AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDEN.

Legislation Document

SPONSOR:

Sen. Seigfried & Rep. Lambert

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 220

AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDEN.

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 Village of Arden by deleting the text of the Charter in its entirety and making insertions as shown by underlining as follows:

Charter of Arden

Preamble of Arden

We, the people of the Village of Arden, under the constitution and laws of the state of Delaware, to secure the benefits of local self-government and to provide for an open, honest, and accountable town assembly government, do hereby adopt this charter and confer upon the Village the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. This action affirms the values of direct democracy, strong volunteer political leadership, active citizen participation, diversity and inclusiveness, social justice, regional cooperation, and environmental stewardship. Founded in 1900 upon the economic theory of Henry George’s Single Tax, principles of the Arts and Crafts movement, the Garden City concept, and other contemporary forward- thinking ideas, the Village of Arden has continued to nurture a diverse community that includes many artists, activists, and reformers.

Name and General Powers

Section 1

(a) The inhabitants of the Village of Arden, in New Castle County, Delaware, and their successors within the limits hereinafter prescribed or hereafter established, are hereby constituted, created and established a municipal corporation and body politic forever, by the name and style of the "Village of Arden", hereinafter "the Village".

(b) Under that name they shall have perpetual succession; may have and use a corporate seal, which may be altered, changed or renewed at pleasure; may sue and be sued; for any public, municipal, educational or charitable purpose, may acquire by gift, grant, purchase, lease, demise, bequest or otherwise hold, real and personal property within and without the limits hereinafter prescribed; for the common benefit may dispose of real and personal property owned or held by it; and shall possess in addition to the powers expressly enumerated or specifically mentioned in this Act, all powers, which under the Constitution of the State of Delaware, it is now or in the future may be, lawful for this Act to enumerate. All powers of the Village, whether expressed or implied, shall be exercised as prescribed by this Act. If no procedure or manner of exercise be prescribed herein, the same shall be exercised as prescribed by an appropriate ordinance or resolution of the Town Assembly of Arden.

Territorial Limits

Section 2

(a) The corporate limits of the Village are hereby established and declared to be as follows:

BEGINNING at a point on the southeasterly right of way line or Marsh Road (at 60 feet wide), said point of Beginning being in the center line of the West Branch of Naamans Creek and a corner for lands now or formerly of the Trustees of Ardentown; thence from said point of Beginning and along the said center line of the West Branch of Naamans Creek by the various courses thereof in a generally southeasterly direction and along line of said lands now or formerly of the Trustees of Ardentown, lands now or formerly of the Albert T. Hanby Foundation, along the southwesterly boundary line of Highland Woods, along line of lands now or formerly of Stockdale Corp., and along the southwesterly boundary line of Indian Field, 3900±feet to a point; thence along the northwesterly line of Ardentown, South 62°-08'-05" West, 2291.79 feet to a point in the center line of Grubb or Harvey Road, said course crossing over an existing monument set on the southwesterly side of Orchard Road (at 38 feet wide) and crossing Apple Tree Lane and Millers Road (at 38 feet wide) ; thence along the said center line of Grubb or Harvey Road, North 20°-05’-50" West, 5.75 feet to a point; thence along line of lands now or formerly of Alfred Strickler the 3 following described courses and distances: (1) South 63°-05'-40" West, and passing through a 48 inch tulip poplar tree, 86.89 feet to a point; (2) South 60°-31'-00" West, 127.20 feet to a point; and (3) South 58°-45’-00" West, 131.90 feet to a point, a corner for said lands now or formerly of Alfred Strickler and lands known as Ardencroft; thence along the northwesterly line of said lands known as Ardencroft and lands now or formerly of the Ardencroft Association known as the Mushroom House Lot, South 57°-38’-50" West, 1356.16 feet to an existing pipe in the northeasterly line of lands now or formerly of Benjamin J. Steinbery et ux; thence thereby North 25°-04’-24", West, 1354.00 feet to a point, a corner for lands now or formerly of Samuel B. Eure et ux; thence along the northeasterly line of said lands now or formerly of Samuel B. Eure et ux, North 25°-00’-25" West, 777.10 feet to a monument located on the said southeasterly right of way line of Marsh Road; thence along the said southeasterly right of way line of Marsh Road the 3 following described courses and distances: (1) North 58°-31’-13" East. 758.02 feet to a point, said course crossing said Grubb or Harvey Road; (2) North 56°-54’-59" East, 1062.84 feet to a point of curvature; and (3) northeasterly along a curve to the left having a radius of 984.93 feet. an arc distance of

317.89 feet to a point in the said center line of the West Branch of Naamans Creek and a corner for said lands now or formerly of the Trustees of Ardentown and the point and place of Beginning, said course being distant by a chord of North 47°-40’-12" East, 316.51 feet from the last described point. CONTAINING within such metes and bounds, and including Grubb or Harvey Road, 159.00 acres of land be the same more or less...

