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Legislation Document
SPONSOR:
Sen. Huxtable & Rep. Snyder-Hall
Reps. Berry, Burns
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 306
AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend the Charter of the City of Rehoboth Beach by making deletions as shown by strike through and insertions as shown by underline as follows:
Structure Of The Government
Section 3
Section 3.
a.
(a)(1)
The government of The City
of Rehoboth Beach
and the exercise of all power conferred by this Charter, except as otherwise provided
herein, shall be
in this Charter, are
vested in The Commissioners of Rehoboth Beach. The Commissioners of Rehoboth Beach
shall consist of seven (7)
members, to be chosen as hereinafter provided, all of whom shall be citizens of the United States of America.
consists of 7 members, as follows:
a.
One of
said
The
Commissioners
shall have
has
the title of Mayor of The City of Rehoboth
Beach, with duties hereinafter to be prescribed,
Beach who has duties, as provided by this Charter,
and who
shall
is
also
be
President of The Commissioners of Rehoboth Beach.
Each of the seven (7) Commissioners of Rehoboth Beach, at the time of the approval of the Commissioner’s qualifications by The Commissioners as hereinafter provided or at the time of the Commissioner’s appointment as the case may be, shall have attained the age of twenty-one (21) years of age. Not less than three
The Commissioner with the title of Mayor of The City of Rehoboth Beach must be a bona fide resident and domiciliary of The City of Rehoboth Beach and must have been domiciled in The City of Rehoboth Beach for a period of at least 12 months immediately preceding the date of election.
b. At least 3 members
of
the
The
Commissioners
shall
must
be designated resident Commissioners. A resident Commissioner
shall be a bona-fide
is a bona fide
resident and domiciliary of
the City. The Commissioner with the title of Mayor of the City of Rehoboth Beach shall also be a bona-fide resident and domiciliary of the City and shall have been domiciled in the City of Rehoboth Beach for a period of at least twelve (12) months immediately preceding the date of election.
The City of Rehoboth Beach.
c.
The other
three
3 members of The
Commissioners must
either have the qualifications of a resident Commissioner as defined above (i.e. a bona-fide
have at least 1 of the following qualifications:
1. Is a bona fide
resident and domiciliary of
the City) or be
The City of Rehoboth Beach.
2. Is
a freeholder of real estate located within The
City. If any of the Commissioners or the Mayor
City of Rehoboth Beach.
(2) Each member of The Commissioners must have all of the following qualifications:
a. The member must be a citizen of the United States of America.
b. The member must be at least 21 years old at the time of the approval of the individual’s qualifications by The Commissioners, as provided in Section 6 of this Charter, or at the time of the individual’s appointment.
(b)(1) For purposes of this subsection:
a. “Cohabitant” means an individual who lives with another individual in a committed relationship as shown by actions, including sharing a residence, financial interdependence, mutual support, and public representation as a couple, regardless of whether the individuals are legally married or have formally registered a domestic partnership.
b. “Domestic partner” means an individual who has a formally registered domestic partnership with another individual, as recognized by The City of Rehoboth Beach or this State.
c. “Financial interest” means a material interest, legal share, or right in property
in The City of Rehoboth Beach.
d. “Spouse” means an individual who is legally married to another individual.
(2) To be eligible for election or appointment to serve as a member of The Commissioners a candidate must meet all of the following qualifications:
a. The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The Commissioners.
b.
The candidate does not share a financial interest with a serving member of The Commissioners.
(3) An affidavit attesting that a candidate meets the qualifications for eligibility required by paragraph (b)(2) of this Section must be filed as follows:
a. For a candidate for election to The Commissioners, the affidavit must be filed with the nominating petition filed under Section 6 of this Charter before the candidate’s name may be printed on the ballot for the regular municipal election as provided in Section 6 of this Charter.
b. For a candidate for appointment by The Commissioners to fill a vacancy on The Commissioners, the affidavit must be filed with The Commissioners before the candidate may be appointed.
