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Legislation Document
SPONSOR:
Sen. Wilson & Rep. Postles
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 171
AN ACT TO AMEND THE CHARTER OF THE TOWN OF HOUSTON.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend the Charter of the Town of Houston by making deletions as shown by strike through and insertions as shown by underline as follows:
Incorporation
Section 1.
The inhabitants of the Town of Houston within the corporate limits
as hereinafter
defined in
Section 2 of
this
Charter or
Charter, and
as extended as hereinafter provided are hereby declared to be a body politic incorporated in law and equity and shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered,
and
defend and be defended in all courts of judicature whatsoever by the corporation name of "The Town of Houston".
Annexation Of Territory
Section 3.
In the event
If
it becomes feasible and necessary in the future for the Town of Houston to enlarge its
then
existing limits and territory,
such
annexation accomplished
pursuant to
under
the following procedures
shall be
is
lawful:
(a)
(1)
If all of the property owners of the territory contiguous to the
then
existing corporate limits and territory of the Town of Houston, by written Petition with the signature of each
such
Petitioner duly acknowledged,
shall
request the Town Council to annex that certain territory in which
they own property,
the property owners own property,
the Mayor
of the Town of Houston
shall appoint a Committee composed of not less than
three (3)
3
of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Council
shall
must
include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than
ninety (90)
90
days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and Town
Council of Houston.
Council.
The report
so submitted shall
must
include the advantages and disadvantages of the proposed
annexation
annexation,
both to the Town of Houston and to the territory proposed to be
annexed
annexed,
and
shall
must
contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons
therefor. In the event that
for
the recommendation. If
the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Houston may then pass a
second
Resolution annexing such territory to the Town of Houston.
Such
The
Resolution
shall be passed
must pass
by the affirmative vote of
two-thirds (2/3)
2/3
of all the elected members of the Town Council.
In the event
If
that the Committee appointed by the Mayor concludes that the proposed annexation is
disadvantageous
disadvantageous,
either to the Town
of Houston
or to the territory proposed to be annexed, the procedure to be followed
shall be
is
the same as
hereinafter provided as
if the annexation were proposed by
five (5)
5
or more property owners but less than all the property owners of a territory contiguous to the
then
limits and territory of the Town of Houston.
(b)
(2)
If
five (5)
5
or more property owners, but less than all of the property owners of a territory contiguous to the
then
limits and territory of the Town of
Houston
Houston,
by written Petition with the signature of each
such
Petitioner duly acknowledged,
shall request
requests
the Town Council to annex
that certain
the
territory in which
they own property,
the property owners own property,
the Mayor
of the Town of Houston
shall appoint a
Committee,
committee,
composed of not less than
three (3)
3
of the elected members of the Town Council, to investigate the possibility of annexation. The
Petition
petition
presented to the Town Council
shall
must
include a description of the territory requested to be annexed and the reasons for the requested
annexation; or the Town Council, by majority vote of the elected members thereof may, by resolution, propose that a committee composed of not less than three (3) of the elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of the Town of Houston.
annexation.
(c)
(3)
Not later than
ninety (90)
90
days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town
Council of Houston.
Council.
The report
so submitted shall
must
include the advantages and disadvantages of the proposed
annexation
annexation,
both to the Town of Houston and to the territory proposed to be annexed and
shall
must
contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons
therefor. In the event that
for
the Committee’s recommendation. If
the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town
of Houston
and to the territory proposed to be annexed, within
thirty (30)
30
days after receiving the report, a
second
resolution
shall then
must
be passed by the Town Council proposed to the property owners and residents of both the Town of Houston and the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its
then
limits and territory.
In the event that
If
the Committee appointed by the Mayor concludes that the proposed annexation is
disadvantageous
disadvantageous,
either to the Town or to the territory proposed to be annexed, within
thirty (30)
30
days after receiving the report of the Committee, the Resolution proposing annexation to the property owners and residents of both the Town
of Houston
and the territory proposed to be annexed
shall
must
be passed by the affirmative vote of
two thirds (2/3)
2/3
of the elected members of the Town Council. If the Resolution
shall fail
fails
to receive the affirmative vote of
two-thirds (2/3)
2/3
of the elected members of the Town Council, the territory proposed to be annexed
shall
may
not again be considered for annexation for a period of
one (1)
1
year from the date that the Resolution failed to receive the required affirmative vote. The
second
Resolution
shall
must
contain a description of the territory proposed to be annexed and
shall
must
fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted by the Town Council setting forth the above information
shall
must
be printed in a newspaper having a general circulation in the Town of Houston at least
one (1)
1
week prior to the date set for the public hearing, or, at the discretion of the Town Council, the
said
Resolution
shall
must
be posted in
four (4)
4
public places both in the Town of Houston and in the territory proposed to be annexed.
(d)
(4)
Following the public hearing, but in no event later than
thirty (30)
30
days thereafter, a Resolution
shall
must
then be passed by a majority of the Town Council ordering a Special Election to be held not less than
thirty (30)
30
nor more than
sixty (60)
60
days after the
said
public hearing on the subject of the proposed annexation. Passage of this Resolution
shall ipso facto be
is
considered the determination of the Town Council to proceed with the matter of the proposed annexation.
(e)
(5)
The notice of the time and place of the
said
Special Election
shall be printed
must be published
within
thirty (30)
30
days immediately preceding the date of
this
the
Special Election in at least
two (2
)
2
issues of a newspaper having a general circulation in the Town of Houston, or, in the discretion of the Town Council, the
said
notice may be posted in public places, both in the Town of Houston and in the territory proposed to be annexed at least
fifteen (15)
15
days prior to the date set for the
said
Special Election.
(f)
(6)
At the Special Election, every property owner, whether an individual,
partnership
partnership,
or a corporation both in the Town of Houston and in the territory proposed to be annexed,
shall
have
one (1)
1
vote. Every citizen of either the Town of Houston or of the territory proposed to be annexed over the age of
eighteen (18)
18
years who is not a property owner
shall have one (1)
has 1
vote. In the case of property owned
by husband and wife jointly, the husband and wife shall each have one-half (1/2) vote. In the event that
more than 1 individual, partnership, or corporation, each property owner has a vote equal to the percentage of the property owner’s interest in the property, but the collective vote of all property owners may not exceed 1 vote. If
a person owns property both in the Town of Houston and in the territory proposed to be annexed and resides in either place,
he
the property owner
may vote only where
he
the property owner
resides.
In the event that a person
If a property owner
owns property both in the Town of Houston and in the territory proposed to be annexed but does not reside in either place,
he
the property owner
may vote only in the Town of Houston and not in the territory proposed to be annexed. Property owners whose property is exempt from taxation or is not assessed for taxation
shall
are
not
be
entitled to vote. The books and records of the Town of
Houston
Houston,
in the case of property owners and citizens of the
Town
Town of Houston,
and the books and records of the Board of Assessment of Kent County, in the case of property owners and residents of the territory proposed to be annexed,
shall be
are
conclusive evidence of the right of such property owners and citizens to vote at the Special Election.
(g)
(7)
In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically authorizing the
said
individual to vote at the
said
Special Election, a duly authenticated Power of Attorney
shall
must
be filed with the Town
Council of the Town of Houston. Said
Council. The
Power of Attorney so filed
shall constitute
is
conclusive evidence of the
individual’
right
of said person
to vote in the Special Election.
(h)
(8)
The Town Council
of the Town of Houston
shall cause voting machines to be used in the Special Election, the form of ballot to be printed as follows:
[ ] For the proposed annexation
[ ] Against the proposed annexation
(i)
(9)
The Mayor
of the Town of Houston
shall appoint
three (3)
3
persons to act as a Board of Special Election, with the concurrence of
a
majority of the
council
,
members of the Town Council,
at least
one (1)
1
of whom
shall
must
own property in the Town of Houston and at least
one (1)
1
of whom
shall
must
own property in the property proposed to be annexed. One
(1)
of the
said
persons so appointed
shall
must
be designated the Presiding Officer. Voting
shall
must
be conducted in a public place as designated by the Resolution calling the Special Election. The Board of Special Election shall have available, clearly marked,
two (2)
2
voting machines. All votes cast by
those
persons,
partnerships
partnerships,
or corporations authorized to vote as residents or property owners in the territory proposed to be annexed
shall
must
be accomplished on
one such
1
voting machine and all ballots cast by those persons, partnerships, or corporations who are authorized to vote as residents or property owners of the Town of Houston
shall
must
be accomplished on the other
such
voting machine. The polling place
shall
must
be open from
one o'clock in the afternoon,
1 p.m.,
prevailing time, until
six o'clock in the evening,
6 p.m.,
prevailing time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls
shall be
are
permitted to vote, even though
such
the
votes are not cast until after the time for the closing of the polls.
(j)
(10)
Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result
thereof; the
thereof. The
Board of Special Election shall make a
Certificate
certificate
under
their
the Board of Special Election’s
Hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the
same
certificate
to the Town
Council of the Town of Houston. Said
Council. The
certificate
shall
must
be filed with the papers of the Town Council.
(k)
(11)
In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast, both from the Town of Houston and from the territory proposed to be annexed, must have been cast in favor of the proposed annexation.
In the event that
If
the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation
shall
may
again be considered for annexation for a period of at least
one (1)
1
year from the date of the
said
Special Election. If a favorable vote for annexation
shall have
has
been cast, the Town Council
of the Town of Houston
shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds in and for Kent
County, but in no event shall said
County. The
recordation
must
be completed
more than ninety (90)
within
90
days following the date of the
said
Special Election. The territory considered for annexation
shall be
is
considered to be a part of the Town of Houston from the time of recordation. The failure to record the description or the plot within the specified time
shall
does
not make the annexation invalid, but such annexation
shall be
is
deemed to be effective at the expiration of the
ninety (90) day
90-day
period from the date of the favorable Special Election.
(l)
(12)
If the territory proposed to be annexed includes only territory
which
that
is exempt from taxation or
which
that
is not assessed on the books on the Board of Assessment of Kent County, no election
shall be
is
necessary and the Town Council
of the Town of Houston
may proceed to annex
such
the
territory by receiving a certified copy of a Resolution requesting
such
annexation, if
such
the
property is owned by a corporation, or by a written Petition with the signature of each
such
Petitioner duly acknowledged, if
such
the
property is owned by an individual, requesting the Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the Petition
shall
must
include a description of the territory requested to be annexed and the reasons for the requested annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor
of the Town of Houston
shall appoint a committee composed of not less than
three (3)
3
of the elected members of the Town Council to investigate the possibility of annexation. Not later than
ninety (90)
90
days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town
Council of Houston.
Council.
The report
so submitted shall
must
include the advantages and disadvantages of the proposed
annexation
annexation,
both to the Town of Houston and to the territory proposed to be
annexed
annexed,
and
shall
must
contain the recommendation of the committee whether or not to proceed with the proposed annexation and the reasons
therefor. In the event that
for the committee’s recommendation. If
the committee appointed by the Mayor concludes that the proposed annexation is
advantageous
advantageous,
both to the Town
of Houston
and to the territory proposed to be annexed, the Town Council
of Houston
may then pass a
second
Resolution annexing such territory to the Town of Houston. Such Resolution
shall
must
be passed by the affirmative vote of
two-thirds (2/3)
2/3
of all the elected members of the Town Council. In the event that the
committees
committee
appointed by the Mayor concludes that the proposed annexation is
disadvantageous
disadvantageous,
either to the Town
of Houston
or to the territory proposed to be annexed, the Resolution
shall
must
be passed by
three-fourths (3/4)
a 3/4 affirmative vote
of all the elected members of the Town Council. If the Resolution fails to receive the required number of votes, no part of the territory proposed for annexation
shall
may
again be proposed for annexation for a period of
one (1)
1
year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the Town Council
of the Town of Houston
shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds in and for Kent
County, and in no event
shall such
County. The
recordation
must
be completed
more than ninety (90)
within 90
days following the passage of the Resolution. The territory considered for annexation
shall be
is
considered to be a part of the Town of Houston from the time of recordation. The failure of the Town Council to record the description and plot within the time hereinbefore specified
shall
does
not make the annexation invalid, but such annexation
shall be
is
deemed to be effective at the expiration of the
ninety (90)
90
day period from the date of the passage of the Resolution.
Structure Of Government
Section 4.
The government of the Town
of Houston
and the exercise of all powers conferred by this Charter, except as otherwise provided herein,
shall be
is
vested in the Town Council, consisting of a Mayor and
four Council members.
4 Town Councilmembers.
The term of the Mayor
shall be
is
for a period of
two
2
years and the term of each
Council member shall be
Town Councilmember is
for the period of
two
2
years, each term commencing at the
annual
first regular
meeting of the Town Council following
his
the annual municipal
election and continuing until
his
a
successor is duly elected and qualified.
Qualifications For Town
Councilman
Councilmember
And Mayor
Section 5.