(b) Amended Boundaries

Sherwood Forest Addition purchased on February 7, 2004 5.02 acres

BEGINNING at a point in the Southeasterly side of Marsh Road (at 60 feet wide) distant Southwesterly 728.56 feet measured along said Southeasterly side of Marsh Road from the intersection thereof with the center line of Grubb Road, said point of Beginning being a comer for lands now or formerly of Arden Trustees; thence from said point of Beginning along line of lands now or formerly of Arden Trustees, South 21°-1’-30" East, 777.01 feet to a point, a comer for lands now or formerly of Joseph L. Stecker; thence along line of lands now or formerly of Joseph L. Stecker South 70°-15’-10” West, 300 feet to a point; thence by line of lands of Sherwood Green North 19°-20’-24” West, 739.03 feet to a point in said Southeasterly side of Marsh Road; thence thereby North 62°-28’-36” East, 280 feet lo said comer for land now or formerly of Arden Trustees and to the point and place of Beginning. Containing within said described metes and bounds 5.026 acres of land, be the same more or less.

Mill Race Addition purchased on June 30, 2017, 1.6 acres

LOT 3, Section F:

BEGINNING at a point In the northwesterly side of Mill Race Road, at 40 feet wide, said point being southwesterly 171.75 feet measured along said side of Mill Race Road from a concrete monument marking the southerly end of a junction curve connecting said side of Mill Race Road with the westerly side of Ravine Road, at 40 feet wide and In the division line between Lots Nos. 2 and 3, Section F; thence thereby, North 59°-00” West 93.01 feet to a point in the division line between Lot 3, Section F, and lands late of Albert T. Hanby; thence thereby South 31°-00” West, 135 feet to a point in the division line between Lots Nos. 3 and 4, Section F; thence thereby, South 59°-00’-00” seconds East,

58.73 feet to a point In the northwesterly side of Mill Race Road; thence thereby, northeasterly along a curve to the right 87.81 feet to a concrete monument marking the beginning of a tangent; thence North 55°-31' East, 25 feet along said side of Mill Race Road to a concrete monument marking the beginning of a curve to the left; thence northeasterly along said side of Mill Race Road, 28.69 feet to the place of Beginning. BE the contents thereof what they may.

LOTS 4,5.6, Section F:

BEGINNING at a point in the middle of West Branch of Naaman' s Creek, at the division line between Highlands Woods and lands now or formerly of Albert T. Hanby, said point of Beginning being marked by a drill hole in a rock as shown on said plat; thence along the division line between Highland Woods and lands now or formerly of said Albert T. Hanby, North 31° East 205 feet more or less to a point In the division line between Lot No. 3 and Lot No. 4, Section F; thence along the division line between Lot Nos. 3 and Lot No. 4, Section F, South 59° East, 58.73 feet to a point In the southwesterly side of Mill Race Road, at 40 feet wide; thence In a southerly direction by the said side of Mill Race Road, along a curve to the left a distance of 88 feet to a point in the division line between Lot No. 4 and Lot No. 5, Section F; thence southeasterly along said side of Mill Race Road along a curve to the left, 87.78 feet to a point marking the beginning of a tangent; thence northeasterly along said side of Mill Race Road along said tangent 67.28 feet to a point marking the beginning of a curve to the right; thence along said side of Mill Race Road along said curve to the right, 65.31 feet to a point in the division line between Lot No. 6, Section F and other lands now or formerly of Stockdale Corporation; thence thereby South 39°-49’ West 203.84 feet to a point in the center line of the west branch of Naaman' s Creek; thence thereby northwesterly 303 feet more or less to the place of Beginning. BE the contents thereof what they may.

(c) The Town Assembly may, at any time hereafter, cause a survey and plot of the village to be made, and said plot or any supplement thereto, when so made and approved by the Town Assembly, signed by the Secretary of the Town Assembly, who shall affix thereto the municipal corporate seal of the Village, and upon being recorded in the office of the Recorder of Deeds of the State of Delaware in and for New Castle County, shall be the record thereof, and such record, or a duly certified copy thereof, shall be evidence in all Courts of Law and Equity of this State.