(4) The form of an affidavit filed under paragraph (b)(3) of this Section must be as follows:
“Affidavit of Eligibility
to Serve as a Member of The Commissioners of Rehoboth Beach
STATE OF DELAWARE
COUNTY OF SUSSEX
I, [Full Legal Name of Candidate], being duly sworn, depose and state as follows:
1. I am running for election to The Commissioners
of Rehoboth Beach or I am being considered for appointment by The Commissioners to a fill a vacancy on The Commissioners of Rehoboth Beach.
2. I am of legal age, and I am competent to make this Affidavit.
3. I have read and understand the eligibility requirements for a member of The Commissioners of Rehoboth Beach, including those set forth in Section 3 of the Charter of The City of Rehoboth Beach regarding marriage, domestic partnership, cohabitation relationships, and shared financial interests, and attests that all requirements are met.
4. I am not the spouse, domestic partner, or cohabitant of any current member of The Commissioners of Rehoboth Beach.
5.
I do not share a financial interest in any property with a current member of The Commissioners of Rehoboth Beach.
6. I understand that a false statement in this Affidavit is punishable under the laws of Delaware.
I swear or affirm, under penalty of perjury, that the foregoing statements are true and correct to the best of my knowledge and belief.
[Signature of Candidate]
[Printed Name of Candidate]
[Date]
SUBSCRIBED AND SWORN OR AFFIRMED before me this [Day] day of [Month], [Year], by [Printed Name of Candidate], who is known to me to be the identical individual described herein and who executed the same freely and voluntarily.
[Signature of Notary Public]
[Printed Name of Notary Public]
My Commission Expires: [Notary Commission Expiration Date]
(SEAL)”
(c) If a member of The Commissioners
fails to retain the qualifications
as aforesaid
required by this Section
during the term of office, that
Commissioner or Mayor shall
member
ipso facto
vacate
vacates
office. The Commissioners
shall be
are
judges of the qualifications of
their
The Commissioners’
members.
Elective Offices
Section 5
Section 5.
a.
(a)(1)
The
six
6
offices of Commissioners of Rehoboth Beach and the office of Commissioner of Rehoboth Beach with the title of Mayor of
the
The
City of Rehoboth
Beach,
Beach, known as the Mayor,
with duties
hereinafter to be prescribed, shall be
prescribed by this Charter, are
elective. All other offices
shall be
ap
pointive and the person or persons filling such appointive offices shall be
are
appointed by
the
The
Commissioners
of Rehoboth Beach
in the manner
hereinafter to be prescribed. Six offices of Commissioner of Rehoboth Beach shall be for
prescribed by this Charter.
(2) The Commissioners, including the Mayor, each serve
a
three year
3-year
term.
The office of Commissioner of Rehoboth Beach with the title of Mayor of the City of Rehoboth Beach shall be for a three year term and in every event that a person shall be
(3) Whenever an individual is
nominated
to this office,
for Mayor,
the ballots
shall not only
must
specify that the individual seeks the
Office of Commissioner of Rehoboth Beach, but also that the individual seeks that office
with the title
office
of Mayor
of the City of Rehoboth Beach, with duties hereinafter to be prescribed.
with duties prescribed by this Charter.
b.
(b)
The qualifications for the office of
Commissioner of Rehoboth Beach as well as
Commissioner, including
the office of
Commissioner of Rehoboth Beach having the title of Mayor of the City of Rehoboth Beach shall be
Mayor, are
as set forth in Section 3 of this Charter.
c. In the case of
(c) Notwithstanding paragraph (a)(1) of this Section, whenever
a vacancy
is
created in any office of
Commissioner of Rehoboth Beach, or in the office of Commissioner of Rehoboth Beach having the title of Mayor of the City of Rehoboth Beach, either
a member of The Commissioners
by death, resignation, loss of residence in
the
The
City of Rehoboth Beach,
or other disqualifying event,
or otherwise, The Commissioners
of Rehoboth Beach
shall fill
such
the
vacancy for the
residue
remainder
of the whole
unexpired
term.
term.
d.