(a)
The qualifications for Town
Councilman
Councilmember
and the Mayor
shall be
are
as follows:
(a)
(1)
A bona fide resident of the United States and of the State of Delaware and a resident of the Town of Houston for at least
one (1)
1
year
next
preceding the
Annual Municipal Election; and
annual municipal election;
(b)
(2)
At least
eighteen (18)
21
years of age;
(3) Be a citizen of the United States of America;
(c) Be non-delinquent
(4) Is not delinquent
in
their
the payment of
town
taxes;
taxes, utilities, or any other debt owed to the Town of Houston;
(5) Has not been adjudged mentally incompetent;
(6) Has not been convicted of a felony; and
(7) Has not previously resigned, within the 2 years prior to being elected, as a Town Councilmember or Mayor for reasons other than personal health, a close family member’s health, work obligations, or loss of residency in the Town of Houston.
(d)
(b)
Each of the qualifications for Town
Councilman
Councilmember
or Mayor
shall be
is a
continuing
qualifications
qualification
to hold office, and failure of any
of the Councilmen
Town Councilmember
or the Mayor to have any of the qualifications required by this Section during the terms of
his
office
will create
creates
a vacancy in the office.
Method Of Making Nominations For Town
Councilman
Councilmember
Section 6.
(a) On
the last
a
Saturday in
February, two (2)
December, or a different date set by the Town Council, 2
members of the
Town
Council shall sit at a place designated by the Town Council within the
Corporate
corporate
limits of the Town of Houston between the hours of 6 p.m. and 8 p.m.,
or at a different time set by the Town Council,
to accept the names of candidates for election to the office of Mayor and for election to the office of Town
Council Member.
Councilmember.
Notice stating the date,
time
time,
and place of sitting
shall
must
be posted in public places in the Town of Houston at least
ten (10)
14
days prior to date of sitting.
(b) The Town Council shall cause to be printed ballots.
Said ballot shall
The ballots must
contain the names of all persons nominated.
Such
The
ballots
shall
must
be delivered to the persons appointed or selected to hold the election at the opening of the polls. Voting machines
shall
must
be
used; however, in the event no contest exists, they shall not be
used but, if no there is no contest, voting machines are not
required. Voters may also prepare for themselves ballots, either printed or written.
Manner Of Holding
The
Annual Municipal Election
Section 7.
The procedure for holding the annual municipal election
shall be
is
as follows:
(a)
(1)
The annual municipal election
shall
must
be held at a place designated by the Town Council within the corporate limits of
The
the
Town of Houston on the last Saturday in
March
February
of each
and every
year from
three o'clock in the afternoon,
3 p.m.,
prevailing time, until
seven o'clock in the evening,
7 p.m.,
prevailing time. The first
said
annual municipal election to be held pursuant to this Charter
is
to be held on the last Saturday in March A.D. 1979.
(b)
(2)
The
present
Mayor and
Members
members
of the Town Council shall, by this
Act,
Charter,
be appointed to serve and shall continue to serve from and after the passage
hereof
of this Charter
until a Mayor and
Councilmen
Town Councilmembers
are duly
elected; and that at
elected. At
the annual election held on the last Saturday in March, A.D. 1979, after the passage of this
Act
Charter
as provided for in Section 6 of this
Act,
Charter,
a Mayor and
four (4) Councilmen shall
4 Town Councilmembers must
be
elected, the
elected. The
Mayor and
two Councilmen shall be
2 Town Councilmembers are
elected for the term of
one
1
year, or until their successors
shall be
are
duly qualified, and
two Councilmen
2 Town Councilmembers are elected
for the term of
two
2
years, or until their successors
shall be
are
duly
qualified; and thereafter at
qualified. At
every subsequent annual
election
municipal election,
the successors to the Mayor and
Councilmen
Town Councilmembers
whose terms
shall
have expired
shall be
are
chosen to serve for the term of
two
2
years, or until their successors
shall be
are
duly
qualified; and if
qualified. If
any vacancy or vacancies
shall
occur among them by death, resignation, refusal to serve, or otherwise, the remaining
Councilmen shall have the power to
Town
Councilmembers may
fill
such
the
vacancy or vacancies until the
ensuing
next
annual
municipal
election, at which time
such
the
vacancy or vacancies
shall be
are
filled by the election of a Mayor or
Councilmen
Town Councilmember
to fill the unexpired term of the Mayor or
Councilmen
Town Councilmember
in whose stead they
shall be
are
elected.
(c)
(3)
The annual municipal election
shall
must
be conducted by a Board of Election consisting of an Inspector and
two (2) Judges
2 judges
appointed by the
Mayor of the Town of Houston,
Mayor,
with the concurrence of a majority of the members of the Town Council, not later than the last regular meeting of the Town Council prior to the date of the annual municipal election. The Board of Election shall determine who is and who is not lawfully entitled to vote thereat, take reasonable steps to see that the law pertaining to the annual municipal election receives compliance, and shall take reasonable steps for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers
so
chosen and designated to conduct the annual municipal election
shall
are
not
be
present at the polling place at the time designated for the holding of the annual municipal election,
it shall be lawful for
the qualified voters present at the polling place at the time of holding
such
the
annual municipal election to
elect
may elect,
from among their own
number
number,
a person to fill each vacancy
and such
on the
Board of Election
cause
caused
by the absence of any member of the Board of Election. The Board of Election shall keep a list of all persons who voted at
such
the
annual municipal election.
(d)
(4)
At
such
the
annual municipal election every person,
male or female, who shall have attained the age of
eighteen (18)
who is 18
years
old or older
on or before the date of the annual municipal election and who
shall be
is
a bona fide resident of the Town of Houston
shall have one (1)
has 1
vote.
All voters must be residents of the Town of Houston.
The Town
Council,
Council
may, by ordinance, establish a reasonable procedure for the registration of voters and, in such event, compliance therewith may be a prerequisite for voting at the
annual municipal
election.
(e)
(5)
All votes offered at the annual municipal election
shall
must
be offered in person, except in cases where a person is under
doctors
a doctor’s
care, on military duty, or out of town for business reasons. All reasons must be in writing and notarized and submitted with a copy of the ballot, prepared by
the
voter, and also notarized, in a sealed envelope, and delivered to the
Election
Inspector no later than
3:00 P.M
.
3 p.m.
on the day of the
Election.
annual municipal election.
(f)
(6)
Upon the close of the
annual municipal
election, the votes
shall
must
be read and counted publicly. The persons having the highest number of votes for each office
shall be
are
declared duly elected and
shall
continue in office for the term
stated
stated,
or until
his
successors are duly elected and qualified. In case of a tie, there
shall
must
be a run-off election between the candidates so tied.
(g)
(7)
The
Election
Board
of Election
shall enter in a Book, to be provided for that purpose, minutes of the
annual municipal
election, containing the names of the persons chosen, shall subscribe the same, and shall give to the persons elected certificates of the
Election,
annual municipal election,
which Book, consisting
such
of the annual municipal elections
minutes,
shall
must
be preserved by the
Town
Council, and
shall be
is
evidence in any Court of Law and Equity. All ballots cast, all tabulations of votes from voting
machines
machines,
and the records of the
Elections shall
annual municipal election must
be preserved in the custody of the
Election
Board
of Election
for a period of
ten (10)
10
days.
Organization And Annual Meeting Of
The Town
Council
Section 8.
(a) Before entering upon the duties of
their respective offices,
office,
the Mayor-Elect and the
Councilmen-Elect shall
Town Councilmembers-Elect must
be sworn by a Notary Public to perform faithfully and impartially the duties of
their respective offices
office
with fidelity. At
seven-thirty o'clock in the evening,
7 p.m.,
prevailing time,
or at a different time the Town Council may determine,
at the first regular meeting following the annual municipal election, the Town Council shall meet at the
Town
Council Chamber and the newly elected
officers
Mayor and Town Councilmembers
shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity, as aforesaid.
(b) At the annual meeting, held on the first regular meeting following the annual municipal election, the Town Council shall select a Vice-Mayor from among
their own number
the Towns Council’s members
to serve until the first regular meeting after the next annual municipal election and shall also select a Secretary, who may or may not be
from among their own number,
a Town Councilmember,
to serve until the first
regular meeting after the next annual municipal election and shall
also select an Assistant Secretary to serve, as aforesaid, who may or may not be
from among their own number,
a Town Councilmember,
and such other officers and employees as may be determined to be necessary.
Regular And Special Meetings
Section 9.
The Town Council
of the Town of Houston
shall hold
one (1)
1
meeting in each month on the first Thursday of the
month.
month, or on a different day the Town Council may determine.
If the first Thursday of the month
shall be
is
a legal holiday, the monthly meeting of the Town Council
of the Town of Houston shall
must
be held on the next succeeding
regular business day.
Thursday.
Special meetings
shall be
are
called by the Secretary upon the written request of the Mayor of the Town of Houston, or upon the written request of any
two (2)
2
members of the Town
Council of the Town of Houston,
Council,
stating the day,
hour
hour,
and place of the special meeting requested, and the subject or subjects proposed to be considered thereat. The Secretary shall thereon give written notice to the Mayor and to each member of the Town Council of the day,
hour
hour,
and place of
such
the
special meeting and the subject or subjects to be considered thereat.
Such
The
notice of the Secretary
shall
must
be deposited in the United States mail in the main Post Office of the Town of Houston at least
forty-eight (48)
48
hours before the time of
said
the
special meeting, PROVIDED, HOWEVER, that a written waiver of
such
notice signed by the Mayor
of the Town of Houston
and by all members of the Town Council prior to or immediately upon convening of the
said such
special meeting shall make
such
written notice unnecessary and shall authorize and make valid the holding of a special meeting at any time named in the waiver and the transaction of any business considered at the
meeting
special meeting,
if the waiver so states.
Quorum
Section 10.
A majority of the members elected to the Town Council
shall constitute
constitutes
a quorum at any regular or special meeting; but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by Ordinance.
Rules And Minutes Of
The Town
Council
Section 11.
The
Town
Council shall determine its own rules and order of business and shall keep a journal of its proceedings, and the yeas and nays
shall
must
be taken upon the passage of every ordinance and resolution and
shall
must
be entered in the journal with the text of the ordinance or resolution.
Vacancies
Section 12.
If any vacancy
shall occur
occurs
in the office of Mayor or
Councilman
Town Councilmember
by death, resignation, loss of residence in the Town of Houston, refusal to serve, or otherwise, the
same
vacancy
may be filled by a majority vote of the remaining members of the Town Council. The person or persons
so
chosen to fill
such
the
vacancy
shall
must
be qualified as in the case of newly elected members and shall hold office for the remainder of the unexpired term.
Disqualifications
Section 13.
If the Mayor or any
Councilman,
Town Councilmember,
during
his
the Mayor’s or the Town Councilmember’s
term of office,
shall be
is
found guilty of any crime or misdemeanor and sentenced to imprisonment for any term whatever, or violates
(a), (b) or (c) of
Section 5,
Section 5 of this Charter,
or
shall
for any reason
cease
ceases
to be a resident of the
Town, he shall
the Town of Houston, the Mayor or the Town Councilmember is
forthwith
be
disqualified to act as Mayor or
Councilman
Town Councilmember
and
his
the
office
shall be
is
deemed vacant and
shall
must
be filled by the Town Council, as aforesaid. A resignation may or may not be requested by the Town Council.
Contracts
Section 14.
(a) It
shall be
is
unlawful for the Town Council to make or enter into any contract
in excess of Five Hundred Dollars ($500.00)
for materials, supplies, services,
work
work,
or labor, for the benefit and use of the Town of Houston with any member of the Town Council or the Mayor or with any partnership in which any member of the Town Council or the Mayor, or with any corporation in which any member of the Town Council or the Mayor is a Director or controlling stockholder or any firm or company which any member of the Town Council or the Mayor is pecuniarily
interested, provided that if all the elected members of the Town Council shall vote to enter into such contract, then the Town may enter into such a contract.
interested.
Any such contract executed
without such unanimous vote shall be
is
absolutely null and void.
(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted by this Charter
shall
must
be accomplished by competitive bidding and the awarding of contracts to the lowest responsible bidder who submits a responsive bid; PROVIDED, HOWEVER, that competitive bidding
shall
is
not
be
required in any of the following circumstances:
(1) The aggregate amount involved is not more than
Five Hundred Dollars ($500.00);
$5,000.00;
(2) The purchase or
contact
contract
is for personal or professional services;
(3) The purchase or contract is for any service rendered by a
University,
university,
college or other educational institution;
(4) The purchase or contract is for any service to be rendered by the State of Delaware or any political subdivision;
(5) The purchase or contract is for property or services for which it is impracticable to obtain competition;
(6) The public exigency, as determined by the Town Council, will not permit the delay incident to advertising;
(7) The purchase or contract is for property or services for which the Town Council determines the prices received after competitive bidding are unreasonable as to all or part of the requirement or not independently reached in open competition;
(8) A public
emergency
emergency,
as determined by the Town
Council
Council,
exists.
Duties Of The Mayor
And President Of Council
Section 15.
(a) The Mayor shall preside at all
Town Council
meetings
thereat
, and shall vote on all matters brought before the Town Council for a vote.
He
The Mayor
shall appoint all committees, receive complaints of nuisances, and other complaints of citizens concerning violations of law and
ordinances, He
ordinances. The Mayor
shall present a report of complaints and nuisances and violations of law and ordinances to the Town Council at the first regular meeting after receiving
such
the
complaints.
He
The Mayor
may require the Alderman or the Assistant Alderman, as hereinafter provided for in this
Act,
Charter,
to proceed upon
such
the
infractions or violations of law and ordinances immediately
in the event that he
if the Mayor
deems such action to be required. The Mayor shall perform such other duties and have such other powers as the Town Council shall
determine
determine,
not in conflict with the provisions of this Charter.
