth Beach and the same are hereby declared to be valid,

507 binding binding, and vested in the The City of Rehoboth Beach created hereby. Beach.

508  Town City Budget

509  Section 28 Section 28.

510  a (a) The fiscal year of the The City of Rehoboth Beach shall be is established from time to time by resolution

511 adopted by the Commissioners of Rehoboth Beach. The Commissioners.

512  b. Annually each year and not later than May 1st, (b) Annually, the City Manager shall prepare a rough draft of a

513 City Budget. From this rough draft, the The Commissioners of Rehoboth Beach shall, not later than the regular meeting

514 held in May of each year, shall prepare the City Budget, Budget containing the financial plan for conducting the affairs of

515 The City of Rehoboth Beach for the ensuing following fiscal year.

516  c. (c) The City Budget shall must contain all of the following information:

517  (1) A detailed estimate showing the expense of conducting each department and office of the The City of

518  Rehoboth Beach for the ensuing following fiscal year.

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

520  implements and the condition thereof.

521  (3) The amount of the debt of the City, The City of Rehoboth Beach together with a schedule of maturities of

522  bond issues.

523  (4) An itemized statement of all other estimated expenses to be incurred in the affairs of the City. The City of

524  Rehoboth Beach.

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

526  bond maturing during the year year, and the amount required for the "Sinking Fund" or "Sinking Funds".

527            (6) An estimate of the amount of money to be received from taxes, assessments, scrap assessments

528  assessments, and all other anticipated income of the The City of Rehoboth Beach from any source or sources

529  whatsoever. source.

530            d. (d) To the extent possible, The Commissioners shall, so far as possible, shall adhere to the City Budget so

531 adopted in the making of appropriations.

532            (e)(1) In the City Budget, The Commissioners shall fix the salaries and compensation of The City of Rehoboth

533 Beach’s employees, officers, and agents and the time and manner of payment. If the employee, officer, or agent is

534 appointed for a designated term, the salary or compensation of the employee, officer, or agent may not be increased during

535 the term.

536            (2) An officer, employee, or agent of The City of Rehoboth Beach may not have, take, or receive any

537  compensation from The City of Rehoboth Beach in addition to the salary or compensation fixed by The

538  Commissioners.

539            Enumeration Of Powers

540            Section 29 Section 29.

541            a. Not by way of limitation upon the power vested in the The Commissioners to exercise all powers delegated by

542 this Charter to the municipal corporation of the Commissioners The City of Rehoboth Beach except as may expressly

543 appear herein in this Charter to the contrary, but, rather, but by way of enumeration and for purposes of clarity, the The

544 Commissioners are vested by this Charter with all of the following powers, to be exercised by said the The Commissioners

545 in the interest of good government and the safety, health health, and welfare of the City, The City of Rehoboth Beach and

546 its inhabitants and affairs:

547            1. (1) To prevent vice, drunkenness and immorality.

548            2. (2) To provide for and preserve the health, peace, safety, cleanliness, ornament ornament, and good order of

549  the The City of Rehoboth Beach and its inhabitants.

550            3. (3) To prohibit all gaming and fraudulent devices.

551            4. (4) To prohibit, restrain, license license, or regulate all public sports, exhibitions, shows, parades,

552  productions, circuses circuses, or other public performances, amusements, and games.

553            5. (5) To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and

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

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555  dredge, erect, remove, repair repair, or replace any new future or present street, highway, lane, alley, watercourse, park,

556  lake, strand, crosswalk, wharf, dock dock, sewer, drain, aqueduct aqueduct, or pipe line, or portion thereof, or any new

557  future or present sidewalk, curb curb, or gutter, or portion thereof, in the City; The City of Rehoboth Beach; to specify

558  the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be is done; and

559  to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State Highway of

560  the State of Delaware Delaware Department of Transportation for the permanent maintenance, repair repair, and

561  upkeep of any street, lane, alley, roadway roadway, or other highway within the City. The City of Rehoboth Beach.

562  6. To regulate or control the observance of the Sabbath Day.

563  7. To establish and regulate pounds and to restrain, prohibit and impound any domestic or wild animal, beast,

564  bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs.

565  8. (6) To locate, regulate, license, restrain restrain, or require the removal of slaughter houses, wash houses,

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

567  water closets closets, and any businesses or buildings businesses, buildings, or conditions detrimental to the public

568  health or health, constituting a public nuisance nuisance, or of an offensive or noxious nature.