(d)
Aside from loss of residence, as in those instances specified
in Section 3 of this Charter, if
any
an
elected officer
be
is
found guilty of any felony, the elected officer
shall
is
forthwith
be
disqualified to act as such officer and the elected
officer shall,
officer,
ipso facto,
vacate
vacates
the elective
office, which
office shall be
office. An office vacated under this subsection is
filled by
the
The
Commissioners
of Rehoboth Beach as in the case of other vacancies.
as provided by subsection (c) of this Section.
e. The Mayor shall receive a salary of One Thousand Dollars ($1,000.00) per annum. The Secretary of the Commissioners of Rehoboth Beach shall receive a salary of Seven Hundred Fifty Dollars ($750.00) per annum. Each of the other members of the Commissioners of Rehoboth Beach shall receive a salary of Six Hundred Dollars ($600.00) per annum; PROVIDED, HOWEVER, that no salary shall be paid until September 1, 1971. Each non-resident Commissioner shall receive an allowance for every mile necessarily driven from the Commissioner’s permanent home to Rehoboth Beach in order to attend any meeting of the Commissioners of Rehoboth Beach or the meeting of any committee of which the non-resident Commissioner is a member; provided however, that no such allowance shall be paid for any meeting attended prior to September 1, 1974, said amount per mile to be the same as the standard mileage rate set annually by the Internal Revenue Service.
(e) The Commissioners shall fix the annual salary
for the members of
The Commissioners ordinance. An ordinance to increase a salary may not take effect before the later of the following:
(1) The starting date for the terms of The Commissioners elected at the next regular election.
(2) Six months after adoption of the ordinance.
Manner Of Holding Elections
Section 7
Section 7.
(d)
(1)
At
such annual election,
the Annual Municipal Election,
every natural person who
shall have attained the age of Eighteen (18)
is 18
years
old or older
and who
shall be freeholder, as defined in this Chapter,
is registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth in this subsection has 1 vote if the person meets at least 1 of the following qualifications:
a. The person is a freeholder
in The City of Rehoboth Beach for a period of
thirty (30)
at least 30
days immediately preceding the date of
such
the
Annual Municipal Election or
who shall be a leaseholder, as defined in this Chapter,
a leaseholder
in The City of Rehoboth Beach for a period of
Six (6)
at least 6
months immediately preceding the date of
such
the
Annual Municipal Election, whether or not
such
the
person is a resident of
the
this
State
of Delaware
or of The City of Rehoboth
Beach shall have One (1) vote, provided such person is registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. In addition, every natural person who shall have obtained the age of Eighteen (18) years on the date of the Annual Municipal Election who shall be
Beach.
b. The person is
a bona fide resident of
the
this
State
of Delaware
and The City of Rehoboth Beach on the date of the Annual Municipal
Election shall be entitled to one (1) vote provided such person shall be registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein.
Election.
(2)
The Commissioners
of Rehoboth Beach
shall provide
Two (2) registers to be
2 registers,
known as the "Books of Registered
Voters"
Voters”,
which are to be kept at the office of the City Manager. The Books of Registered Voters
shall
must
contain the
names of the registered voters arranged in alphabetical order and all of the
following information for each
registrant: The names of the voters arranged in alphabetical order,
registered voter:
a.
The
registered voter’s
permanent
address of the voter, the
address,
b. The registered voter’s
local
address of the voter, the
address,
c. The registered voter’s
birth
date of the voter, the
date.
d. The
date the
registrant
registered voter
became a resident of
the State of Delaware, the
this State.
e. The
date the
registrant
registered voter
became a resident of
the
The
City of Rehoboth
Beach, the
Beach.
f. The
date the
registrant
registered voter
became a freeholder
of the
in The
City of Rehoboth
Beach and other
Beach.
g. Other
pertinent information.
No
(3) A
natural person
shall
may not
be registered upon the Books of Registered Voters unless
such
the
person will
have acquired
acquire
the qualifications to vote in the Annual Municipal Election for the year in which
such
the
person registers.
(4)a.