Definitions

Section 3

As used in this Act:

(a) Resident shall mean a person 18 years or older, who shall have resided in the Village for a period of 6 consecutive months immediately preceding each referendum or each meeting of the Town Assembly of Arden held pursuant to this Act.

(b) General referendum shall mean an election or vote of the residents of the Village at which the vote of a majority of the residents of the Village shall be necessary for the passage or approval of any matter or the election of any candidate voted upon thereat, unless otherwise expressly provided in this Act.

(c) Trustee shall mean a person serving as Trustee under a certain Indenture made the 31st day of January 1908 wherein the lands described in Section 2 hereof, were conveyed upon certain trusts.

(d) Leaseholder shall mean a person who leases a portion of the lands described in Section 2 hereof, from the Trustees serving under said Indenture. 58 Del. Laws, c. 91

(e) An ordinance is a municipal regulation enacted by the Town Assembly which

carries the state's authority and has the same effect within the municipality as a state statute.

(f) A resolution is an act of the Town Assembly which formally expresses the will or action of the Town Assembly.

(g) A policy is a standard course of action officially established by a committee or the Town Assembly. A procedure is a specific course of action adopted by a committee or the Town Assembly for implementing a policy.

(h) A motion is a proposal made in a meeting of the Town Assembly for taking a

formal action or position.

Structure of Government

Section 4

The government of the Village and the exercise of all powers conferred by this Act, except as otherwise provided herein, shall be vested in the Town Assembly of the Village of Arden, referred to herein as the "Town Assembly". The Town Assembly shall consist of all residents of the Village.

Meetings of the Town

Assembly

Section

5

(a) Regular meetings of the Town Assembly shall be held on the fourth Monday of January, March, June

,

and September

of

each

year

after

the

approval

of

this

Act

at

the

Gild

Hall

in

the

Village

or

other

suitable

public

physical or virtual

venue

in the Village. Written notice of the

agenda,

time, date and place of all regular meetings of the Town Assembly shall be

delivered

by the Secretary of the Town Assembly to all residents of the Village at least

7

days prior thereto,

or as state law requires.

(b) Special meetings of the Town Assembly shall be called by the Secretary of the Town Assembly (1) upon the written request of 25 residents, provided that such request shall state the purpose for calling such meeting, which purpose shall be set forth in the notice of such meeting; or (2) upon the affirmative vote of a majority of residents

in

attendance

at

a

regular

or

special

meeting

of

the

Town

Assembly

provided

that

any

motion

for

the calling of a special meeting shall state the purpose therefor, which purpose shall be set forth in the notice thereof. Notice of the

agenda,

time, date and place of any special meeting of the Town Assembly shall be

delivered

to all residents at least

7

days before the date thereof

, or as state law requires. The business of the special meeting shall be confined to the subject mentioned in the call. The date of the special meeting shall be determined by the Advisory Committee. The Special meeting shall be held not more than

45 days after the Secretary’s receipt of the written request signed by 25 residents requesting the meeting or the date of the meeting at which the call of the special meeting was approved.

(c) At

all

meetings

of

the

Town

Assembly

35

residents

shall

constitute

a

quorum

for

the

enactment

of

all ordinances,

the

adoption

of

all

resolutions

and

motions,

and

the

transaction

of

all

business

properly

before

the Town Assembly.

(d) Each resident attending a meeting of the Town Assembly

shall have 1 vote on each matter brought this

Act,

a

majority

of

the

yeas

shall

be

sufficient

to

pass

all

ordinances,

resolutions

and

motions

at any meeting of the Town Assembly and to transact all business properly brought before the meeting.

(e)

No

motion to enact, amend, or repeal an

ordinance

of

the

Village

shall

be

voted

upon

at

a

Town

Assembly meeting

unless

submitted

to

the

Town

Assembly in

writing

and

read

at

the

2

consecutive

meetings preceding

the

meeting

at which such ordinance shall be voted upon, unless changes made at the third reading are deemed by a majority vote of Town Assembly to be significant enough to warrant postponing a final vote on the ordinance to the next Town Assembly meeting. Readings for enactment, amendment or repeal of ordinances may occur at a regular

meeting

or

a

special meeting called for that purpose.

(f) A referendum, as defined in Section 3B herein, can be called for by a majority vote at a Town Assembly meeting.