(b) The Mayor, within
thirty (30)
30
days following
his
the Mayor’s
election, may appoint, by and with the advice and consent of a majority of the elected members of the Town Council,
two (2)
2
suitable persons who
shall be
are
qualified voters of the Town of Houston to act as Alderman and Assistant Alderman. Both the Alderman and the Assistant Alderman shall hold office until each successor
shall be
is
duly appointed and chosen.
(c) The Mayor may, for any reasonable cause, by and with the consent and upon the address of a majority of all the members of the Town Council, remove from office any person appointed by
him
the Mayor
or any of
his
the Mayor’s
predecessors. The person against whom the
Town
Council may be about to proceed shall receive
five (5)
5
days' written notice thereof, accompanied by a statement of the cause alleged for the removal and
shall
must
be accorded a full and fair hearing, if such a request is received by the Mayor by certified mail with return receipt requested within
ten (10)
10
days following the date that notice of removal is received by
such
the
person.
(d) The Mayor may appoint
such
other committees as
he
the Mayor
deems necessary for the proper administration of the Town of Houston or the
Town
Council may, by resolution, authorize the Mayor to appoint certain committees which are deemed necessary to carry out the provisions of this
Act.
Charter.
(e) It
shall be
is
the duty of the Vice-Mayor, in the absence of the
Mayor
Mayor,
to preside at all meetings of the Town Council
in the event of absence of the Mayor
and perform such other duties and to have such other powers of the Mayor as are prescribed by
the
this
Charter
of the Town of Houston
or by any Ordinance of the Town Council.
Secretary
Section 16.
(a) The Secretary must be an owner of property in the Town of Houston, a citizen and resident of the Town of Houston, and at least 21 years old at the time of appointment as Secretary.
(b) The Secretary, before entering upon the duties of the office, must be sworn, or affirmed, to faithfully and honestly perform the duties of the office. The oath or affirmation must be administered by the Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware.
(a)
(c)
The Secretary shall have charge and custody of books, journals, records,
papers
papers,
and other effects of the Town
of Houston
and shall keep the same in a safe and secure place.
They
The Secretary
shall keep a full and complete record of all the transactions in the Town of Houston. The Secretary shall keep a record of the transactions and proceedings of the same, together with such other duties as may be prescribed by this Charter or by Ordinance or rule of the Town
Council of the Town of Houston. They
Council. The Secretary
shall file and keep in a safe place, as may be determined by the Town Council, the seal of the Town of Houston and all papers and documents arising out of the proceedings of the Town Council
of the Town of Houston
relative to the affairs of the
Town. They
Town of Houston. The Secretary
shall deliver the same to
his
the Secretary’s
successor in office.
They
The Secretary
shall attest the seal of the Town of Houston when authorized by the Town Council and shall perform such other duties and have such other powers as may be prescribed by Ordinance.
(b)
(d)
All books,
records
records
, and journals of the Town of Houston in the custody of the Secretary
may,
may be inspected,
in the presence of the Mayor, Secretary, Assistant
Secretary
Secretary,
or any member of the Town
Council of the Town of Houston, be inspected
Council,
by any registered voter of the Town
of Houston
desiring legitimate information at any time, or times, as may be convenient and will not interfere with the regular routine of the business of the
Town.
Town of Houston.
(c)
(e)
All books, records,
papers
papers,
and documents in the custody of the Secretary
shall
must
be open for inspection by members of the Town
Council of the Town of Houston.
Council.
(d)
(f)
Compensation, if any, of the Secretary for
his
the Secretary’s
duties,
shall be
is
determined by the Town Council.
Assistant Secretary
Section 17.
The duties and powers of the Secretary as hereinbefore prescribed shall devolve upon the Assistant Secretary in the absence or inability of the Secretary. The Assistant Secretary shall likewise perform such other duties and have such other powers as may be prescribed by resolution
to
of
the Town Council
of the Town of Houston
and shall receive such compensation as the Town
Council
Council,
by
Resolution
resolution,
shall determine.
The Assistant Secretary must be an owner of property in the Town of Houston, a citizen and resident of the Town of Houston, and at least 21 years old at the time of appointment as Assistant Secretary. The Assistant Secretary, before entering upon the duties of the office, must be sworn, or affirmed, to faithfully and honestly perform the duties of the office. The oath or affirmation must be administered by the Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware.
Alderman And Assistant Alderman
Section 18.
(a) The
Mayor may appoint some suitable person to act as Alderman and may appoint some suitable person to act as Assistant Alderman. Any person appointed by the Mayor to serve as
Alderman
or
and
Assistant Alderman
shall
must
be at least
twenty-one (21)
21
years of age,
shall
be of good character and
reputation
reputation, an owner of property in the Town of Houston,
and
shall be
a
citizen and
resident of the Town of
Houston and shall
Houston. The Alderman and the Assistant Alderman may
not be a member of the Town
Council of the Town of Houston.
Council.
Any person appointed by the Mayor to serve as Alderman or Assistant Alderman
shall be
is
appointed for an indefinite term and any such appointment
shall
must
be confirmed by a majority of all members of the Town
Council of the Town of Houston
.
Council.
Either the Alderman or the Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of
two-thirds (2/3)
2/3
of all the elected members of the Town
Council of the Town of Houston.
Council.
(b) Before entering upon the duties of
his
the
office, the person appointed by the Mayor to serve as Alderman and the person appointed by the Mayor to serve as Assistant Alderman
shall
must
be sworn or affirmed by the Mayor to perform the duties of
his
the
office honestly,
faithfully
faithfully,
and
diligently and
diligently;
to uphold and enforce
the
this
Charter of the Town of Houston
Charter;
and to carry into effect all orders of the Town Council
of the Town of Houston
made pursuant to any law of this State.
the
The
Assistant Alderman shall perform the functions of the Alderman if the Alderman is unavailable and at such other times as may be designated by the Mayor. During such periods the Assistant Alderman
shall have
has
all the powers and duties of Alderman.
(c) The Town Council shall procure suitable records for the use of the Alderman and the Assistant Alderman. Such records
shall be
are
known as the "Alderman's Docket". The Alderman and the Assistant Alderman shall each record all official acts and proceedings in the Alderman's Docket.
(d) The Alderman and the Assistant Alderman
shall
have jurisdiction and cognizance of all breaches of the peace and other offenses committed within the corporate limits of the Town of Houston so far as to arrest and hold for bail or fine and imprison offenders for any offense,
penalty
penalty,
or forfeiture prescribed by
the
this
Charter
of the Town of Houston
and any Ordinance enacted thereunder; of all neglects,
omissions
omissions,
or default of any officer, agent or employee of the
Town;
Town of Houston;
PROVIDED, HOWEVER, that neither the Alderman nor the Assistant Alderman
shall
may
impose any fine in excess of
Five Hundred Dollars ($500.00)
$500.00
nor imprison any offender for more than
sixty (60)
60
days, or both, except as otherwise provided in
the Charter of the Town of Houston.
this Charter.
The Alderman and the Assistant Alderman may, in addition to any other fine or term of imprisonment permitted to be assessed or imposed, impose and collect such costs as are set by Ordinance or Resolution of the Town
Council of the Town of Houston;
Council;
PROVIDED, HOWEVER, that no costs
shall
may
be imposed which are in excess of that which may be imposed by a Justice of the Peace for like service.
(e) The Alderman and the Assistant Alderman shall prepare and submit a monthly report to the Town Council reporting all fines and penalties imposed during the preceding calendar month and shall pay to the Treasurer
of the Town
all such fines and penalties.
(f) The Alderman and the Assistant Alderman shall receive
such
a
salary as may be fixed from time to time by Resolution of the Town Council.
(g) If any Alderman or Assistant Alderman
shall be
is
removed from office as hereinbefore provided,
he
the Alderman or Assistant Alderman
shall deliver to the
Town
Council, within
two
2
days after
his
the Alderman or Assistant Alderman’s
removal from office, all the books and papers belonging to
his
the
office, and to pay over to the
Town
Council all moneys in
his
the Alderman or Assistant Alderman’s
hands within
five (5)
5
days after receiving the notice of
his
the Alderman or Assistant Alderman’s
removal from office. Immediately after the receipt of the books and papers belonging to the office of either the Alderman or the Assistant Alderman, the
Town
Council shall require the auditor of the
Town,
Town of Houston,
appointed as hereinafter provided, to make an audit of the books and papers of the
official so
Alderman or Assistant Alderman who has been
removed from
the
office. Upon the neglect or failure to deliver all the books and papers to the
Town
Council within the time specified by this Charter, or to pay over all of the moneys to the
Town
Council within the time specified, the Alderman or Assistant Alderman, so removed,
shall be deemed
is
guilty of a misdemeanor and upon conviction thereof
shall
must
be fined not less than
Twenty-five Dollars ($25.00)
$25.00
nor more than
One Hundred Dollars ($100.00)
$100.00
for each day
he
the removed Alderman or Assistant Alderman
fails to deliver the books and papers to the
Town
Council or to pay over all moneys to the
Town
Council.
Treasurer
Section 19.
(a)
The Treasurer
shall
must
be a citizen and resident of the
said town
Town of Houston, an owner of property in the Town of Houston, and
above the age of twenty-one
at least 21
years
of age
old
at the time of
his
the Treasurer’s
appointment.
(b)
The
Town
Treasurer, before entering upon the duties of
his
the
office,
shall
must
be
sworn
sworn,
or
affirmed
affirmed,
to faithfully and honestly perform the duties of
his
the
office, which oath or affirmation
shall
must
be administered by the
President, or acting President of Council.
Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware.
(c)
The
Town
Treasurer, before entering upon the duties of
his office
the office
, shall also give bond to the Town of Houston, with sufficient surety to be approved by
the Town
Council, in the
penal
sum of the amount in the municipal aid account or in the amount of
Five Thousand Dollars ($5,000.00)
$10,000.00,
whichever is greater, conditioned for the faithful discharge of the duties of
his
the
office and for the payment of
his
the Treasurer’s
successor in office of all sums of money belonging to
said Town,
the Town of Houston,
which remain in
his
the Treasurer’s
hands upon the settlement of
his
the Treasurer’s
accounts, to which bond condition
shall
must
be annexed a warrant of attorney for the confession of
judgement
judgment
for said penalty.
(d)
The Treasurer shall pay all orders drawn on
him
the Treasurer
by order of
said
the
Council out of any moneys in
his
the Treasurer’s
hands belonging to
said Town. He
the Town of Houston. The Treasurer
shall settle
his
the Treasurer’s
accounts with
said
the Town
Council annually by the end of the fiscal year, and oftener and at such other times as
the Town
Council may require.
Collector Of Taxes
The Town Tax Collector
Section 20.
(a)
The
Collector of Taxes shall
Town Tax Collector must
be a citizen and resident of the
said
Town
of Houston, an owner of property in the Town of Houston,
above the age of twenty-one
at least 21
years
of ag
e
old
at the time of
his
the
Town Tax Collector’s
appointment.
The Town Tax Collector, before entering upon the duties of the office, must be sworn, or affirmed, to faithfully and honestly perform the duties of the office, which oath or affirmation must be administered by the Mayor, the acting Mayor, the Town Solicitor, or a judge of the State of Delaware shall administer the oath or affirmation.
(b)
It
shall be
is
the duty of the Town
Tax
Collector to collect all Town Taxes, water and sewer rents, charges for electric current,
trash service,
and all other kinds of Town revenue, and to pay the same to the
Town
Treasurer as herein
otherwise
provided.
(c)
The
Town Collector,
Town Tax Collector,
before entering upon the duties of
his offices,
the office,
shall give bond to the Town of Houston with sufficient surety to be approved by
the Town
Council, in the sum of the amount of the municipal aid
account,
account or in the amount of $10,000.00, whichever is greater,
conditioned for the faithful performance of the duties of
his
the Town Tax Collector’s
office, and the payment to the Treasurer of
said
the
Town of
Houston of
all moneys collected by
him
the Town Tax Collector
belonging to
said
the
Town
of Houston
from taxes, sewer and water rents, electric current accounts,
trash service,
and all other Town
of Houston
revenue, and for the settlement of
his
the
accounts with the Treasurer
of the Town
at the end of each fiscal year, and oftener and at such other times as
the Town
Council may require, to which bond and condition there
shall
must
be annexed the usual full warrant of attorney for confession of
judgement
judgment
for said penalty.
Town Solicitor
Section 21.
The
Mayor of the Town of Houston
Mayor,
with the advice and consent of a majority of the elected members of the Town Council, shall
select and
appoint a Town Solicitor for an indefinite
term who
shall be
term. The Town Solicitor
is
removable at the pleasure of the Town Council
of the Town of Houston
either with or without due cause stated. The Town Solicitor
shall
must
be a member in good standing of the Bar of the State of Delaware, with offices in
Kent County. It shall be his duty to
the State of Delaware. The Town Solicitor shall
give legal advice to the Town Council and other officers of the Town
of Houston
and
to
perform other legal services as may be required of
him
the Town Solicitor
by the Town Council.
Board Of Health
Section 22.