A person
shall only be
is
required to register
One (1) time; provided however, that
only 1 time. But
if
a
registered voter fails to vote in
Two (2)
2
consecutive Annual Municipal Elections in which there is a contest,
the City
The City of Rehoboth Beach
shall send a voter verification request by forwardable first-class mail to the voter at the voter’s last known address, provided all similarly situated voters are also sent
such
a
voter verification request at the same time, asking the voter to sign a return card
and: (1) authorize
and do 1 of the following:
1. Authorize
cancellation of
their
the voter’s
Rehoboth Beach voter registration because they are no longer eligible to vote as a resident,
Freeholder, or Leaseholder
freeholder, or leaseholder
in Annual Municipal
Elections, or (2) confirm
Elections.
2. Confirm
that the voter continues to be eligible to vote in Annual Municipal Elections.
The City, upon
b. Upon
receipt of the returned notice and in accordance with the response,
shall: (1) cancel
The City of Rehoboth Beach shall do 1 of the following:
1. Cancel
the
person’s registration, or (2) update
voter’s registration.
2. Update
the
person’s
voter’s
voter registration record with any new information and certify the person remains eligible to vote.
c.
Sixty days following a voter verification mailing,
the
The
City
of Rehoboth Beach
shall place all persons who did not reply to the voter verification request into “inactive status.” A person
shall be
is
returned to active status if the person subsequently returns the return card
indicating
confirming
the person continues to be eligible to vote in Annual Municipal Elections, or if the person votes in an Annual Municipal
election
Election
while in “inactive status.” The City
of Rehoboth Beach
shall remove from the Books of Registered Voters any person who remains in “inactive status” for
two
2
consecutive Annual Municipal Elections in which there is a contest.
(5)
The Books of Registered Voters
shall
must
be maintained at the office of the City Manager and
shall be
is
conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the
Office
office
of the City Manager on any day during the regular business hours until the close of business
thirty (30)
30
days prior to the Annual Municipal Election.
(e)
As used in this
Chapter
Charter:
(1)
"Freeholder" means
a
any of the following:
a. A
natural person who holds title of record to a fee simple estate or life estate in and to an undivided interest in real property in
the
The
City
or
of Rehoboth Beach.
b. A natural person
who holds title of record to real property in
the
The
City
of Rehoboth Beach
as a tenant by the
entirety or
entirety.
c. A natural person
who is both
grantor/settler and
trustee
and grantor or settlor
of a valid revocable trust to which real property located within
the
The
City
of Rehoboth Beach
has been conveyed, provided that a copy of the trust document identifying a
grantor/settler and
trustee
and grantor or settlor
is on file with
the City.
The City of Rehoboth Beach.
"Real Property" includes condominiums created under the Delaware Unit Property Act or the Delaware Uniform Common Interest Ownership Act.
As used in this Chapter
(2)
"Lease" means a valid lease to real property in
the
The
City
of Rehoboth Beach
for a term of at least
ten (10)
10
years
which lease
that
is recorded in the Office of the Recorder of Deeds in and for Sussex County and upon
which
that
real property is erected an improvement having an assessed valuation of at least
one thousand dollars ($1,000.00)
$1,000
as shown by the records of the City of Rehoboth Beach.
As used in this Chapter
(3)
"Leaseholder" means a natural person holding title to an undivided interest in a lease or who holds title to a lease as a tenant by the entirety.
(4) "Real property" includes condominiums created under the Delaware Unit Property Act or the Delaware Uniform Common Interest Ownership Act.
(f)
As used
herein "resident" shall mean a natural person residing and domiciled in the City of Rehoboth Beach for a period of at least thirty (30) days immediately preceding the date of the election. As used herein “domicile” shall mean
herein:
(1) “Domicile” means
the place where a person has their true, fixed, permanent home, and principal establishment, and to which, whenever the person is absent, the person has the intention of returning.
(2) “Resident” means a natural person residing and domiciled in The City of Rehoboth Beach for a period of at least 30 days immediately preceding the date of the election.
(g)
These provisions shall be construed in accordance with the principle of "one person, one vote" for each elective office.
ANNUAL ORGANIZATION MEETING OF COMMISSIONERS
Section 8-a.
Annual Organization Meeting of The Commissioners
Section 8.
a. The
(a)(1) At the first regular meeting following the Annual Municipal Election, known as the annual meeting, The
Commissioners
of Rehoboth Beach, at the first regular meeting in September following the annual election,
shall meet
for the purpose of organization
to organize
at the usual place for holding meetings of The
Commissioners of Rehoboth Beach.