(g)

The Town Assembly shall determine its own rules and order of business

for its Town Assembly meeting

and shall keep a journal of its proceedings

and

the

yeas

and

nays

which

shall

be

taken

upon

the

passage

of

every

ordinance

and

resolution.

(h)

The

Town

Assembly

shall

elect

a

resident

to

serve

as

Chair

of

the

Town

Assembly

who

shall

preside

at

all meetings thereof. The Chair shall serve for a term of 1 year or until

their

successor is duly elected by the

Town

Assembly

in

accordance

with

the

provisions

hereof.

The

signature,

certifications

or

attestation

of

the Chair

of the Town Assembly to any document pertaining to the affairs of the Village called for by any act, statute, rule, or regulation of the State of Delaware or any agency thereof shall be good and sufficient compliance therewith, notwithstanding that such act, statute, rule, or regulation designates such document to be signed, certified or attested by the Mayor, City Manager, President of Council or like designated chief executive of an incorporated municipality of the State of Delaware.

(i)

The

Town

Assembly

shall

elect

a

resident

to

serve

as

Secretary

of

the

Town

Assembly

for

a

term

of

1 year

or unti

l their

successor is duly elected by the Town Assembly in accordance with the provisions hereof. The Secretary

shall

have

charge

and

custody

of

the

books,

journal,

records,

papers,

and

other

effects

of

the

Village and shall keep the same in a safe and secure place.

The Secretary

shall keep a full and complete record of all of the transactions

of

the

Town

Assembly.

The Secretary

shall

file

and

keep

in

a

safe

place

the

seal

of

the

Village

and

all

papers and documents arising out of the proceedings of the Town Assembly and relative to the affairs of the Village.

The Secretary

shall deliver the same to

their

successor in office.

The Secretary

shall attest the seal of the Village when authorized by the Town Assembly and shall perform such duties and have such other powers as may be prescribed by ordinance.

All

books,

records

and

journals

of

the

Village

in

the

custody

of

the

Secretary

may,

in

the

presence

of the Secretary, be inspected by any resident, Trustee or leaseholder of the Village desiring legitimate information at any time or times as may be convenient. The compensation of the Secretary

shall be determined by the Town Assembly.

Officials and

Committees

of

the

Town

Assembly

Section

6

(a) The Town Assembly may elect such officials

and such agents, committees, and commissioners

of

the

Village

which

the

Town

Assembly

may

deem

proper

and

necessary

for

the

management of

the

Village

and

for

the

operation

and

enforcement

of

this

Act

and

of

any

ordinances

and

resolutions

adopted hereinunder. Any person so elected shall be a resident of the Village and shall serve at the pleasure of the Town Assembly

.

(b) All persons presently serving on committees of the Town Assembly shall continue in office until their successors are duly elected

.

Board

of

Assessors

Section

7

(a) The Town Assembly shall elect a Board of Assessors consisting of 7 residents and 1 non-voting alternate for a 1-year term.

The duties of the Board of Assessors shall consist of assessing the full rental value of leased lands or the community standard of living in the Village. The Board shall conduct a minimum of 2 hearings during their deliberations which shall be open to all residents, Trustees, and leaseholders of the Village.

The Board shall fix

rules

and

regulations

for

the

conduct

of

the

hearings,

provided

that

reasonable

opportunity

shall

be

afforded to all persons entitled to notice thereof to be heard at such

h

earings. The Board shall report its assessment rate to the regular June meeting of the Town Assembly.

(b)

The

Assessors

shall,

before

assuming

office,

take

an

oath

of

office

before

any

person

qualified

under

the

Laws of

the

State

of

Delaware,

to

administer

oaths,

which

oath

shall

be

in

the

following

form:

"I …………….

do

solemnly

swear (or affirm) that I will faithfully perform and discharge my duties as Assessor of Arden to the best of my ability and that I will as nearly as possible assess the full rental value

or community standard of living

for Arden lands as required by the Deed of Trust and the Leases of Arden."

(c)

The

assessment

rate

determined

by

the

Board

for

the

assessment

of

Arden

lands

shall

be

final

and

conclusive, provided that any leaseholder of the Village shall have the right to appeal such determination by submitting a proposed assessment rate to the Town Assembly at its regular September meeting. In the event that such proposed rate shall receive the affirmative vote of 2/3 of the residents voting at such meeting, such proposed rate and the rate determined by the Board shall both be submitted to a general referendum of the residents

of

the

Village.

The

referendum

shall

be

conducted

by

the

Registration

Committee.