569  9. (7) To enforce the removal of snow, ice, dirt dirt, or other foreign substance from sidewalks and gutters by

570  owners or abutting owners.

571  10. (8) To prohibit, remove, or regulate the erection and maintenance of, of any stoop, step, platform, bay

572  window, cellar door, gate, area, descent, sign, post, or any other erection or projection in, over, upon upon, or under

573  any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain,

574  aqueduct aqueduct, or pipeline of the City. The City of Rehoboth Beach.

575  11. (9) To define, prevent, abate abate, or remove nuisances, obstructions obstructions, or any condition

576  detrimental to the public safety, health health, or welfare.

577  12. (10)a. To provide an ample supply of pure water for the The City of Rehoboth Beach and its inhabitants

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

579  control, and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire hydrants

580  hydrants, and all other equipment, property property, or rights used in and about the collection, storage, purification,

581  conveyance, distribution distribution, or sale of water; to regulate and prescribe for what private or public purposes the

582  water furnished by the municipal corporation The City of Rehoboth Beach may be used, the manner of its use, the

583  amounts to be paid by the users thereof, the means whereby such amounts shall be collected method for collecting the

584  users’ payments, and the fines or fines, penalties, or both, both for any willful or negligent injury or damage to or

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585  interference with the water system or equipment of the City; The City of Rehoboth Beach; to furnish, or refuse to

586  furnish, water from the The City of Rehoboth Beach system to places and properties outside the The City of Rehoboth

587  Beach limits; and to contract for and purchase water and distribute the same to users within or without the inside or

588  outside The City of Rehoboth Beach with the same full powers as though such water had been initially reduced to

589  usefulness by the municipal corporation The City of Rehoboth Beach itself.

590  b. For all purposes of this Charter, the word “user” when referring to the users of either the public water

591  system or the public sewer system shall be deemed to mean system, “user” means either the owner to whom the

592  real estate is assessed or a leaseholder who holds land under a valid lease for a term of not less than ten (10) 10

593  years and years, whose lease is of record in the Sussex County Office of the Recorder of Deeds, in and for Sussex

594  County, Deeds and who has erected upon the leasehold an improvement having an assessed valuation of at least

595  One Thousand Dollars ($1,000.00) improvement.

596  13. (11) To provide, construct. construct, extend, maintain, manage manage, and control a sewer system

597  and/or system, a sewage treatment and disposal plant and facilities facilities, or both for the health, sanitation

598  sanitation, and convenience of the inhabitants of the City; The City of Rehoboth Beach; to regulate and prescribe for

599  what private or public purposes the system may be used, the manner of its the system’s use, the amounts to be paid by

600  the users thereof, system’s users, the means whereby such amounts shall be collected methods for collecting the users’

601  payments, and the fines or fines, penalties, or both, for any willful or negligent injury or damage to, or interference

602  with with, the said system, plant plant, or facilities; to furnish furnish, or refuse to furnish, sewer disposal service from

603  the The City of Rehoboth Beach system to places and properties outside the The City of Rehoboth Beach limits; in the

604  interest of the public's health, to compel any and all properties in the The City of Rehoboth Beach to be connected to

605  the sewer system of the City; The City of Rehoboth Beach and to contract for and purchase sewer disposal service and

606  to resell the same to users within or without the inside or outside The City of Rehoboth Beach with the same full

607  powers as though such the service had been initially provided by the facilities therefor of the municipal corporation of

608  The City of Rehoboth Beach itself.

609  14. (12) To provide do any of the following:

610  a. Provide, construct, extend, maintain, manage manage, and control a plant and system, or plants and

611  systems, for the generating, manufacturing manufacturing, and distributing of electric current or current, gas, or

612  both, to the inhabitants of the The City of Rehoboth Beach and for lighting the streets, highways, lanes, alleys,

613  watercourses, parks, lake, strands, sidewalks, crosswalks, wharves, docks, public buildings buildings, or other

614  public places of the City, and The City of Rehoboth Beach and, to this end end, to acquire, lease, erect, construct,

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615  maintain. operate. maintain, operate, extend, enlarge, renew, replace, control control, and dispose of transmission

616  and distribution lines, pipes, mains mains, and other conveyances for any such electric current or gas as may be is

617  necessary properly to light the City, The City of Rehoboth Beach, and to furnish proper connections for electric

618  current and gas to the properties of the inhabitants of the The City of Rehoboth Beach who may desire the same; to

619  regulate electric current or gas.