Commissioners.
The newly elected
officers
members of The Commissioners
shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with
fidelity, which
fidelity. The
oath or affirmation
shall
must
be taken before a Notary Public, a Justice of the
Peace
Peace,
or
by
a holding-over member of The Commissioners.
The newly elected Commissioner with the title of Mayor of The City of Rehoboth Beach shall assume the chair of the office of Mayor of The City of Rehoboth Beach.
(2) At the annual meeting,
The Commissioners shall
likewise select a
appoint all of the following:
a. A Commissioner to serve as
Secretary
from their own number to serve until the first regular meeting after the next succeeding election. They shall also choose an
until the next annual meeting.
b. An
Assistant
Secretary to serve as aforesaid,
Secretary,
who may
or may not be from among their own number and such other
be a Commissioner, to serve until the next annual meeting.
c. Other
officers and employees as
may be
determined to be necessary.
c. The Commissioners shall by ordinance fix the salaries and compensation of the employees, officers and agents of the City, and the time and manner of his or her, or their payment; Provided, that the salary or compensation of any such employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a designated term. No officer, employee or agent of the City shall in any form have, take, or receive from the City any compensation, in any form, in addition to the salary or compensation fixed by The Commissioners.
d.
(b)
The Commissioners shall cause to be kept a full and complete record of all officers
appointed,
appointed
and employees and agents hired by
the City, containing the names of such officers, employees and agents, the dates
The City of Rehoboth Beach. The record must include all of the following information about each officer, employee, or agent:
(1) Name.
(2) Date
of
their employment, the salary
appointment or employment.
(3) Salary
and
compensation to be by them received and the date
compensation.
(4) Date
of the termination of their
services. In
the event that they shall hold
services.
(5) If
their office
is
for an indefinite
term, the record shall so state.
term.
Duties And Powers Of The Mayor
Section 13
Section 13.
a. The Mayor of the City of Rehoboth Beach shall be sworn or affirmed to perform the duties of his office with fidelity
.
b. He shall be
(a)(1) The Mayor is
the chief executive of
the City. He
The City of Rehoboth Beach. The Mayor
shall
preside
do all of the following:
a. Preside
at meetings of The Commissioners.
He shall receive
b. Receive
all communications and complaints and present the same to The Commissioners.
He shall sign
c. Sign
all deeds necessary and contracts made by The
Commissioners and shall countersign
Commissioners.
d. Countersign
all checks and warrants authorized by The Commissioners and drawn on the Treasurer for the payment of money.
He shall be
(2) The Mayor is
a member, ex-officio, of all committees, and shall perform
such
other duties as may be prescribed by ordinance, or by the
by-laws
bylaws
adopted by
the said
The Commissioners, and shall have all and every power conferred, and perform the duties imposed upon
him
the Mayor
by this Charter or the ordinances of
the City.
The City of Rehoboth Beach.
c.
(b)
In the performance of
his
duties as
Mayor of the City of Rehoboth Beach, he shall be
Mayor, the Mayor is
known and designated as
the
Mayor of
the
The
City of Rehoboth
Beach and in
Beach. Whenever
executing
any
a
deed, lease, contract, warrant on the Treasurer, or other papers and instruments in writing necessary for
him, as such
the
Mayor
of the City of Rehoboth Beach,
to sign,
he
the Mayor
shall sign and execute the same as Mayor of
the
The
City of Rehoboth Beach.
d. As a Commissioner of Rehoboth Beach and as Mayor of the City of Rehoboth Beach, he shall hav
e
(c) The Mayor has
the same right as other Commissioners to vote on all
matters and may at any time
matters. The Mayor may
appoint another Commissioner to preside
at meetings of the Commissioners
if
he desired
the Mayor wants
to make a motion, move the adoption of a resolution, second
either,
a motion,
or debate any question from the floor and may
thereafter
afterwards
immediately resume
his
the Mayor’s
duties as presiding officer.