The

rate

approved by a majority of valid votes cast shall be the rate in effect until redetermined in the manner herein provided.

(d)

The Board of Assessors shall determine the applicability of differential factors to the application of the assessment rate upon leaseholds in the Village. The Board shall afford leaseholders the opportunity to be heard upon any question arising thereunder.

(e)

It shall be the duty of the Board to keep and maintain a full and accurate record of its deliberations and proceedings, including all information and data considered in its determinations. Such record shall be open to the inspection of any Trustee, resident or leaseholder at any time or times as may be convenient. Upon the expiration of their term in office, the assessors shall deliver the same to their successors.

Budget

Committee

Section

8

(a) The Budget Committee shall consist of 5 residents of the Village elected by the Town Assembly.

The Budget Committee shall prepare a budget (1)

reflecting

the expenditure of Village funds, the use and expenditure

of which

are

not

specifically

governed

by

Federal,

State

or

County

laws,

rules

and

regulations;

and (2)

governing

the

expenditure

of

all

monies

derived

from

the

collection

of

ground

rents,

the

lawful

use

and

expenditure

of which are now and hereafter subject to the approval and consent of the residents of the Village.

(b)

The budget prepared by the Committee shall be reported at a regular meeting of the Town Assembly

each

year.

The

Town

Assembly

may

modify

or

amend

all

or

any

portion

of

the

budget.

The

proposed

budget, with any amendments thereto, shall be approved by the Town Assembly and submitted to a general referendum of the residents of the Village.

(c) In the event that the budget referendum fails the town shall use the previous year’s budget until a new budget can be approved.

Registration

Committee

Section

9

(a) The Registration Committee shall consist of 5 residents of the Village elected by the Town Assembly and 3 non-voting ex-officio members: the Senior Trustee of Arden, the Secretary of the Town Assembly, and the Clerk of the Trustee. Th

e Registration Committee shall register all residents of the Village as defined in Section 3 of this Act and shall keep a full and accurate record thereof which shall set forth the date each resident establishes residence.

The

registration

record

shall

be

conclusive

evidence

of

the

entitlement

of

the

persons

therein

listed to vote at meetings of the Town Assembly and referenda held hereunder.

(b)

The Registration Committee shall supervise all referenda

and elections

held hereunder and shall fix rules and regulations, not

inconsistent

with the provision of this act, for the proper and orderly conduct thereof. The Registration Committee shall certify in writing to the Town Assembly and to the Trustees the results of all referenda held hereunder. 69 Del. Laws, c. 30

Vacancies

Section

10

In case of vacancy created in any office established under the provisions of this Act and the doings of the Town Assembly by reason of death, resignation, loss of residence in the Village, conviction of a felony or otherwise, the Town Assembly, at the earliest possible meeting, shall elect

a resident

to serve the unexpired term of such office.

Powers

and

Ordinances

Section

11

The Village shall have all powers possible for the Village to have under the Constitution and laws of Delaware as fully and completely as though they were specifically enumerated by this Act. In furtherance thereof, the Town Assembly is hereby vested with the authority to enact ordinances and adopt resolutions relating to any subject within the powers or functions of the Village, or relating to the government of the Village, its peace and order,

its

beauty, the health, safety, convenience and comfort of its population, and the protection and preservation of property and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this Charter as to ordinances or resolutions on any particular subject shall be held to be restrictive of the power to enact ordinances

or

resolutions

on

any

subject

not

specifically

enumerated.

Notwithstanding

any

statute,

act

or

law

of

the

State

of Delaware to the contrary, the power to acquire and/or to vacate the use of lands, tenements, personal, property, easements,

rights

of

way

or

any

interest

in

property

within

the

limits

of

the

Village,

as

described

in

Section

2

hereof,

by

way of

condemnation

and

eminent

domain

shall

be

and

is

vested

exclusively

in

the

Town

Assembly;

provided,

however,

that

the Town Assembly may, but is not obliged to do so, consent to the exercise of any such power by an agency, commission or department of the State of Delaware for any lawful purpose.

The

Village

may

exercise

any

of

its

powers

or

perform

any

of

its

functions

and

may

participate

in

the

financing

thereof, jointly

or

in

cooperation,

by

contract

or

otherwise

with

any

1

or

more

states

or

civil

divisions

or

agencies

thereof,

including the government of New Castle County, or the United States or any agency thereof.