620            b. Regulate and prescribe for what private or public purpose the electric current or gas furnished by the

621  municipal corporation The City of Rehoboth Beach may be used, the manner of its use, the amount to be paid by

622  the users thereof, the mains whereby such amounts shall be collected methods for collecting payment from users,

623  and the fines or fines, penalties, or both, for any willful or negligent injury or damage to orinterference or

624  interference with the an electric or gas system or systems of the City; to furnish The City of Rehoboth Beach.

625            c. Furnish, or refuse to furnish, electric current or gas from the City's The City of Rehoboth Beach’s

626  system or systems to places and properties outside the The City limits; and to of Rehoboth Beach’s limits; contract

627  for and purchase electric current or gas and distribute the same to user within or without the users inside or outside

628  The City of Rehoboth Beach with the same full powers as though such the electric current or gas had been initially

629  reduced to usefulness by the municipal corporation The City of Rehoboth Beach itself.

630            15. To (13) Within The City of Rehoboth Beach’s limits, to fully control within the City the drainage of all

631  water and, to that end, to alter or change the course and direction of any natural water course, runs runs, or rivulet

632  within the City, The City of Rehoboth Beach; to regulate, maintain, clean clean, and keep the same open, clean clean,

633  and unobstructed, unobstructed; and to provide, construct, extend, maintain, manage manage, and control a surface

634  water drainage system and facilities for the health., sanitation health, sanitation, and convenience of the inhabitants of

635  the City. The City of Rehoboth Beach.

636            16. (14) To provide, construct. construct, extend, maintain, manage manage, and control jetties, bulkheads,

637  embankment, flood gates, piers, boardwalks boardwalks, or fills for the preservation of anystrand any strand or high

638  land within the limits of the The City of Rehoboth Beach or contiguous thereto, to the end to The City of Rehoboth

639  Beach so that the same may be preserved, property protected protected, and the general public might enjoy the use

640  thereof.

641            17. (15) To grant nonexclusive franchises or licenses to any responsible person, firm, association association,

642  or corporation, for such period of time, the period, for the consideration, and upon such the terms, restrictions,

643  stipulations stipulations, and conditions and for such considerations as The Commissioners shall deem wise, to use the

644  present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves,

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645  docks, and other public places of the The City of Rehoboth Beach for the purpose of furnishing heat, light, power, gas,

646  water, sewer, drainage, electric current, telephone, telegraph, railroad excepting railroads or railways not engaged in

647  interstate commerce, bus, taxi taxi, or other transportation, carrier carrier, or public service to the The City of Rehoboth

648  Beach and to the persons, firms, or corporations residing or located therein in The City of Rehoboth Beach and for the

649  purpose of transmitting any of the following purposes:

650                a. Transmitting the same from or through the The City of Rehoboth Beach to points outside the limits

651  thereof, and for the purpose of erecting The City of Rehoboth Beach’s limits.

652                b. Erecting wharves and piers, and for the purposes of vending piers.

653                c. Vending any article of merchandise or service upon, or from any vehicle upon, any such present and

654  future street, highway, lane, alley, etc.; provided, that no exclusive franchise or license shall be granted for any

655  such purpose to any person, firm, association or corporation whomsoever. alley, etc.

656  18. (16) To regulate and control the exercise of any license or franchise mentioned in Section 29 (17) of this

657  Charter or intended so to be. that may be granted under paragraph (15) of this Section.

658  19. (17) To direct, regulate regulate, and control the planting, rearing, treatment treating, and preserving of

659  ornamental shade trees in the streets, highways, avenues, parks parks, and grounds of the The City of Rehoboth Beach

660  and to authorize or prohibit the removal or destruction of said ornamental shade trees.

661  20. (18) To direct the digging down, draining, filling up, cleaning, cutting cutting, or fencing of lots, tracts,

662  pieces pieces, or parcels of ground in the The City of Rehoboth Beach which may be deemed dangerous or

663  unwholesome or necessary to carry out any improvements authorized by this Charter.

664  21. (19) To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets

665  and avenues.

666  22. (20) To regulate, control control, or prevent the use of storage of gunpowder, fireworks, tar, pitch, resin

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

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

669  which may be dangerous in causing fire.

670  23. (21) For the prevention of fire and the preservation of the beauty of the City, The City of Rehoboth Beach,

671  to regulate do any of the following:

672                a. Regulate and control the manner of building or removal of removing dwelling houses and other

673  buildings; to establish buildings.