e. In addition to his powers and duties as Mayor of the City of Rehoboth Beach, he shall, as Mayor of the City of Rehoboth Beach, have all powers of a Justice of the Peace within said City and shall have jurisdiction and cognizance on all breaches of the peace and other offenses committed within the limits of the City as far as arrest and hold to bail and fine and imprisonment offenders. He shall have jurisdiction and cognizance of all fines and penalties prescribed by this Charter, ordinances enacted hereunder, or any law of the State of Delaware; of all neglects, omissions or defaults of any member of the Police Force or other Town Officer, agent or employee; provided, that he shall impose no fine and penalty in excess of that fixed by the ordinance; which, in any event, shall not exceed a fine of $500.00, or such sum as may hereafter be made the maximum fine under the State Motor Vehicle Code, and shall not commit to prison for a longer term than thirty days; provided, however, that in motor vehicle violations the fines and penalties imposed under the ordinances of the City of Rehoboth Beach shall be the same as those provided by the Laws of Delaware for the same offense. The jails of Sussex County may be used for imprisonment under the provisions of this Charter; provided, that The Commissioners shall pay for the board of persons committed for breaches of ordinances, which are not breaches of the General Law.
f. As Mayor of the City of Rehoboth Beach, he shall also have jurisdiction in suits of civil nature for the collection of taxes and assessments, recovery of amounts due and payable for the construction of sidewalks, curbs or pavements, expenses of abatement of nuisances, and all other matters which may arise in the proper government and control of the City under the provisions of this Charter. Within his jurisdiction, he shall have all the powers and authority and shall be subject to all the limitations of a Justice of the Peace of Sussex County, except as herein otherwise provided; and his fee shall be the same as those of a Justice of the Peace for like services. For any service or duty in which no fee is provided by law, such fee shall be established by ordinance.
g. Upon the expiration of this term of office or upon resignation or removal from office, he shall forthwith turn over all records, books, papers, documents and other things belonging to or appertaining to his office of Mayor of the City of Rehoboth Beach. He shall also pay over to the Treasurer all monies in his hands belonging to the City. Upon neglect of failure to make such delivery or payment for the space of five (5) days, he shall be deemed guilty of a misdemeanor and, upon conviction in the Court of General Sessions of the State of Delaware, shall be fined not more than $500.00, or imprisoned for not more than one year, or shall suffer both fine and imprisonment at the discretion of the Court.
h. As Mayor of the City of Rehoboth Beach, he shall, at every regular monthly meeting of The Commissioners, report in writing all fines imposed by him and all fines and penalties and other money received by him for the preceding month belonging to the City. He shall pay all such monies to the Treasurer within ten (10) days after making report thereof to The Commissioner and failure to make report thereof to The Commissioners, or for failure to make payment to the Treasurer for the space of ten (10) days, he shall be deemed guilty of a misdemeanor and shall be punished upon conviction as hereinbefore provided.
i. As Mayor of the City of Rehoboth Beach, he
shall keep a docket in which all his official acts shall be entered which shall be open to public inspection and examination at all times.
(d) The Mayor may solemnize marriages in The City of Rehoboth Beach.
Auditors
Auditor of Accounts
Section 18
Section 18.
a. Three auditors of accounts, who may or may not be residents, but who shall be substantial free holders of The City, shall be appointed by
(a)(1)
The Commissioners
at each annual meeting hereinbefore provided to serve for the term of one year or
shall appoint a qualified individual or firm
to serve as an independent Auditor of Accounts, also known as the Auditor.
(2) The Auditor serves for a term of 5 years, but the Auditor may continue to serve after the term expires
until
their successors shall have been
a successor is
duly appointed and qualified.
An individual or firm who has served as
Auditor
for 5 years may not be appointed as
Auditor
again until the expiration of an interim period of at least 5 years since the individual or firm last served.
b. It
(b) The Auditor
shall
be their duty to
audit the accounts of The City
of Rehoboth Beach
and all of its officers whose duty involves the collection,
custody
custody,
and
or
payment of
monies
moneys
to The
City. They
City of Rehoboth Beach. The Auditor
shall audit the books of the Mayor
of The City of Rehoboth Beach,
and the records of all fines,
penalties
penalties,
and costs imposed or collected by
him
the Mayor
pursuant
by
to
any judgment, order, or decree made.