(a) The Board of Health shall consist of
four (4)
4
members,
one
1
of whom
shall
must
be a practicing physician. The
Board
Mayor
shall
be appointed by
appoint
the
Mayor of the Town of
Houston
Board of Health,
with the advice and consent of a majority of the elected members of the Town
Council
Council,
at the annual meeting hereinbefore provided and shall serve for
one (1)
1
year or until
their
the members’
successors are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of the people of the
Town.
of Houston.
The Board
of Health
shall report to the Town Council in writing whatever is deemed by the Board
of Health
to be injurious to the health of the people of the Town
of Houston
and shall make recommendations to the Town Council concerning whatever may contribute to the health and sanitation of the citizens of the Town of Houston. The Board
of Health
shall organize by the election of a Chairman and Secretary within
ten (10)
10
days after notice of
their
the Board of Health’s
appointment and shall keep a record of
their
the Board of Health’s
proceedings and acts. The Secretary
shall be
is
the executive officer of the
Board.
Board of Health.
(b) The Secretary of the Board
of Health
may be allowed a reasonable annual compensation for
his
the Secretary’s
services, which
shall be
is
determined by the Town Council and no other compensation
shall
may
be paid to the Secretary for
his
the Secretary’s
services as such. The Secretary may or may not be a member of the Board of Health appointed by the Mayor, but
he shall
the Secretary must
be a resident of the Town of Houston.
(c) The Board of Health
shall have
has
the power to recommend the adoption of ordinances relating to the health of the population of the Town
of Houston
or to prevent the introduction or spread of infectious or contagious diseases or nuisances affecting the same and such ordinances, when adopted by the Town Council,
shall
extend to an area outside the Town
of Houston
limits for a distance of
one (1)
1
mile.
(d) If the
Council
Mayor
fails to appoint a Board of Health, the
five (5) Council members
5 Town Councilmembers
shall duly serve.
Police Force
Section 23.
(a) The Town Council shall, from time to time, make such rules and regulations as may be necessary for the organization, government and control of the police force. The police force shall preserve peace and order and shall compel obedience within the Town
of Houston
limits to the Ordinances of the Town
of Houston
and the laws of the State of Delaware. The police force
shall have
has
such other duties as the Town Council shall, from time to time, prescribe. The Chief of Police and the members of the police force
shall be
are
subject to the direction of the Police Commission of the Town Council.
(b) Each member of the police force
shall have
has
police powers similar to those of constables within the Town
of Houston
limits and within
one (1)
1
mile outside
said
the
limits and
shall be
are
conservators of the peace throughout the Town of Houston.
They
Each member of the police force
shall suppress all acts of violence and enforce all laws relating to the safety of persons and property and shall compel the enforcement of all laws enacted by the Town
Council of the Town of Houston.
Council.
In the case of a pursuit of an offender, the power and authority of the police force
shall extend
extends
outside the territorial limitations of the Town of Houston to all parts of the State of Delaware.
(c) Every person sentenced to imprisonment by the
Alderman or
Alderman,
the Assistant
Alderman
Alderman,
or a Justice of the Peace, as the case may be,
shall
must
be delivered by a member of the police force to the correctional institution located in Kent County to be there imprisoned for the term of
his
the person’s
sentence.
(d) In the case of an arrest at any time when the Alderman or the Assistant Alderman
of the Town of Houston shall
is
not
be available
available,
or if
no such
the
Alderman or Assistant Alderman has
not
been appointed, the person arrested may be taken before the nearest Justice of the Peace with offices in Kent County who shall hear and determine the charge, and who, in such case, is vested with all the authority and powers granted by this Charter under the Alderman or the Assistant Alderman. In the case of an arrest at a time when the
Alderman or
Alderman,
the Assistant
Alderman
Alderman,
or the Justice of the Peace
shall
is
not
be
available to hear and determine the charge, the person arrested may be delivered to
the
a
correctional institution located in Kent County for imprisonment until
such
a
reasonable time thereafter
as shall enable
when
the
Alderman or
Alderman, the
Assistant
Alderman
Alderman,
or the Justice of the Peace
is able
to hear and determine the charge against
such
the
person.
(e) It
shall be
is
the duty of the police force to suppress riotous,
disorderly
disorderly,
or turbulent assemblages of persons in the streets of the Town
of Houston
or the noisy conduct of any person in the same. Upon the view of the above or upon view of the violation of any Ordinance of the Town
of Houston
relating to peace and good order thereof, the police force
shall have
has
the right and power to arrest without warrant.
Annual Audit
Section 24.
At the annual meeting hereinbefore provided, the Mayor, with the advice and consent of a majority of the elected members of the Town Council, shall appoint
Auditor
an auditor
of accounts for the Town of Houston.
It shall be the duty of the to
The
auditor
shall
audit the accounts of the Town
of Houston
and all its officers whose duty involves the collection,
custody
custody,
and payment of moneys to the
Town.
Town of Houston.
The auditor shall audit the books of the Alderman and the Assistant Alderman of the Town of Houston, the records of all fines, penalties,
and
costs imposed or collected by
him
the Alderman
pursuant to any
judgement, order
judgment, order,
or decree made. The auditor shall annually make and deliver a detailed report of any and all accounts,
records
records,
and books
by them
examined and audited
which report, shall
by the auditor. The report must
be available to any resident
and/or
or
taxpayer of the Town of Houston. The auditor, in the performance of
his
the auditor’s
duties,
shall have
may
access
to
all records and accounts of the offices of the Town Council, and
he is hereby authorized and empowered to
the auditor may
employ such clerks as in
his judgement
the auditor’s judgment
may be necessary in the proper performance of
his
the auditor’s
duties.
Board Of Assessment
Section 25.
(a) The
Mayor shall appoint the
Board of
Assessment shall be appointed by the Mayor of the Town of Houston,
Assessment,
with the advice and consent of a majority of the elected members of the Town Council, for an indefinite term. The Board of Assessment shall consist of
three (3
)
3
members, all of whom
shall
must
be
over the age of
twenty-one (21) years,
at least 21 years old,
bona fide residents of the Town of
Houston
Houston,
and freeholders of the
Town.
Town of Houston.
(b)
They shall
The Board of Assessment members must
be sworn or affirmed by the Mayor
of the Town of Houston
or by a Notary Public to perform
their
the Board of Assessment’s
duties with fidelity and without favor. It
shall be their
is the Board of Assessment’s
duty to make a fair and impartial assessment of property and persons subject to taxation situate within the corporate limits of the Town
of Houston
and to perform such other duties and reference thereto as
shall
may
be prescribed from time to time by the Town
Council of the Town of Houston.
Council.
Compensation to be received by
them
the Board of Assessment
for the performance of
their
the Board of Assessment’s
duties in the hiring of employees to assist
them
the Board of Assessment
in the performance of
their
the Board of Assessment’s
duties
shall be
is
fixed by and subject to the approval of the Town
Council of the Town of Houston.
Council.
(c) In making such assessment, the rules and exemptions now applicable by law to the making of the assessment for Kent County of persons and property
shall be
are
applicable insofar as consistent with the provisions of this Charter.
Assessment Of Taxes
Section 26.
(a)
The Board of Assessment shall, within
ninety (90)
90
days prior to the beginning of the next fiscal year, make a just,
true
true,
and impartial annual valuation or assessment of all real estate and improvements located thereon located within the Town of Houston. All real estate
shall
must
be described with sufficient particularity to be identified. Real estate
shall
must
be assessed to the owner or owners if
he or they be
the owner or owners are
known. If the owner or owners of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown". A mistake in the name of the owner or owners or a wrong name or an assessment to "owner unknown",
shall
does
not affect the validity of the assessment of any municipal tax or assessment based thereon; PROVIDED, HOWEVER, the assessment
shall
must
specify the last record owner or owners thereof as the same
shall
appear from the records in the Office of the Recorder of Deeds in and for Kent County. The Board of Assessment shall also make a personal assessment of all
male and female
citizens of the Town
of Houston
above the age of
eighteen (18)
18
years, whether an owner of real estate or not,
said
the
personal assessment
shall
must
be determined by the Town Council and certified to the Board of Assessment.
Said
The
personal assessment or per capita tax
shall be
is
in addition to the assessment levied on real estate owned or assessed by any person or persons whomsoever.
(a)
(b)
The Board of
Assessment
Assessment,
after making
such
the
annual assessment, shall, at least
ninety (90)
90
days prior to the end of the fiscal year, deliver to the Town Council
of the Town of Houston
a list containing the names of all persons assessed and the amount of assessment against each.
They
The Board of Assessment
shall also deliver at such time as many copies of
said
the
list as the Town Council shall direct.
(b)
(c)
The annual assessment
shall
must
distinguish the real and personal assessment of each person and
shall
also
must
be arranged so that the land, the improvements thereon, and the per capita assessment
shall
appear in separate columns or spaces. In making this assessment, the Board
of Assessment
shall make its valuation accordingly.
(c)
(d)
The real property of the several members of the Board of Assessment
shall
must
be assessed by the Town
Council of the Town of Houston.
Council.
(d)
(e)
Immediately upon receiving the annual assessment list from the Board of Assessment, the Town Council
of the Town of Houston
shall cause a full and complete copy of the same, containing the amount assessed to each taxable to be
hung
posted
in a public place in the Town of Houston, and there it
shall
must
remain for a period of at least
ten (10)
10
days for the information of and examination by all concerned. Appended thereto and also in public places in
said
the
Town
shall
of Houston must
be posted notices advertising to all concerned that, upon a certain day mentioned therein and not earlier than
ten (10)
10
days after the date of posting of the true and correct copy of the annual assessment list and notices that, at the next regular meeting of the Town Council, the Town Council will hold a court of appeals at which time and place
they
the Town Council
shall hear appeals from the
said
annual assessment. The decision of the Town Council sitting as the Board of Appeals
shall be final and conclusive,
is final,
and
said
the
Town Council shall revise and complete
said
the
assessment at this sitting.
No
A
member of the Town Council
shall
may not
sit upon
his
the Town Councilmember’s
own appeal, but the same
shall
may
be heard and determined by the other
councilmen.
Town Councilmembers.
(e)
(f)
All the members of the Board of Assessment
shall
must
be present on the day fixed for hearing appeals and shall furnish to the Town Council such information and answer such questions as the Town Council may require in respect to any assessment for which an appeal has been taken. The Town Council
shall have
has
the authority to enforce the attendance of the Board of Assessment by appropriate process.
(f)
(g)
In lieu of a Board of Assessment, the
Town
Council may, by majority vote, accept the tax listing of the Kent County Board of
Assessment,
Assessment and
Receiver of Taxes.
(g)
(h)
It will be the responsibility of the Mayor to present at the regular May Meeting of the
Town
Council, the above current tax assessment from the records of the Kent County Board of Assessment and Receiver of Taxes.
Levy Of Annual Taxes
Section 27.
(a) At the last regular meeting in the fiscal year, after having
received a
revised and completed
the assessment,
assessment from Kent County,
the Town Council shall determine, in its best
judgement
judgment
and knowledge, the total amount necessary to be raised by the Town
of Houston
to meet the fixed and anticipated expenses and obligations of the
Town,
Town of Houston,
including reasonable and appropriate reserves for the then current fiscal year as set forth in the Town
budget
Budget
for such
year
year,
plus a reasonable amount to cover unanticipated expenses and emergencies.
(b) The Town Council should then proceed to determine, in its sole discretion, from which sources of the authorized revenues of the Town
of Houston
the amount
so
determined by
them shall
the Town Council must
be raised and, within the limits prescribed by this Charter with respect to any such source, the amount to be raised from each such source.
They
The Town Council
shall then proceed to determine, assess, fix, and/or levy as follows:
(1) The rate of tax on real estate including improvements thereon
per One Hundred Dollars ($100.00)
$100.00
of the assessed value; and/or
(2) The amount of personal or per capita tax upon each citizen of the Town
over the age of eighteen (18) years;
of Houston who is 18 years old or older
; and/or
(3) The rate of tax upon all poles, construction, erections,
wires
wires,
and appliances more particularly mentioned, or intended so to be in Section 30 of this
Charter as
Charter, as
amended; and/or
(4) The several rates to be charged for furnishing water service, sewer service, electric service, gas service, trash collection service,
and
front footage assessment; and/or
(5) The fees or rates to be charged in respect to any other authorized source of revenue sufficient in
their judgement
the Town Council’s judgment
and estimation to realize the amount to be raised from each such source determined by
them to
the Town Council to be
used as aforesaid; PROVIDED, HOWEVER, that sources (4) and (5) aforementioned may be determined, fixed, assessed,
levied
levied,
and/or altered or changed upon other than a fiscal year basis and that any regular or special meeting of the Town Council as the Town Council, in its own proper discretion, shall determine.
(c) Immediately after the last regular meeting prior to the end of
the
each
fiscal
year of each and every
year, the Town Council shall make, or cause to be made, a full,
true
true,
and correct
Annual Tax List
list
showing the amount of tax levied against each taxable thereon from sources (1),
(2)
(2),
and (3) abovementioned. This list
shall be
is
known as the Annual Tax List of the Town of Houston. In addition to the information contained in the assessment list, it
shall
must
also contain information as to the rate of tax upon real estate for each
One Hundred Dollars ($100.00)
$100.00
of assessed valuation thereof.