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674  b. Establish a code for the same building or removing dwelling houses and other buildings and to provide

675  for the granting of permits for the same; to establish same.

676  c. Establish a building line for buildings to be erected; zone erected.

677  d. Zone or district the The City of Rehoboth Beach and make particular provisions for particular zones or

678  districts with regard to building or building materials; and, generally to materials.

679  e. Generally exercise all the powers and authorities vested in the legislative body of cities and

680  incorporated towns under and by virtue of Chapter 179, Revised Code of Delaware, 1935, and all amendments

681  thereto. incorporated municipalities under Title 22 of the Delaware Code.

682  24. (22) To acquire, build, erect erect, and maintain a suitable place as a lock-up or jail for the The City of

683  Rehoboth Beach, which shall be is used as a place of detention for persons convicted of violation of law or ordinance,

684  or for the detention of persons accused of violation of law or ordinances for a reasonable time, in cases of necessity,

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

686  beggars, and vagrants; provided, that the vagrants. The jails of Sussex County may be used for any such purpose, in

687  which event the City purpose allowed under this Section. If a Sussex County jail is used, The City of Rehoboth Beach

688  shall pay for the board of persons committed thereto to that jail for violations of The City of Rehoboth Beach

689  ordinances of the City which that are not violations of any general law of the this State.

690  25. (23) To acquire, build, erect erect, and maintain buildings and facilities necessary or required for housing

691  and equipping offices of the City. The City of Rehoboth Beach.

692  26. (24) To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, beanshooters, and

693  any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or

694  prevent the use of fireworks, bombs bombs, and detonating works of all kinds.

695  27. (25) To provide for the punishment of a violation of any ordinance of the The City of Rehoboth Beach by

696  a fine or imprisonment, or both, not exceeding Five Hundred Dollars ($500) or sixty (60) days, and for working any

697  person sentenced to such imprisonment or any person who shall refuse to so work when ordered. $2,500.

698  28. (26) To provide do any of the following:

699  a. Provide for the organization organization, control, and government of a fire department and the control

700  and government thereof; to establish department.

701  b. Establish fire limits and do all things necessary for the prevention or extinguishment of fires; and, in

702  their discretion, to contribute, donate to prevent or extinguish fires.

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703  c. Donate or give such amounts of money money, as they may The Commissioners deem appropriate unto

704  appropriate, to any Volunteer Fire Company or Companies volunteer fire company incorporated under the laws of

705  Delaware, this State or any Volunteer Fire Association or Associations volunteer fire association maintaining and

706  operating fire fighting firefighting equipment and service to the City; provided that any such The City of Rehoboth

707  Beach. A contribution, donation donation, or gift may be made subject to such conditions and stipulations as to the

708  use thereof on using the contribution, donation, or gift as The Commissioners shall deem advisable.

709  29. (27) To purchase, take take, and hold real and personal property when sold for any delinquent tax,

710  assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and

711  the like, laying out and repairing sidewalks, or other charge due the The City of Rehoboth Beach and to sell the same.

712  30. (28) To levy and collect taxes for any and all municipal purposes upon all real estate located within the

713  City, The City of Rehoboth Beach, except lands belonging to the The City provided that the of Rehoboth Beach. The

714  amount to be raised from this source shall real estate taxes may not exceed the sum of three million dollars

715  ($3,000,000.00). 0.1% of the fully assessed value of all real estate located within The City of Rehoboth Beach.

716  31. To levy and collect a personal or per capita tax upon all persons otherwise qualified to vote at any annual

717  municipal election to be used for any and all municipal purposes and not to exceed the sum of One Dollar ($1.00) in

718  any one year for each such person.

719  32. To (29) Except telephone, telegraph, power lines or poles, and rail lines owned or operated by any railroad

720  or railway company engaged in interstate commerce, to levy and collect taxes upon all telephone, telegraph, power

721  poles, pipe lines, rail lines lines, or other constructions or erections of a like character erected within the limits of the

722  City, The City of Rehoboth Beach, together with the wire or other appliances thereto or thereon attached, expressly

723  excepting all telephone, telegraph, power lines or poles and rail lines owned or operated by any railroad or railway

724  company engaged in interstate commerce, for any and all purposes, and to this end may at any time direct the same to

725  be included in or added to the City Assessment. In case annual assessment. If the owner or lessee of such constructions

726  or erections, wires wires, or other appliances shall refuse refuses or neglect neglects to pay the taxes levied thereon, in

727  addition to the remedies for the collection thereof of taxes set forth in Section 27 of this Charter, The Commissioners

728  shall have authority to may cause the same to be removed.