It

shall

be

the

duty

of

the

Town

Assembly,

at

a

reasonable

time

or

times,

to

compile

the

ordinances,

policies,

codes,

orders

and rules of the Town Assembly of the Village. The Town Assembly shall

provide access to

copies for the use of the officials of the Village and for public information. From time to time, upon the enactment of new ordinances,

policies,

codes,

rules,

and

regulations,

or

upon

the

enactment

of

amendments

to

the

same,

the

Secretary

of

the

Town

Assembly

shall enroll

the

same

in

the

record

of

the

Town

Assembly

and

keep

copies

of

the

same

to

be

provided

for

that

purpose so that the same may be readily

accessed and

examined.

Enforcement,

Fines

and

Penalties

Section

12

(a) The Justices of the Peace sitting (whether regularly, specially, or otherwise) in the Justice of the Peace Court located nearest to the Village shall have jurisdiction and cognizance of all offenses against the provisions of this Act or t

he authorized ordinances of the Village committed within the limits of the Village as far as to arrest and hold to bail or fine and imprison offenders; provided that

no fine,

penalty,

or sentence of imprisonment be in excess of the limits prescribed by State law.

(b) No

ordinance

of

the

Village

shall

provide

for

a

fine

in

excess

the limits prescribed by State law.

(c) Any person convicted before such Justice of the Peace for the violation of any Village ordinance may appeal from

such

conviction

to

the

Superior

Court

in

and

for

New

Castle

County.

Law Enforcement Officials or Personnel

Section

13

The

Town

Assembly

may

appoint

law enforcement officials,

consisting

of

such

person

or

persons

as

the

Town

Assembly

may

deem

appropriate

.

Contracts

of

the

Town

Assembly

Section

14

The

Town

Assembly

is

vested

with

authority

on

behalf

of

the

Village

to

enter

into

contracts

for

the

rendering

of

services to the Village and/or the purchase of supplies and doing of work for any municipal purpose of the Village. All formal contracts shall be signed by the Chair of the Town Assembly and

witnessed

by

a second official of the Village.

Savings Clause

Section 15

All ordinances, resolutions and motions adopted by the Commissioners of the Village of Arden and in force at the time of the approval, acceptance and going into effect of this Act are continued in force until the same or any of them, shall be repealed, modified or altered by the Town Assembly under the provisions of this Act. All the acts and doings of the Commissioners of the Village of Arden or of any official of the Village of Arden which shall have been lawfully done or performed under the laws of this State, prior to the approval, acceptance and going into effect of this Act are hereby ratified and confirmed unless otherwise provided herein.

Severability

Section 16

If any part of this Act shall be held unconstitutional, such holding shall not in anywise invalidate the remaining provisions of this Act.

Section 17

This Act shall be deemed and taken to be a public Act.

56 Del. Laws, c. 125; 58 Del. Laws, c. 91; 69 Del. Laws, c. 30

SYNOPSIS

This Act deletes the current Charter of the Village of Arden and replaces it with a new charter that differs in several respects.

Among other changes, this Act adds a preamble to the Charter; amends the boundaries of the Village to include the Sherwood Forest Addition and the Mill Race Addition; adds definitions of certain terms; provides that regular meetings of the Town Assembly are to be held at the Gild Hall or other suitable public physical or virtual venue in the village; clarifies and amends the procedures for Special Town Meetings; clarifies and revises the procedures for enacting, amending, and repealing ordinances; provides that a referendum may be called by a majority vote at a Town Assembly Meeting; adds a non-voting, alternate member to the Board of Assessors; removes a provision for the election of the Board of Assessors, which is transferred it to a village ordinance; requires the Board of Assessors to assess the community standard of living, in addition to the full rental value of leased lands; removes provisions for the election of the Budget Committee and the budget referendum voting process, which are transferred to an ordinance; updating language relating to responsibilities of the Budget Committee; provides that if a budget referendum fails, then the town will use the previous year's budget until a new budget can be approved; removes provisions relating to the election of the Registration Committee, which are transferred to an ordinance; revises the fines and penalties that may be imposed by a Justice of the Peace for violations of the Charter or village ordinances and revises the appeals process for convictions thereof; simplifies the Charter's provisions for town law enforcement officials; requires that town contracts must be witnessed by a second Village official, in addition to signed by the Chair of the Town Assembly; deletes the section of the Charter relating to fire, zoning, and housing codes, as those subjects are already handled by New Castle County; replaces gender-specific language with gender-neutral language; and makes other, minor changes to the language of the Charter.

Author: Senator Seigfried