(d) The Town Council shall cause to be delivered to the Town Tax Collector a duplicate of
said
the
Annual Tax List and the Town Tax Collector shall
proceed to
collect the same as hereinafter provided.
(e) Nothing contained in this Charter shall be construed to affect or impair in any way the validity of any tax, fee,
assessment
assessment,
or other charge lawfully levied,
assessed
assessed,
or due the Town of Houston under existing laws in reference to
said
the
Town
of Houston
and the same are hereby declared to be valid,
binding
binding,
and vested in the Town of Houston created hereby.
(f)
In the event that
If
any tax rate need be changed from the prior years, the
Town
Council shall hold
two (2)
2
public hearings,
(excluding regular meetings)
concerning the changing of any tax rates.
Said
The
public hearings must be posted
ten (10)
14
days prior, in
four (4)
4
public places and in
one (1)
1
newspaper having general circulation in the
Town. A
Town of Houston. Any tax rate changes must be approved by a
majority vote
shall be taken by the council at two (2) regular Council meetings prior to the tax rate changes.
of the Town Council.
Collection Of Annual Taxes
Section 28.
(a) The
Town
Tax Collector, as soon as the Town Council
shall have
has
placed in
his
the Town Tax Collector’s
hands a duplicate Annual Tax List, shall proceed on or before July 1, of the year to collect the taxes on
said
the
duplicate list.
(b) All taxes
so
laid or imposed by the Town of Houston in
the
such
Annual Tax List
shall be and constitute
is
a lien upon all the real estate of the taxable for a period of
ten (10)
10
years against or upon whom
such
the
taxes are laid or imposed, of which
such
the
taxable was seized or possessed at any time after such taxes
shall
have been levied and imposed that is situate within the Town of Houston. Such lien
shall have
has
preference and priority to all other liens on such real estate, as aforesaid, created or suffered by the
said
taxable, although
such
the other
lien or liens be of a time and date prior to the time of the attaching of
such
the
lien for taxes.
(c) All taxes, when and as collected by the
Town
Tax Collector,
shall
must
be paid to the Town of Houston, and all taxes
shall be
are
due and payable at and from the time of the delivery of the Annual Tax List to the
Town
Tax Collector.
(d) In the collection of
said
taxes, there
shall be
is
an abatement of
three percent (3%)
3%
on any taxes paid on or after
the first day of
July
1
and prior to
the last day of August.
August 31.
On all taxes paid after October
1st
1
there
shall be
is
an additional sum of
one and one half percent (1 1/2%)
1 1/2%
interest per month as a penalty for each month or fraction
thereof such
of a month that the
taxes
shall
remain
unpaid and said
unpaid. The
penalty
shall be
is
collected in the same manner as the original amount of the tax. The
town
Town
Council
shall have the power to
may
make just allowances for delinquencies in the collection of taxes. All taxes unpaid after
the 1st of October shall be
October 1 are
considered delinquent. In effecting a collection of any delinquent
tax
tax,
the Town Council may impose a collection charge not to exceed
eighteen percent (18%)
18%
of the amount of the tax and any interest or penalty imposed thereon.
(e) The Town Council may, by ordinance, establish a tax exemption for any
town
Town of Houston
resident
who has reached the age of sixty-five (65)
who is 65
years
old or older
and who has applied to
the county
Kent County
for a tax exemption which will exempt
said
the
resident from
town
Town of Houston
property tax for assessments up to $4,000.00.
(f) When any tax has become delinquent, the
Town
Council may direct the Mayor,
treasurer, tax collector,
the Treasurer, the Town Tax Collector,
or other
council Member
Town Councilmember
to, in the name of the Town of Houston, institute suit before
any
a
Justice of the Peace, or in the
court
Court
of Common Pleas of the State of Delaware, or in the Superior Court of the State of Delaware, for the recovery of the
unpaid
delinquent
tax in an action of debt, and upon
judgment obtained,
obtaining a judgment,
may sue out writs of execution as in other judgments recovered before a Justice of the Peace, or in the Court of Common Pleas, or in the Superior Court as the case may be.
(g) However, should the Town Tax Collector so elect,
he is empowered to
the Town Tax Collector may
sell the lands and tenements of the delinquent taxpayer or the lands and tenements of a delinquent taxpayer alienated subsequent to the levy of the tax by the following procedure:
(1) The Town Tax Collector shall present, in the name of the Town of Houston, to the Superior Court of the State of Delaware, in and for Kent County, a petition
in which shall be stated:
that must be signed by the Town Tax Collector and verified before a Notary Public. The petition must state:
(A)
a.
The name of the taxable;
(B)
b.
The year
for
in
which the tax was levied;
(C)
c.
The total amount due;
(D)
d.
The total amount due;
(E)
e.
The date from which interest and the penalty for nonpayment
shall commence
commenced
and the rate of such interest and penalty and any collection charge permitted;
(F)
f.
A reasonable, precise description of the lands and tenements proposed to be sold;
(G)
g.
A statement that the bill of
said
the
tax has been mailed to the
taxable
property owner
at
his
the property owner’s
last known post office
address
address, by certified mail
with return receipt requested
by certified mail
and postage prepaid;
(H)
h.
That it has been found impractical to attempt to collect the
said
tax by any other remedy
hereinbefore provided. The petition shall be signed by the Town Tax Collector and shall be verified before a Notary Public.
provided under this Charter.
(2) At least
ten (10)
10
days prior to the filing of any such petition as described herein, the Town Tax Collector shall deposit in the mail, in a sealed and stamped envelope and addressed to the taxable at
his
the taxable’s
last known
address requiring a registered receipt returnable,
address, return receipt requested,
an itemized statement of the tax due, together with all interest, penalties, collection charges, and costs then due thereon, together with a notice to the delinquent taxpayer that
he
the Town Tax Collector
shall proceed to sell the lands and tenements of the taxpayer for the payment of the tax. The Town Tax Collector shall exhibit the return
registry
receipt to the
Superior
Court by filing the
same
return receipt
with the petition; PROVIDED, HOWEVER, that if the taxpayer cannot be found, it
shall be
is
sufficient for the
Town
Tax Collector to file with
said
the
petition the evidence that
such
the
statement has been mailed in accordance with this Subsection and has been returned.
(3) Upon the filing of the petition, the Prothonotary shall record the same in a properly indexed record of the Superior Court, in and for Kent County, and shall endorse upon the
said
record of
said
the
petition the following: "This petition, filed the day of , A.D._, and the Town Tax Collector
of the Town of Houston
is
hereby
authorized to proceed to sell the lands and tenements herein mentioned or a sufficient part thereof as may be necessary for the payment of the amount due." This endorsement
shall
must
be signed by the Prothonotary.
(4) Any sales of lands and tenements of a delinquent taxpayer
shall
must
be advertised in public places in the Town of Houston and by
printing the
publishing
notice of
said
the
sale at least
one (1)
1
time in a newspaper of general circulation in the
Town.
Town of Houston.
The notice
shall
must
contain the day, hour, place of
sale
sale,
and a short description of the premises sufficient to identify the same. The handbills
shall
must
be posted at least
ten (10)
10
days before the day fixed for the sale and the newspaper advertisement
shall
must
be published at least
one (1)
1
week before the day of the sale.
(5) Each sale of lands and tenements
shall
must
be returned to the Superior Court of the State of Delaware, in and for Kent County, at the next term thereof following the sale, and the
court
Superior Court
shall inquire into the circumstances and either approve or set aside the sale. If the sale
be
is
approved, the Town Tax Collector making the sale shall make a deed to the purchaser which
shall convey
conveys
the right,
title
title,
and interest of the delinquent taxpayer or
his
the taxpayer’s
alienee; if the sale
be
is
set aside, the Superior Court may order another sale and so on until the tax be collected. The petition,
return
return,
and deed
shall be
are
presumptive evidence of the regularity of the proceeding.
(6)
No
A
sale
shall
may not
be approved by the Superior Court if the owner
be
is
ready at court to pay the taxes, penalty, collection
fees
fees,
and
cost;
no
cost. A
deed
shall
may not
be
made
prepared
until the expiration of
one (1)
1
year from the date of the
sale
sale,
within which time the owner,
his
the owner’s
heirs, executors, or assigns,
shall have the power to
may
redeem the lands
on payment
by paying
to the purchaser,
his
or the purchaser’s
personal representatives or assigns, the costs, the amount of the purchase price,
and twenty percent (20%)
20%
interest
thereon
thereon,
and the expense of having the deed prepared.
(7) After satisfying the tax due and the costs
of expense
of sale from the proceeds of sale, the amount remaining
shall
must
be paid to the owner of the land, upon the refusal of the
said
owner to accept
said
the
residue, or if the owner is unknown or cannot be found, the amount remaining
shall
must
be deposited in
some
a
bank
in
used by
the Town of Houston
in the Town of Houston’s banking
either to the credit of the owner or in a manner in which the
fund
account
may be identified.
(8) In the sale of lands for the payment of delinquent taxes,
the following costs shall be allowed to
any fees, costs, and expenses, including attorney’s fees, court costs, sheriff fees, and filing fees, may
be deducted from the proceeds of the sale or chargeable against the owners, as the case may
be:
be.
(A) To the Prothonotary for filing and recording the petition, One Dollar ($1.00);
(B) For filing and recording the return of sale, One Dollar and Fifty Cents ($1.50);
(C) To the Town Tax Collector for preparing the Certificate, Twenty-Five Cents ($.25), for making the sale of lands, Two Dollars ($2.00), for preparing and filing a return, One Dollar and Fifty Cents ($1.50), for posting sale bills, One Dollar ($1.00). In addition, the costs of printing handbills, the publication of the advertisement of sale in a newspaper, and the auctioneer's fee shall be chargeable as costs. The costs of the deed shall not be chargeable as costs, by shall be paid by the purchaser of the property of the delinquent taxpayer. The total of any Delaware transfer tax shall be paid by the purchaser of said lands at the tax sale.
(9) If the owner of any lands and tenements against which a tax
shall be
is
levied and assessed
shall be
is
unknown, this fact
shall
must
be stated in the advertisement of the sale.
(10) If any person is assessed for several parcels of land and tenements in the same assessment in the Town of Houston, the total of
said
the
taxes may be collected from the sale of any part or portion of
said
the
lands and tenements, provided that the land alienated by the delinquent taxpayer
shall
may
not be sold until other property of the taxpayer
shall have
has
been disposed of and there still remains a delinquency.
(11) In the event of death,
resignation
resignation,
or removal from office of the Town Tax Collector
of the Town of Houston
before the proceedings for the sale of lands
shall have
has
been completed,
his
the Town Tax Collector’s
successor in office shall succeed to all of
his
the Town Tax Collector’s
powers,
rights
rights,
and duties in respect to
said
the
sale. In the event of the death of the purchaser of
said
the
sale prior to
his
the purchaser
receiving a deed for the
property purchased thereat,
property,
the person having right under
him
the purchaser
by consent, devise, assignment, or otherwise, may
refer to
file with
the Superior Court of the State of Delaware, in and for Kent County, a petition representing the facts and praying for an order authorizing and requiring the Town Tax Collector to execute and acknowledge a deed conveying to the petitioner the
premises so sold
property
or a just portion thereof; and thereupon the
court
Superior Court
may make such order touching the conveyance of the premises
as shall be
according to justice and equity.
(12) The Town Tax Collector
shall have the right to
has the same authority to
require the
aid or
assistance of any person or persons in the performance of
his
the Town Tax Collector’s
duty of sale which the Sheriff of Kent County now has by law or may hereafter have.
Town Budget
Section 29.
(a) The fiscal year for the Town of Houston
shall be
is
as determined by Resolution of the Town Council.
(b)
Annually each
Each
year at the regular May Meeting of the
Town
Council, the Mayor shall present a rough draft of the Town Budget for consideration by the
Council members.
Town Councilmembers.
From this rough draft, the Town Council shall, at the regular June meeting, by majority vote, adopt a final Town Budget for the ensuing fiscal year, containing the financial plan for conducting the affairs of the Town
of Houston
for the ensuing fiscal year.
(c) The
budget shall
Town Budget must
contain the following information:
(1) A detailed estimate showing the expense of conducting each department and office of the Town
of Houston
for the ensuing fiscal year;
(2) The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof;
(3) The amount of the debt of the
Town,
Town of Houston,
together with the schedule of maturities of Bond issues;
(4) An itemized statement of all other estimated expenses to be incurred in the affairs of the
Town -for
Town of Houston for
the ensuing fiscal year;
(5) A statement of the amount required for interest on the bonded debt, the amount necessary to pay any bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds";
(6) An estimate of the amount of money to be received from taxes, water rents, sewer service charges, front foot assessments, license fees and all other anticipated income of the Town
of Houston
from any source or sources whatsoever.
(d) The Town Council shall, so far as possible, adhere to the
budget so adopted
Town Budget
in the making of appropriations.
(e) The
budget shall
Town Budget must
be posted in
four (4)
2
public places in the Town
of Houston and on the Town of Houston’s website
within
one
1
week following its adoption, and
shall
must
be available for any resident
and/or
or
taxpayer.
Enumeration Of Powers
Section 30.