729  33. (30) To license, tax tax, and collect fees annually for any and all municipal purposes (including purposes,

730  including the cost and expense of advertising the City) The City of Rehoboth Beach, of such various amounts as The

731  Commissioners from time to time shall fix, from any individual, firm, association association, or corporation carrying

732  on or practicing any business, profession profession, or occupation within the limits of the Town; provided, however,

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733  that nothing herein shall The City of Rehoboth Beach’s limits. Nothing in this paragraph (30) may be so construed as

734  to make it mandatory upon for any resident of the this State to apply for a license in order to sell sell, in the The City of

735  Rehoboth Beach, any farm produce or products grown upon a farm owned by the vendor or any member of his the

736  vendor’s family with whom he the vendor resides.

737  34. (31) To determine from which authorized sources and in what proportions taxes shall be are levied and

738  used each year to raise the revenue or funds required to meet the general expenses of the municipal corporation The

739  City of Rehoboth Beach and all funding, amortization amortization, and interest requirements on it’s the The City of

740  Rehoboth Beach’s outstanding bonds or other indebtedness.

741  35. (32) To provide for the collection of and disbursement of all monies moneys to which the The City of

742  Rehoboth Beach may become entitled by law, including licenses and fines, where if no provision for the collection and

743  disbursement thereof of the moneys is otherwise provided in the this Charter.

744  36. (33) To borrow money in the name of the The City of Rehoboth Beach for any proper municipal purpose,

745  and in order to secure the payment of the same, to issue bonds or other kinds or forms of certificate or certificates of

746  indebtedness, pledging the full faith and credit of the The City of Rehoboth Beach or such other security or securities

747  as The Commissioners shall select, for the payment of the principal thereof and the interest due thereon, all of which

748  interest. The bonds or other kinds or forms of certificates of indebtedness issued by the The City shall be of Rehoboth

749  Beach are exempt from all State, County state, county, or municipal taxes; provided, that in no event shall the taxes.

750  The indebtedness of the City for any and all purposes, The City of Rehoboth Beach for all purposes may not at any one

751  time exceed in aggregate seventy-five million dollars ($75,000,000.00). $75,000,000.

752  37. To acquire, and/or (34) By way of condemnation or eminent domain, to acquire or to vacate the use of,

753  lands, tenements, personalty, property, easements, rights of way, or any interest in property, either within or without

754  inside or outside the limits of the City, by way of condemnation and eminent domain, The City of Rehoboth Beach, for

755  any proper and lawful municipal purpose or whenever required properly to carry out, exercise exercise, or fulfill any

756  power conferred upon or delegated to the municipal corporation The City of Rehoboth Beach by the this Charter.

757  Proceedings by way of condemnation in any such case shall be are the same or prescribed hereafter in Section 33 of

758  this Charter as for the opening and laying out of new streets or the vacating or abandoning of old streets and the under

759  Section 33 of this Charter. The resolutions referred to in said Section 33 shall of this Charter must be changed and

760  modified to cover any case contemplated hereby. under this paragraph (34).

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761  38. (35) To appropriate money to pay the debts, liabilities liabilities, and expenditures of the City, or any part

762  or item thereof, The City of Rehoboth Beach from any fund applicable thereto, applicable fund, and to temporarily

763  transfer temporarily money from one fund to another fund of the Town in case of emergency.

764  39. (36) To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge

765  charge, or other amount due the The City of Rehoboth Beach by the performance of labor or service for the The City of

766  Rehoboth Beach by any person owing the same.

767  40. (37) To inquire into and investigate the conduct of any office, officer, agent, or employee of the The City

768  of Rehoboth Beach or any municipal affair, and for affair. For any such purpose or purposes purpose, The

769  Commissioners may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and

770  production of books, papers papers, or other evidence by summary process.

771  41. (38)a. To make, adopt adopt, and establish all such ordinances, regulations, rules rules, and by-laws,

772  bylaws, not contrary to the laws of this State and or the United States, as The Commissioners may deem necessary to

773  carry into effect any of the provisions of this Charter or any other law of the this State relating generally to municipal

774  corporations or which they The Commissioners may deem proper and necessary for the good government of the City,

775  The City of Rehoboth Beach, the protection and preservation of persons and property property, and of the public health

776  and welfare of the The City of Rehoboth Beach and its inhabitants; provided, that any inhabitants.

777  b. Any ordinance relating to the public health of the The City of Rehoboth Beach and its inhabitants, or

778  designed to prevent the introduction or spread of infectious or contagious diseases, diseases or to prevent

779  nuisances affecting the same, shall apply not only applies within the corporate limits of the The City but as well of

780  Rehoboth Beach and to all areas and persons within 1 mile outside the The City within one mile from said of

781  Rehoboth Beach limits.

782  42. (39) To establish, by ordinance duly adopted in accordance with under this Chapter, Charter, a pension

783  plan or plan, a health and welfare plan, or both, for the employees of The City of Rehoboth Beach under such the terms

784  and conditions as The Commissioners, in their discretion, deem most appropriate; provided, that the appropriate. If

785  deemed advisable by The Commissioners, the method of funding may, if deemed advisable by The Commissioners,

786  may be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in

787  this State and approved by a majority of The Commissioners.

788  43. (40)a. To borrow money up to $1,000,000 a year in anticipation of revenues on the full faith and credit of

789  The City of Rehoboth Beach sum or sums not exceeding One Million Dollars ($1,000,000) in any one year when, if, in

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790  the opinion of a majority of the Commissioners of Rehoboth Beach, The Commissioners, the needs of The City of

791  Rehoboth Beach require it.

792  b. Any sum so borrowed shall must be secured by promissory notes of The City of Rehoboth Beach

793  Beach, which are duly authorized by a Resolution resolution adopted by the The Commissioners of Rehoboth

794  Beach and signed by the Mayor of The City of Rehoboth Beach and attested by the Secretary of the

795  Commissioners of Rehoboth Beach with the corporate seal affixed and no affixed. An officer or Commissioner

796  shall be is not liable for the payments of such the promissory notes because it is the officer or Commissioner

797  signed by them the promissory notes as officers an officer or Commissioner of The City of Rehoboth Beach and is

798  the promissory notes are authorized by the Resolution resolution of the Commissioners of Rehoboth Beach;

799  PROVIDED, HOWEVER, that The Commissioners. But the total sum outstanding at any one time shall may not

800  exceed One Million Dollars ($1,000,000); AND PROVIDED FURTHER, that any $1,000,000.

801  c. Any sum of money so borrowed, as aforesaid, borrowed under this paragraph (40) in any fiscal year

802  shall must be paid from the general fund of The City of Rehoboth Beach, and shall may be completely repaid at

803  any time but must be completely paid paid, with interest, at the end of ten (10) 10 fiscal years following the first

804  fiscal year when said the sum or sums were borrowed with interest thereon; and PROVIDED FURTHER, that

805  such ad was borrowed. Ad valorem taxes shall be levied as are necessary to pay the principal of and interest on

806  said the bonds as is required without regard to any other limitation concerning the maximum rate of taxation and

807  such taxation. The notes and the interest thereon shall be on the notes are exempt from all taxation by the this State

808  of Delaware or by any political subdivision, agency agency, or subdivision thereof. of this State.

809  44. (41) To impose and collect a lodging tax of no more than 3% of the rent, in addition to the amount

810  imposed by the this State, for the occupancy of any room or rooms in a hotel, motel, or tourist home which is located

811  within the boundaries of the City, The City of Rehoboth Beach, under Chapter 61 of Title 30 of the Delaware Code.

812  Indemnification Of City Officers And Employees

813  Section 29A.

814  (a) For purposes of this section, the term Section, “city officers and employees” shall include includes the Mayor

815 and the Commissioners of the City of Rehoboth Beach, other Commissioners, all appointed officers officers, and all

816 employees of the The City of Rehoboth Beach.

817  (d)(1) The city solicitor City Solicitor shall undertake the representation or defense without charge of any city

818 officer or employee in a civil action arising out of or related to the performance by said officer or employee of his of the

819 city officer’s or employee’s public duties; or duties.

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820  (2) The City Solicitor may undertake the representation or defense without charge of any city officer or

821  employee in a criminal action arising from the performance of his the city officer’s or employee’s duties and which

822  duties, if the action does not allege official misconduct, profiteering, bribery, receiving unlawful gratuities, improper

823  influence influences, or other use of his their office or employment. An A city officer or employee may select his or

824  her their attorney with the concurrence of the city solicitor City Solicitor and the The Commissioners.