(a)
Not by way of limitation upon the power vested in the Town Council
of the Town of Houston
to exercise all powers delegated by this Charter to the
municipal corporation
Town of Houston
or to the Town Council except as may expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, to be exercised by the Town Council in the interest of good government and the safety, health, and public welfare of the
Town,
Town of Houston,
its
inhabitants
inhabitants,
and affairs, that is to say:
(1) To prevent vice,
drunkenness
drunkenness,
and immorality;
(2) To provide for and preserve the health, peace, safety, cleanliness, ornament, good
order
order,
and public welfare of the Town
of Houston
and its inhabitants;
(3) To prohibit all gaming and fraudulent devices;
(4) To prohibit, restrain,
license
license,
or regulate all public sports, exhibitions, shows, parades, productions,
circuses
circuses,
or other public performances,
amusements
amusements,
and games;
(5) To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove,
repair
repair,
or replace any new or present street, highway, lane, alley, water course, park, lake, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline or portion thereof, or any new or present sidewalk, curb, or gutter or portion thereof in the
Town;
Town of Houston;
so specify the grade thereof, the materials to be used in the doing
thereof
thereof,
and the manner in which the same
shall be
is
done; to enter into contacts or agreements for the doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance,
repair
repair,
and upkeep of any street, lane, alley,
roadway
roadway,
or other public thoroughfare within the
Town:
Town of Houston;
(6) To regulate or control the observance of the Sabbath Day;
(7)
(6)
To establish and regulate pounds and to restrain,
prohibit
prohibit,
and impound any domestic or wild animal, beast,
bird
bird,
or fowl running at large, and to authorize the
destruction
relocation, rehousing, removal, or disposal
of the same;
(8)
(7)
To locate, regulate, license,
restrain
restrain,
or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer and manure plants or establishments, swine pens, privies, water closets in any businesses or
building
building,
or conditions detrimental to the public health or constituting a public nuisance or of an offensive or a noxious nature;
(9)
(8)
To enforce the removal of ice,
snow
snow,
or dirt or other foreign substance from sidewalks and gutters by owners or abutting owners;
(10)
(9)
To prohibit,
remove
remove,
or regulate the erection of any stoop, step, platform, bay window, cellar, gate, area, descent, sign,
post
post,
or any other erection or projection in, over,
upon
upon,
or under any street, highway, alley, lane, water course, park, lake, strand,
sidewalks,
sidewalk,
crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline of the
Town;
Town of Houston;
(11)
(10)
To define, prevent,
abate
abate,
or remove nuisances,
obstructions
obstructions,
or any other condition detrimental to the public safety,
health
health,
or welfare;
(12)
(11)
To provide an ample supply of pure water for the Town
of Houston
and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace,
control
control,
and dispose of wells, reservoirs, pumps, machines, stations, tanks, standpipes, water mains, fire
hydrants
hydrants,
and all other equipment,
property
property,
or rights used in or about the collection, storage, purification, conveyance, or distribution or sale of water; to regulate and prescribe for what public or private purposes the water furnished by the Town of Houston may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby
such
the
amounts
shall
are to
be
collected
collected,
and the fines or penalties, or both, for any
wilful
willful
or negligent
injury,
injury
or damage
to
to,
or interference
with
with,
the water system or the equipment,
property
property,
or rights of the
Town;
Town of Houston;
to furnish or refuse to furnish water from the Town
of Houston
system to places and properties outside the Town
of Houston
limits; and to contract for and purchase water and distribute the same to users within or without the Town
of Houston
with the same full powers as though such water had been initially reduced to usefulness by the
municipality itself.
Town of Houston itself;
(13)
(12)
To provide, construct, extend, maintain,
manage
manage,
and control a sewer
system
system,
and/or a sewage treatment and disposal plant and facilities for the health,
sanitation
sanitation,
and convenience of the inhabitants of the
Town;
Town of Houston;
to regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby
such
the
amounts
shall
are to
be
collected
collected,
and the fines or penalties or both, for any
wilful
willful
or negligent injury or damage to, or interference
with
with,
the
said
system,
plan
plant,
or
facilities. To
facilities; to
furnish or refuse to furnish sewer disposal service from the Town
of Houston
system to places and properties outside the Town
limits. In
of Houston limits; in
the interest of the public's health, to compel any and all properties in the Town
of Houston
to be connected to the sewer system of the
Town;
Town of Houston;
and to contract for and purchase sewer disposal service and to resell the same to users within or without the Town
of Houston
with the same full powers as though such service had been initially provided by the facilities therefor of the Town
itself.
of Houston itself;
(14)
(13)
To provide, construct, extend, maintain,
manage
manage,
and control the plant and system, or plants and systems, for the generating,
manufacturing
manufacturing,
and distributing of electric current or gas, or both, to the inhabitants of the Town
of Houston
and for lighting the streets, highways, lanes, alleys, water courses, parks, lake, strands, sidewalks, crosswalks, wharfs, docks, public
buildings
buildings,
or other public places in the
Town,
Town of Houston,
and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace,
control
control,
and dispose of transmission and distribution lines, pipes,
mains
mains,
and other conveyances for any such
electric
current or gas as may be necessarily proper to light the
Town,
Town of Houston,
and to furnish proper connections for electric current and gas to the properties of the inhabitants of the Town
of Houston
who may desire the same; to regulate and prescribe for what private or public purpose the
electric
current or gas furnished by the Town
of Houston
may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be
collected
collected,
and the fines or penalties, or both, for any
wilful
willful
or negligent injury or damage
to
to,
or interference
with
with,
the electric or gas system or systems of the
Town;
Town of Houston;
to furnish or refuse to furnish electric current or gas from the
Town's
Town of Houston’s
system or
systems,
systems
to places and properties outside the Town
of Houston
limits; and to contract for and purchase electric current or gas and distribute the same to users within or without the Town
of Houston
with the same full powers as though
such
the electric
current or gas had been initially reduced to usefulness by the Town
itself.
of Houston itself;
(15)
(14)
To fully control within the Town
of Houston
the drainage of all water and to that end to alter or change the course and direction of any natural water course,
runs
runs,
or rivulet within the
Town,
Town of Houston;
to regulate, maintain, clean and keep the same open, clean and
unobstructed,
unobstructed;
and to provide, construct,
extend
extend,
and maintain,
manage
manage,
and control a surface water drainage system and facilities for the health,
sanitation
sanitation,
and convenience of the inhabitants of the
Town.
Town of Houston;
(16)
(15)
To provide, construct, extend, maintain,
manage
manage,
and control jetties, bulkheads, embankments, flood gates, piers, or fills for the preservation of any strand or high land within the limits of the Town
of Houston
and contiguous thereto to the end that the same may be preserved,
and the
property protected that the general public might enjoy the use
thereof.
thereof;
(17)
(16)
To grant franchises or licenses to any responsible person, firm,
association
association,
or corporation for such period of time, upon such terms, restrictions,
stipulations
stipulations,
and conditions and for such considerations as the Town Council
shall deem
deems
in the best interest of the
municipality
,
Town of Houston,
to use the present and future streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs,
docks
docks,
and other public places of the Town
of Houston
for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, television, railroad excepting railroads or railways engaged in Interstate Commerce, bus,
taxi
taxi,
or other transportation,
carrier
carrier,
or public service to the
Town,
Town of Houston
unto the persons, firms, or corporation residing or located therein and for the purpose of transmitting the same from or through the Town
of Houston
to points outside the limits thereof, and for the purpose of erecting wharfs and piers and for the purpose of vending any article or merchandise upon or from any vehicle upon any present and future street, highway, lane, alley, etc.;
provided that no
but an
exclusive franchise or license
shall
may not
be granted for any such purpose to any person, firm,
association
association,
or corporation whomsoever;
(18)
(17)
To regulate and control the exercise of any license or franchise mentioned in
Section 30 of this Charter,
this Section,
or intended so to be;
(19)
(18)
To direct,
regulate
regulate,
and control the planning, rearing,
treatment
treatment,
and preserving of ornamental shade trees in the streets, avenues, highways,
parks
parks,
and grounds of the Town
of Houston
and to authorize or prohibit the removal or destruction of
said
the
trees;
(20)
(19)
To direct the digging down, draining, filling up, cleaning,
cutting
cutting,
or fencing of lots, tracts, pieces or parcels of ground in the Town
of Houston
which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter;
(21)
(20)
To provide for or regulate the numbering of houses and lots on the streets and the naming of streets and avenues;
(22)
(21)
To regulate,
control
control,
or prevent the use or storage of gun powder, fireworks, tar, pitch, resin, and all other combustible materials and the use of candles, lamps, and other lights in stores, shops,
stables
stables,
and other places; to suppress,
remove
remove,
or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fires;
(23)
(22)
For the prevention of fire and the preservation of the beauty of the
Town,
Town of Houston,
to regulate and control the manner of building or removal of dwelling houses and other buildings; to establish a Code for the same and to provide for the granting of permits for the same; to establish a building line for buildings to be erected; to zone or district the Town
of Houston
and make particular provisions for particular zones or districts with regard to building or building material; and generally to exercise all powers and authorities vested in the legislative body of cities and incorporated towns
under any
by virtue of
22 Del. Laws, c. 3, of 1974, and all amendments heretofore or hereafter adopted;
22
Del. C.
§ 301 et seq.;
(24)
(23)
To acquire, build,
erect
erect,
and maintain a suitable place as a lock-up or jail for the Town
of Houston
which
shall
is to
be used as a place of detention for persons convicted of violation of law or ordinance, or for detention of persons accused of violation of law or ordinances for a reasonable time in cases of necessity prior to hearing and trial; and to provide for the
restraint; support
restraint, support,
and employment of paupers, beggars, and vagrants; provided that any correctional institution located in Kent County may be used for any such purpose;
(25)
(24)
To acquire, build,
erect
erect,
and maintain buildings and facilities necessary or required for housing and equipping the offices of the
Town;
Town of Houston;
(26)
(25)
To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, bean shooters, and any other devices for discharging missiles which may cause bodily
injury
injury,
or injury or harm to property; and to regulate or prevent the use of fireworks,
bombs
bombs,
and detonating works of all kinds;
(27)
(26)
To provide for the punishment of a violation of any ordinance of the Town
of Houston
by fine or imprisonment, or both, not exceeding
Five Hundred Dollars ($500.00) or sixty (60)
$2,500.00 or 60
days, or both;
(28)
(27)
To provide for the organization of a fire department and the control and government thereof; to establish fire limits and to do all things necessary for the prevention or extinguishment of fires; and at the discretion of the Town Council to contribute,
donate
donate,
or give an amount unto any volunteer fire company
or companies
incorporated under the laws of the State of Delaware, or any volunteer fire association
or associations
maintaining and operating fire fighting equipment and service to the
Town;
Town of Houston;
provided that any such contribution,
donation
donation,
or gift may be made subject to such conditions and stipulations as to the use thereof as the Town Council
shall deem
deems
advisable;
(29)
(28)
To purchase,
take
take,
and hold real and personal property when sold for any delinquent tax, assessment, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of the abatement of nuisances and the like, laying out and repairing sidewalks,
curbs
curbs
or gutters,
fines, property violation charges, trash bills,
or other charges due
to
the Town
of Houston
and to sell the same;
(30)
(29)
To levy and collect taxes for
any and
all municipal purposes upon all real estate and improvements located thereon;
PROVIDED, HOWEVER, that the amount to be raised from this course shall not exceed in any one year the sum of Five Hundred Thousand Dollars ($500,000.00); and provided further that there shall be no limitation upon the amount which may be raised from the taxation of real estate for the payment of interest on and principal of any bonded indebtedness whether hereinbefore or hereafter incurred;
(31)
(30)
To levy and collect a personal or per capita tax upon all
persons resident within the corporate limits
residents
of the Town of Houston to be used for
any and
all municipal purposes;
(32)
(31)
To levy and collect taxes upon all telephone,
telegraph,
cable, fiber optic,
power poles, pipelines, rail lines, or other constructions or erections of a like character, erected within the limits of the
Town,
Town of Houston,
together with the wire or other appliances thereto or thereon attached; expressly excepting all telephone,
telegraph,
cable, fiber optic,
power lines or
poles
poles,
and rail lines owned or operated by any railroad or railway company engaged in Interstate Commerce for any and all
purposes
purposes;
and to this end may at any time direct the same to be included in or added to the Town
of Houston
assessment. In case the owner or lessee of such construction or erections,
wires
wires,
or other appliances
shall refuse or neglect
refuses or neglects
to pay the taxes levied thereon, in addition to the remedies provided for the collection thereof set forth in Section 27 of this Charter, the Town Council
shall have
has
the authority to cause the same to be removed;
(33)
(32)
To license,
tax
tax,
and collect fees annually for
any and
all municipal purposes (including the cost and expense of advertising the
Town)
Town of Houston)
of such various amounts as the Town Council from time to time shall fix from any individual, firm,
association
association,
or corporation carrying on or practicing any business,
profession
profession,
or occupation within the limits of the
Town;
Town of Houston;
PROVIDED, HOWEVER, that nothing contained herein shall be so construed as to make it mandatory upon any resident of the State to apply for a license in order to sell in the Town
of Houston
any farm produce or products grown upon a farm owned by the vendor or any member of
his
the vendor’s
family with whom
he
the vendor
resides;
(34)
(33)
To determine from which authorized source and in what proportion taxes
shall
are to
be levied and used each year to raise the revenue or funds required to meet the general expenses of the Town
of Houston
and all funding,
amortization
amortization,
and interest requirements on its outstanding bonds or other indebtedness;
(35)
(34)
To provide for the collection of and disbursement of all moneys to which the Town
of Houston
may become entitled by law, including licenses and fines where no provision for the collection and disbursement thereof is otherwise provided in this Charter;
(36)
(35)
To borrow money in the name of the Town
of Houston
for any proper municipal purpose
and
and,
in order to secure the payment of the
same
same,
to issue bonds or other forms or kinds of certificate or certificates of indebtedness, pledging the full faith and credit of the Town
of Houston,
or such other security or securities as the Town Council shall select for the payment of the principal thereof and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness issued by the Town
shall be
of Houston is
exempt from all state, county or municipal taxes; PROVIDED, HOWEVER, that in no event
shall
may
the indebtedness of the Town
of Houston
for any and all purposes at any
one
1
time exceed in the aggregate
twenty-five percent (25%)
25%
of the assessed value of all real estate in the Town
of Houston
subject to the assessment for the purpose of levying the annual tax hereinbefore mentioned;
(37)
(36)
To acquire, and/or to vacate the use of lands, tenements, personalty, property, easements, rights of way, or any interest in property, either within or without the limits of the
Town,
Town of Houston,
by way of condemnation and eminent domain for any proper and lawful municipal purpose or whenever required properly to carry out,
exercise
exercise,
or fulfill any power conferred upon or delegated to the Town of Houston by this Charter. Proceedings by way of condemnation in any case
shall be
are
as prescribed in
10 Del. Laws, c. 61, of 1974, as heretofore or hereafter amended;
10
Del. C.