825  (e) An A city officer or employee who is held liable for the payment of any claims arising out of a civil action, or

826 settlements, judgments, expenses, costs costs, and awards of attorneys attorney’s fees arising therefrom, shall be from the

827 civil action, is entitled to indemnification therefor from the where The City of Rehoboth Beach, if the City Solicitor

828 determines, subject to The Commissioners’ approval, that the claim shall have been determined by the city solicitor, subject

829 to the approval of the Commissioners, to have resulted from activities; which: activities that were all of the following:

830  1. Were done (1) Done in good faith; and faith.

831  2. Where done (2) Done in the reasonable belief that such the activities were in the The City of Rehoboth

832  Beach’s best interest of the City, and in the furtherance of the The City of Rehoboth Beach’s official practices and

833  policies of the City; and policies.

834  3. Were within (3) Within the city employee’s or officer’s the scope of authority of the person so acting; and

835  authority.

836  4. Were within the (4) Within the city employee’s or officer’s course of employment of the person so acting;

837  and employment.

838  5. Were not wilful, malicious (5) Not willful, malicious, or wanton.

839  (f) In addition to the City’s The City of Rehoboth Beach’s obligation to indemnify City city officers and

840 employees, the City Manager Manager, on behalf of the is hereby authorized to The City of Rehoboth Beach, may enter

841 into contracts of insurance for the indemnification of City city officers and employees who are determined to be entitled

842 thereto to indemnification in accordance with subparagraph (c) subsection (e) of this section, Section, or for such broader

843 coverage as he the City Manager deems advisable.

844  (g)(1) The Commissioners may, upon resolution, authorize may authorize, by resolution, the payment of legal fees

845 incurred by a City city officer or employee for representation in a criminal action, if the charge arose out of or in the course

846 of City employment. the city officer’s or employee’s official duties. The Commissioners shall review an application for

847 reimbursement based upon on the criteria set forth in subsection (c). In no event shall any payment (e) of this Section.

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848  (2) Payment under this section subsection may not be authorized where the if the city officer or employee has

849  has, after trial and any appeal, been found guilty of, after trial and any appeal, or has entered a plea of guilty or nolle

850  contendere nolo contendere, to a crime involving a breach of public trust.

851  Drainage

852  Section 38.

853  (a)(1) The Commissioners of Rehoboth Beach shall have the full jurisdiction and control, within the limits of the

854 City, within The City of Rehoboth Beach’s limits, have all of the following:

855  a. The full jurisdiction and control of the drainage of all water thereof, together with the water.

856  b. The right to alter and change the course and direction of any of the natural water courses, runs and

857  rivulets within the limits of the City and The City of Rehoboth Beach’s limits.

858  (2) The Commissioner Commissioners may pass ordinances for the opening of gutters, surface water and

859  underground drains and sewers within the limits of the City. The City of Rehoboth Beach’s limits.

860  (b)(1) The Commissioners of Rehoboth Beach shall also have full power to regulate, maintain, clean clean, and

861 keep the natural water courses, runs runs, and rivulets within the The City of Rehoboth Beach’s limits open and clean open,

862 clean, and unobstructed and for that purpose may authorize the entry upon private lands and take, condemn condemn, and

863 occupy the same private lands in the same manner and by the same condemnation proceedings as hereinbefore provided by

864 Section 33 of this Charter; which is concerned with the opening and laying-out of any streets. Charter. By like proceedings

865 The Commissioners of Rehoboth Beach shall also have the power and authority to enter upon private lands and take,

866 condemn condemn, and occupy the same private lands for the purpose of laying-down gutters, surface any of the following

867 within The City of Rehoboth Beach’s limits:

868  a. Gutters.

869  b. Surface water and underground water drains or sewers, or any of them, within the City limits.

870  Provided, however, that the drains.

871  c. Sewers.

872  (2) The resolutions referred to in Section 33 of this Charter shall must be changed and modified to cover those

873  cases contemplated by this particular Section of the Charter shall be changed and modified to cover those cases

874  contemplated by this particular Section of the Charter.