§ 6101 et seq.;
(38)
(37)
To appropriate money to pay the debts,
liabilities
liabilities,
and expenditures of the
Town,
Town of Houston,
or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from
one
1
fund to another fund of the Town
of Houston
in case of emergency;
(39)
(38)
To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee, charge, or other amount due
to
the Town
of Houston
by the performance of labor or service for the Town
of Houston
by any person owing the same;
(40)
(39)
To inquire into and investigate the conduct of any officer,
agent
agent,
or employee of the Town
of Houston
or any municipal affair and for such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena;
(41)
(40)
To establish by Ordinance duly adopted pursuant to this Charter a Pension Plan or a Health and Welfare Plan, or both, for the employees of the Town
of Houston
under such terms and conditions as the Town Council, in its discretion, may deem most appropriate; PROVIDED, HOWEVER, that any annual appropriation which is made by the Town Council under any such Pension Plan or any Health and Welfare Plan, or both,
shall
may
not exceed a maximum of
fifteen percent (15%)
15%
of the total annual payroll of the
Town;
Town of Houston;
and provided further, that the method of funding may, if deemed desirable by the Town Council, be accomplished through an insurance company licensed by the State of Delaware or authorized to do business in this State and approved by a majority of the elected members of the Town Council;
(42)
(41)
To borrow money in anticipation of revenues on the full faith and credit of the Town of Houston sum or sums not exceeding
One Hundred Thousand Dollars ($100,000.00)
$500,000.00
in any
one
1
year when, in the opinion of a majority of the Town
Council of the Town of Houston,
Council,
the needs of the Town
of Houston
require it. Any sum so borrowed
shall
must
be secured by promissory notes of the Town of Houston, duly authorized by Resolution adopted by the Town
Council of the Town of Houston, and
Council,
signed by the
Mayor of the Town of Houston,
Mayor,
and attested by the Secretary of the Town Council with the
Town of Houston
corporate seal affixed, and no officer or member of the Town Council
shall be
is
liable for the payments of such notes because it is signed by
them
the officer or Town Councilmember
as officers of the Town
of Houston
and is authorized by the resolution of the Town Council; PROVIDED, HOWEVER, that the total sum outstanding at any one time
shall
may
not exceed
One Hundred Thousand Dollars ($100,000.00);
$500,000.00;
and provided further, that any sum of money so borrowed, as aforesaid, in any fiscal year
shall
must
be paid
to
the general fund of the Town
of Houston
and
shall
can
be completely repaid at any time, but must be completely paid at the end of
ten (10)
20
fiscal years following the first fiscal year when
said
the
sum or sums were borrowed with interest thereon; and provided that
such
ad valorem taxes
shall
may
be levied as is necessary to pay the principal or the interest on
said
the
bonds as is required without regard to any other limitation concerning the maximum rate of taxation and such notes and the interest thereon
shall be
are
exempt from all taxation by the State of Delaware or by any political subdivision,
agency
agency,
or subdivision thereof;
(43)
(42)
To make,
adopt
adopt,
and establish all such Ordinances, Regulations, Rules, and By-Laws not contrary to the laws of this
state
State
and the United States
of America
as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the good government of the
Town,
Town of Houston,
the protection and preservation of persons and property, and of the public health and welfare of the Town
of Houston
and its inhabitants; PROVIDED, HOWEVER, that any Ordinance relating to the public health of the Town
of Houston
and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases or to prevent nuisances affecting the same
shall apply
applies
not only within the corporate limits of the Town
of Houston
but as well to all areas and persons outside the Town
of Houston
within
one (1)
1
mile from
said
the
limits.
Streets
Section 31.
(a) The Town Council
shall have
has
the power and authority to lay out,
locate
locate,
and open new
Streets
streets,
or to widen and alter existing streets or parts
thereof
thereof,
and to vacate or abandon streets or parts thereof, whenever Town Council shall deem it for the best interest of the
Town.
Town of Houston.
(b) The procedure to be used for any of those things heretofore listed in this Section
shall be
are
as follows:
(1) Whenever
five (5)
5
or more property owners in a portion of the Town
of Houston
directly affected or abutting on the proposed street to be opened, layed out, changed, altered, widened,
vacated or closed
or vacated or
abandoned
shall by written petition, with each signature duly acknowledged, request the Town Council to lay out, locate, or open a new street or to widen or alter any existing
street
street,
or any part
thereof
thereof,
or to vacate or abandon a street or any part thereof, the Mayor
of the Town of Houston
shall appoint a committee composed of not less than
three (3)
3
of the elected members of the Town Council to investigate the possibility of changing the structure of
said
the
streets in the
Town.
Town of Houston.
The petition presented to the
Town
Council by the property owners
shall
must
include a description of the property through which the proposed street
shall
is to
be
layed out
laid out,
or description of the street on which any of the other actions heretofore described
shall
is to
take place and the reasons why the change in the structure of the streets of the Town
of Houston
should be undertaken; or the Town Council, by a majority vote of the elected members thereof, may, by resolution, propose that a committee composed of not less than
three (3)
3
of its elected members be appointed by the Mayor to investigate the possibility of changing the street structure of the
Town.
Town of Houston;
(2) Not later than
ninety (90)
90
days following its appointment, the committee shall submit a report concerning its findings to the Mayor and to the Town Council. The report
shall
must
contain the advantages and disadvantages to the Town caused by the changes of the street structure and shall contain the conclusion of
said
the
committee either recommending or disapproving the change of
said
the
street structure. If the report of the committee appointed by the Mayor recommends changing the existing street structure of the Town of Houston, the
Council
Town Council,
by
resolution,
resolution
passed by a majority of the elected members of the Town Council concurring therein, shall propose to the property owners and citizens of the Town
of Houston
that the
Town
Council proposes to change the street structure by opening a new street or by doing any of those things hereinbefore described to the existing street structure of the
Town.
Town of Houston.
If the report of the committee appointed by the Mayor is not in favor of changing the existing street structure of the Town of Houston, the resolution proposing the change in the street structure to the property owners and citizens of the Town of Houston
shall
must
be passed by a majority of
three-fourths (3/4ths)
3/4 affirmative vote
of the elected members of the Town Council. The resolution
shall
must
contain a description of the proposed change and
shall
must
affix a time and place for a public hearing on the matter of changing the street structure. The resolution adopted by the Town Council
shall be printed
must be published
in a newspaper having a general circulation in the Town of Houston or, in the discretion of the Town Council, the resolution
shall
must
be posted in public places in the Town for at least
one (1)
1
week before the time set for the public hearing. The notice
shall
must
be published
it
at
least
one (1)
1
week prior to the date set for the public hearing. The resolution
shall
must
also state the hour and place where and when the Town Council shall sit to hear objections and to award just and reasonable compensation to anyone who will be deprived of property by the proposed change in the existing street structure of the
Town.
Town of Houston.
(3) Whenever the Town Council
shall have
has
determined to locate or lay out or widen any street,
lane
lane,
or alley, and
shall have
has
affixed compensation therefor, it
shall be
is
the duty of the Town Council immediately after the survey and location of
said
the
street,
lane
lane,
or alley, to notify, by certified mail with return receipt requested and postage prepaid, the owner or owners of the real estate, through or over whom such street,
lane
lane,
or alley may run, of
their
the Town Council’s
determination to open or widen the same and to furnish a general description or location thereof; also the amount of compensation or damages allowed to each
such
property owner; if such owner
be
is
not a resident of the
Town,
Town of Houston,
to notify the holder or tenant of
said
the
real estate and the owner of
such
the
property if
his
the property owner’s
address
be
is
known; if there
be
is
no holder or tenant resident in
said Town,
the Town of Houston,
and the address of the owner
be
is
unknown, or if there is a holder or tenant and the address of the owner is unknown, the
said
notice may be affixed to any part of the premises. If the owner
be
is
dissatisfied with the amount of compensation or damages allowed by the Town
of Houston
as
aforesaid said property owner may, within ten (10) days after such notice as aforesaid was posted or mailed, appeal from written notice of assessment or compensation or damages allowed by the Town as aforesaid; said
aforesaid, the
property owner may, within
ten (10)
10
days after
such
notice
as aforesaid
was posted or mailed, appeal from written notice of assessment or compensation or damages by serving written notice, by certified mail with return receipt requested and postage prepaid, on the Mayor
of the Town to the effect
stating
that
he or she
the property owner
is dissatisfied with the amount of
such
the assessed
compensation or damages, and that it is
his or her
the property owner’s
intention to make written application to
one
1
of the Judges of the Superior Court of the State of Delaware, in and for Kent County, for the appointment of a commission to hear and determine the matter in controversy; and in order to prosecute
said
the
appeal,
such
the
owner shall, within
fifteen (15)
15
days after serving
said
notice upon the Mayor as aforesaid, make written application to said Judge of the Superior Court of the State of Delaware, in and for Kent County, for the appointment of
such
a commission; and thereupon the
said
Judge shall issue and appoint a commission directed to
five (5)
5
freeholders of
said county, three (3)
Kent County 3
of whom
shall
must
be residents of the Town of Houston, and
two (2)
2
of whom
shall
must
be nonresidents of
said Town
,
the Town of Houston,
requiring them to assess the damages which the owner of the real estate through or over which the
said
street,
lane
lane,
or alley
shall pass,
passes,
or who
shall have
has
suffered damage because of any other action taken by the Town
of Houston
pursuant to the provisions hereof, and who
shall have
has
notified the
said
Town Council of
their
the property owner’s
intention to
appeal
appeal,
may incur by reason thereof, and to make a return of their proceeding to the
said
Judge at the time therein appointed.
(4) The freeholders
named in such
appointed to the
commission, being first duly sworn or affirmed, shall view the premises and may, or a majority of
them,
the freeholders,
shall assess the damages
as aforesaid
and shall make return in writing of their proceedings to the
said
Judge who shall deliver and return to the Town Council which
shall be
is
final and conclusive. The said Judge
shall have the power to
may
fill any vacancy in the commission. The amount of damages being so ascertained, the Town Council may pay or tender the same to the person or persons entitled thereto within
thirty (30)
30
days after the same
shall be
is
finally ascertained; or if the person or persons so entitled reside out of or are absent from the Town
of Houston
during the
said
period of
thirty (30)
30
days, then the same
shall
must
be deposited to
her
the person’s
credit in the
Wilmington Trust Company, with offices in Milford, Kent County, Delaware,
bank used by the Town of Houston for the Town of Houston’s banking,
within
said time,
the 30-day period,
and thereupon the
said
property or lands may be taken or occupied for the use as aforesaid.
(5) If the
ascertainement and
assessment of damages by the freeholders
appointed by the Judge as aforesaid shall be
is
increased, the cost of the appeal
shall
must
be paid by the Town
of Houston
out of any money in the hands of the
Town Manager
Treasurer
belonging to the
Town;
Town of Houston;
but if
said
the
damages
shall
are
not
be
increased, the cost of the appeal
shall
must
be paid by the party appealing. The
said
freeholder members of the commission shall receive and be entitled for each day's actual service or any part of a day the sum of
Five Dollars ($5.00).
$5.00.
After the damage
shall be
is
fixed and ascertained by the freeholders, the Town Council
shall have
has
the option to pay the damages assessed within the time aforesaid, and to proceed with the
said
improvements, or upon the payment of the costs only, may abandon the proposed improvements. In the event that either party feels that the damages assessed are not just as being excessive or inadequate, an appeal may then be prosecuted by the Supreme Court of the State of Delaware.
Curbing And Paving
Section 32.