                                                 SYNOPSIS

               This Act amends the City of Rehoboth Beach’s Charter by making all of the following changes requested by The
     Commissioners of the City of Rehoboth Beach (Rehoboth Beach):

               1. Adds qualifications for candidates to be eligible for election or appointment to serve as a member of The
     Commissioners, including the Mayor, and requires a candidate to file an affidavit of eligibility attesting that the candidate
     meets the required qualifications. A candidate for election or appointment must meet all of the following qualifications:

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          - The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The Commissioners.
          - The candidate does not share a financial interest with a serving member of The Commissioners
          2. Eliminates mileage reimbursement for non-resident Commissioners.
          3. Updates the process for fixing the salaries for members of The Commissioners, including the Mayor, by
allowing The Commissioners to fix the salaries by ordinance. An ordinance to increase salaries may not take effect earlier
than 6 months after the ordinance is adopted.
          4. Eliminates the Mayor’s civil and criminal jurisdiction because Rehoboth Beach has an Alderman and Assistant
Alderman with civil and criminal jurisdiction. Also eliminates the Mayor’s duty to keep a docket of official acts and to
report fines the Mayor imposes because the Mayor’s Court is eliminated. The Alderman and Assistant Alderman are
required to record all official acts in the Alderman’s docket. Also, information regarding actions taken by the Mayor and
the other Commissioners is available on Rehoboth Beach’s public website.
          5. Adds a new subsection under Section 13 of the Charter to clarify that the Mayor retains the power to solemnize
marriages in Rehoboth Beach, even though the Mayor’s Court is eliminated.
          6. Eliminates the penalties for the Mayor failing to return documents and moneys belonging to Rehoboth Beach at
the end of the Mayor’s term. Due to advancements in technology, the Mayor does not physically hold moneys belonging to
Rehoboth Beach and documents belonging to Rehoboth Beach are stored electronically.
          7. For violating an ordinance, increases the maximum fine from $500 to $2,500 and removes the penalties of
imprisonment and being ordered to work while imprisoned.
          8. Updates the Auditors of Accounts section to do all of the following:
          - Require the appointment of 1 certified public accountant or accounting firm to serve as an independent Auditor
of Accounts (Auditor) for a 5-year term.
          - Prohibit reappointment of an Auditor until the expiration of 5 years since the Auditor last served.
          - Remove the requirement that the Auditor to be a substantial freeholder in Rehoboth Beach.
          - Change publication of the auditor’s report from a newspaper to the Rehoboth Beach website.
          9. Removes the minimum valuation for real estate or improvements subject to assessment.
          10. Adds the option for Rehoboth Beach to adopt county assessments for municipal tax purposes in compliance
with Chapter 11 of Title 22 of the Delaware Code.
          11. If Rehoboth Beach does not adopt county assessments, requires the Tax Assessor must reassess property at
least every 5 years, to mirror the county reassessments required under § 8306 of Title 9 of the Delaware Code.
          12. Updates the deadline for certification of a quarterly supplemental tax list to match Rehoboth Beach’s fiscal
year.
          13. Requires Rehoboth Beach to calculate the rolled-back rate and to provide notice of the difference between the
rolled-back rate and the tax rate set by The Commissioners, as provided in § 1105 of Title 22 of the Delaware Code.
          14. Changes the deadline for preparing the City Budget from May to March and changes the deadline for levying
annual taxes from June to March because Rehoboth Beach’s fiscal year begins on April 1.
          15. Updates the process for fixing the compensation or salary for Rehoboth Beach’s employees, officers, and
agents, other than the members of the Commissioners, to conform with modern practices. Salary or compensation is fixed
in the City Budget instead of at the annual meeting.
          16. Removes The Commissioners’ powers to do all of the following because the powers are no longer relevant to
present day and are no longer exercised by The Commissioners:
          - Regulate the observance of the Sabbath Day.
          - Establish and regulate pounds.
          - Prohibit or impound wild or domestic animals.
          - Impose taxes on dog owners.
          - Collect a per capita tax on all persons who are qualified to vote in the annual municipal election.
          17. Changes the cap on real estate taxes from $3,000,000 to 0.1% of the fully assessed value of all real estate
located in Rehoboth Beach.

          This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual, including reorganizing paragraphs, deleting redundant language, correcting typos and misspellings, fixing
tabulation, and editing outdated or unclear language. The changes to Sections 7, 29A, and 38 of the Charter are technical
changes and not substantive changes. These changes to these Sections to fix typos and misspellings, correct internal
references, use consistent terms, and reorganize the Sections so that the language is more clear.

          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 Huxtable

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Every fact on this page links to its source, starting with the official bill record.