(a) Whenever the Town Council
shall have
has
determined that any sidewalks, and/or curbing
shall
is to
be done, it shall cause a notice to be sent to the owner or owners along or in front of whose premises the same is to be done, particularly designating the nature and character thereof, and thereupon it
shall be
is
the duty of
such
the
owner or owners to cause
such
paving of sidewalks and/or curbing to be done in conformity with
said
the
notice. In the event any owner or owners neglect to comply with said notice for the space of
thirty (30)
30
days, the said Town Council may proceed to have the same done and when done, the Town Council shall, as soon as convenient thereafter, present to the owner or owners of
such
the
lands a bill showing expenses of such paving, graveling and curbing, or any of them. If
such
the
owner or owners
be
is
not a resident of the Town of Houston,
such
bills
shall
must
be sent by certified mail with postage prepaid or to
such
the
owner or owners directed to
him, her or them
the owner or owners
at the last known address. If such bill be not paid by the owner or owners of such lands within
sixty (60)
60
days after the presentation thereof as aforesaid, the Town Tax Collector shall proceed to collect the same in the same manner and under the same terms and conditions as are provided for the collection of delinquent taxes.
(b) Any notice sent to
one
1
co-owner
shall be
is
notice to all owners and in the case no owners
shall
reside in
said
Town,
Town of Houston,
notice served as set forth herein or posted upon the premises
shall be
is
sufficient.
(c) The provisions contained herein
shall
apply to any order made by the Town Council in respect to any sidewalk or curb heretofore made or done which the
said
Town Council may deem insufficient or need repairing.
(d) Any street paving and/or graveling
shall be
is
the responsibility of the Town of Houston to maintain.
Collection Of Charges Due The Town
Section 33.
(a) In the collection of any charges due the Town
of Houston
for water rentals, sewer service charges, electric bills, gas bills, trash collection fees, license fees, tapping fees, front foot assessments, charges growing out of the abatement of nuisances, laying out and repairing sidewalks, curbing,
fines, property violation charges,
or any of them, such charges
shall
become a first lien against all real estate of the delinquent property owners and/or taxpayers situate within the
Town,
Town of Houston,
and such charges
shall
have preference and priority for a period of
ten (10)
10
years from the date the charge became due and owing to all other liens on real estate created or suffered by the taxable and property owner, although
such
the
other lien or liens be of a date prior to the time for the attaching of
such
the
liens for such charges.
(b) When any fees
and/or
or
charges due the Town
of Houston
become delinquent, the
Town
Council may direct the Mayor,
treasurer, tax collector,
the Treasurer, the Town Tax Collector,
or other
Council Member
Town Councilmember
to, in the name of the Town of Houston, institute suit before
any
a
Justice of the Peace, or in the Court of Common Pleas of the State of Delaware, or in the Superior Court of the State of Delaware, for the recovery of the
unpaid
delinquent
fees
and/or charges,
or charges in an action of debt,
and upon
a judgment obtained,
obtaining a judgment,
may sue out writs of execution as in other judgments recovered before a Justice of the Peace,
or
or in the Court of Common Pleas, or in the Superior Court as the case may be.
Power To Borrow Money And Issue Bonds
Section 34.
(a) The Town Council may borrow money and issue bonds or certificates of indebtedness to secure the repayment
thereof
of debt
on the faith and credit of the Town of Houston to provide funds for the erection, extension, enlargement,
purchase
purchase,
or
the
repair of any plant, machinery, appliances, or equipment for the supply, or the manufacture and distribution of electricity or gas for light,
heat
heat,
or power purposes; for the furnishing of water to the public, for the construction,
repair
repair,
and improvements of highways,
streets
streets
, or
lane
lanes
or the paving,
curbing
curbing,
or erection of gutters and curbs along the same; for the purchase of real estate for any municipal purpose; for the construction or repair of sewage disposal equipment; or to defray the cost or the
Town of Houston’s
share of the
Town of the
costs of any permanent municipal improvements; PROVIDED, HOWEVER, that the borrowing of money therefor
shall
must
have been authorized for the Town Council in the manner following:
(1) The Town Council
by resolution
shall
propose
propose, by resolution,
to the residents and property owners of the Town
of Houston
that the Town Council proposes to borrow a certain sum of money for any of the purposes above stated. The resolution
shall
must
state the amount of money desired to be borrowed, the purpose for which
it
the money
is desired, the manner of securing the
same,
money,
and all other pertinent facts relating to the loan which are deemed pertinent by the Town Council and in
their
Town Council’s
possession at the time of the passage of the resolution and
shall
must
fix a time and place for a hearing on the
said
resolution.
(2) Notice of the time and place of the hearing on the resolution authorizing
said
the
loan
shall be printed
must be published
in a newspaper having a general circulation in the Town
of Houston
or distributed in circular form at least
one
1
week before the time set for the public hearing.
(3) Following the public hearing, a second resolution
shall
must
then be passed by the Town Council ordering a special election
to
be held not less than
thirty (30)
30
days nor more than
sixty (60)
60
days after the
said
public hearing to borrow the
said
money,
the said special election to be
for the purpose of voting for or against the proposed loan. The passing of the second resolution calling a special election
shall
is,
ipso
facto be
facto,
considered the determination of the Town Council to proceed with the matter
in
at
issue.
(4) The notice of the time and place of holding the
said
special election
shall be printed in
two (2)
must be published in 2
issues of a newspaper having a general circulation in the Town of Houston within
thirty (30)
30
days prior to the
said
special
election, or both, at the discretion of the Town Council.
election.
(5) At the
said
special election, every
citizen of
every property owner, whether an individual, a partnership, or a corporation, in
the Town of Houston
shall have one vote, and in addition, every partnership or corporation owning property within the corp orate limits of the Town of Houston shall also have one vote; and the said votes may be cast either in person or by proxy.
has 1 vote. Every citizen of the Town of Houston who is 18 years old or older and who is not a property owner has 1 vote. In the case of a property owned by more than 1 individual, partnership, or corporation, each property owner has a vote equal to the percentage of the property owner’s interest in the property, but the collective vote of all property owners of the property may not exceed 1 vote. The books and records of the Town of Houston are conclusive evidence of the right of property owners and citizens to vote at the special election.
(6) The Town Council shall cause to be prepared,
printed
printed,
and have available for distribution a sufficient number of ballots not less than
five (5)
5
days prior to the
said
special election. The special election may, at the discretion of the Town Council, be conducted by the use of voting machines or by paper ballot. The
Mayor of the Town of Houston,
Mayor,
by and with the advice and consent of the majority of the Town
Council
Council,
shall appoint
three (3)
3
persons to act as a Board of Special Election. The polling places
shall
must
be opened from
12:00 noon
noon,
prevailing time, until
6:00 in the evening,
6 p.m.
prevailing time, on the date set for the special election.
(7) The Board of Special
Elections
Election
shall count the votes for and against the proposed loan and shall announce the result thereof. The Board of Special Election shall make a certificate under
their
the Board of Special Election’s
Hands of the number of votes cast for and against the proposed loan and the number of void votes and shall deliver the same to the Town
Council
Council,
which
said
certificates
shall
must
be retained by the Town Council with the other papers of the Town Council.
(8) The form of the bond or certificate of indebtedness, the interest rate, the time or times of payment of interest, the classes of the bond, the time or times of maturity, and the provisions as to registration
shall be
are
determined by the Town Council after the
said
special election.
(9) The bonds
shall
must
be offered for sale to the best and most responsible bidder therefor after advertisement in a manner to be
described
prescribed
by the Town Council for at least
one (1)
1
month before offering the same for sale.
(10) The Town Council shall provide
in its budget and in the fixing of the rate of tax
for the payment of interest on and principal of the
said
bonds at the maturity
thereof.
thereof,
in the Town Budget and in fixing of the rate of tax.
(11) The faith and credit of the Town of Houston
shall be
is
deemed to be pledged for the due payment of the bonds and interest thereon issued pursuant to the provisions hereof when the same
had
have
been properly executed and delivered for value.
(b) The bonded indebtedness
shall
may
not at any time
succeed
exceed
in the aggregate the total sum of
twenty-five (25) percent
25%
of the value of real property situate within the limits of the Town of Houston shown by the last assessment preceding the creation of the
said
indebtedness.
Actions Or Suits
Section 35.
No
An
action, suit or proceeding
shall
may not
be brought or maintained against the Town of Houston for
damages, either compensatory or punitive
compensatory or punitive damages
on account of any physical
injury or injuries, deaths
injury, death,
or injury to property by reason of negligence, simple, gross, or willful or
wanton
wanton,
of the
said
Town of Houston, or any of its departments, officers, agents,
servants
servants,
or
employees
employees,
unless the person
by or on behalf of whom such
asserting the
claim or demand
is asserted,
notifies,
within
ninety (90)
90
days from the happening of
said
the
injury or the suffering of
such damages shall notify
damages, notifies
the Town of Houston in writing of the time, place, cause,
character
character,
and extent of the injury sustained or damages suffered.
Such
The
notice
shall
must
be
directed
sent
to the Mayor
of the Town of Houston
by certified mail with return receipt requested and postage prepaid.
Compendium
Section 36.
It
shall be
is
the duty of the Town Council, at reasonable time or times, to compile the ordinances, current regulations,
orders
orders,
and rules of the Town of Houston. The Town Council shall have a reasonable number of copies printed for the use of the officials of the Town
of Houston
and for public information. From time to time, upon the enactment of new ordinances, currents,
rules
rules,
and regulations, or upon the enactment of amendments to
the
same, the Town Council shall enroll the same in the minutes of the Town Council and shall keep copies of the same in a book to be provided for that purpose so that the same may be readily examined.
It
The Town Council
shall furnish
to
the Mayor
of the Town of Houston
copies thereof as they are enacted and therefrom may cause supplements to be compiled and printed to any compendium thereof heretofore printed as above provided.
Revival Of Powers And Validating Section
Section 37.
(a) All powers conferred upon or vested in the Town Council
of the Town of Houston
by any act or law of the State of Delaware not in conflict with the provisions of this Charter are hereby expressly conferred upon and vested in the Town of Houston
and/or
and
the Town Council
of the Town of Houston
precisely as
of
if
each
of said powers
power
was expressly set forth in this Charter.
(b) All ordinances adopted by the Town Council
of Houston
and in force at the time of approval,
acceptance
acceptance,
and going into effect of this Charter are continued in force until the
same or any of them shall be
ordinances are
repealed,
modified
modified,
or altered by the Town Council
of the Town of Houston
under the provisions of this Charter.
(c) All of the acts and doings of the Town Council
of Houston
or of any official of the Commissioners of
the Town of
Houston which
shall have been
are
lawfully done or performed under the provisions of any law of this State or of any ordinance of the Town Council
of Houston
or under any provision of any prior Charter of the
Town Council of the
Town of Houston prior to the approval,
acceptance
acceptance,
and going into effect of this Charter, are hereby ratified and confirmed, unless otherwise
provides herein.
provided in this Charter.
(d) All taxes, assessments, license fees, penalties, fines, and forfeitures due
to
the Town Council
of Houston
or the Town of Houston
shall be
are
due
the
Town of
Houston
Houston,
and all debts from the Town
of Houston
or the Town Council
of Houston shall
remain unimpaired until paid by the Town of Houston.
(e) All powers granted by this Charter in respect to the collection of taxes, license fees,
assessments
assessments,
or other charges
shall be deemed to
apply and extend to all unpaid taxes, license fees, assessments, or other charges heretofore lawfully imposed by the Town
Council of Houston.
Council.
(f) The bonds given by or on account of any official of the Town Council
of Houston shall
are
not
be
impaired or affected by the provisions of this Charter.
(g) All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter
be and the same
are hereby repealed to the extent of
any such
the
inconsistency.
(h) If any part of this Charter
shall be
is
held to be unconstitutional or invalid by a Court of competent jurisdiction
,
such holding
shall not be deemed to
does not
invalidate the remaining provisions of this Charter.
(i) This Charter
shall be taken as and deemed to be
is
a Public Act of the State of Delaware.
SYNOPSIS
This Act amends the Town of Houston (“Town”) Charter to do all of the following:
1. Gender neutralize the Charter.
2. Clarify the voting rights for multiple owners of a single piece of real estate located in the Town.
3. Change the times for polling and elections.
4. Change the qualifications of Town Councilmembers, the Town Secretary, Assistant Secretary, Alderman, Assistant Alderman, Treasurer, Town Tax Collector, and Town Solicitor.
5. Change the dates on which nominations for Town Councilmembers can be made.
6. Clarify when Town Council meetings may be held and the date when Town Councilmembers can be sworn into office.
7. Change the type of contracts that the Town Council may enter into.
8. Change and clarify how Town taxes may be levied and collected.
9. Change how the Town budget must be posted.
10. Remove the regulation and control of observance of the Sabbath Day.
11. Change the Town’s right to regulate animals, beasts, birds, or fowl.
12. Increase the Town’s ability to levy fines.
13. Remove limits on the amount of revenue the Town may raise.
14. Clarify the utilities the Town may tax.
15. Increase the borrowing limits of the Town.
16. Give the Town greater flexibility to locate a bank to serve the Town.
17. Change the voting rights in special elections.
18. Corrects citations to the Delaware Code.
This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act also incorporates previously enacted changes [64 Del. Laws c. 211] that were inadvertently not included in the online copy of the Town of Houston’s Charter.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.
Author: Senator Wilson