The auditors on or before the fifteenth day of September, annually, next following their appointment,
(c) Annually on or before September 15, the Auditor
shall make and deliver a detailed report of
every and
all accounts, records, and books
by them
examined and
audited, which
audited by the Auditor. The
report under
their hands and seals shall
the Auditor’s hand and seal must
be
printed in a newspaper
published
in
on
The City
in the issue immediately succeeding their
of Rehoboth Beach website after the Auditor delivers the
annual report.
The auditors, in the performance of their duties, shall have
(d) In the performance of the Auditor’s duties, the Auditor has
access to all records and accounts of the offices of The
Commissioners and they are authorized and empowered to
Commissioners. The Auditor may
employ
such
clerks and accountants
as in their judgment may be
necessary
in the proper performance of their duties
to properly perform the Auditor’s duties,
at
such
a
compensation
as may be
determined by The Commissioners.
Tax Assessor
Section 22.
a.
(a)
The Commissioners
of Rehoboth Beach
shall appoint a qualified
person
individual
or firm to serve as
the
Tax Assessor.
Such person
The individual
or firm shall serve until a new
person
individual
or firm has been duly appointed by
the
The
Commissioners.
b. No person
(b) An individual
or firm
shall
may not
be appointed as the Tax Assessor
of the City of Rehoboth Beach who
if the individual or firm
is not fully qualified under the
regulations and Code of the
laws of this
State
of Delaware
to perform real estate tax assessments.
c. It shall be the
(c) If The Commissioners do not choose to use the county assessments under Section 23 of this Charter, the
Tax
Assessor’s duty to
Assessor shall
make a fair and impartial assessment of property subject to taxation situated within
the City and to
The City of Rehoboth Beach. The Tax Assessor shall
perform
such
other
related
duties
in reference thereto
as
shall be
prescribed, from time to time, by The
Commissioners of Rehoboth Beach.
Commissioners.
Assessment Of Taxes
Section 23
Section 23.
a. The
(a)(1) In compliance with Chapter 11 of Title 22 of the Delaware Code, The Commissioners may choose to use the county assessments for real estate located within The City of Rehoboth Beach for municipal tax purposes.
(2) Subject to Chapter 11 of Title 22 of the Delaware Code, if The Commissioners choose to use county assessments as provided in paragraph (a)(1) of this Section, a copy of the county assessments for the properties located in The City of Rehoboth Beach must be received under § 1103 of Title 22 of the Delaware Code by the first Monday of March.
(3) Appeals of county assessments adopted under this subsection must be made as provided in Chapter 11 of Title 22 of the Delaware Code.
(b)(1) If The Commissioners do not choose to use the county assessments, the
Tax Assessor
shall,
shall make,
prior to the first Monday in March,
make
a just,
true
true,
and impartial annual valuation or assessment of all
real estate and of all improvements having a valuation of at least One Thousand Dollars ($1,000.00)
of the following located within The City of Rehoboth Beach:
a. Real estate.
b. Improvements
located on land
which
that
has been leased under a valid
lease
lease, recorded in the Sussex County Office of the Recorder of Deeds,
for a term of at least
ten (10) years and which lease has been recorded in the Office of the Recorder of Deeds, in and for Sussex County, located within The City of Rehoboth Beach.
10 years.
(2)
In making
such
the
assessment, the rules and exemptions
now applicable by law to the
for
making
of the
County Assessment of persons and properties shall be
county assessments are
applicable
insofar as
to the extent the rules and exemptions are
consistent with
the provisions of
this Charter.
(3)
All real estate and all improvements located on land under a valid
lease, as aforesaid, shall
lease must
be described with sufficient particularity to be identified.
(4)a.
Real estate
shall
must
be assessed to the owner or owners if
he or
they
be
are
known.
If the owner or owners of real estate cannot be found or ascertained, the real estate may be assessed to “Owner Unknown”.
b.
All improvements located on land under a valid
lease, as aforesaid, shall
lease must
be assessed to the leaseholder.
If the owner or owners of real estate cannot be found or ascertained, it may be assessed to “Owner Unknown”.
c.
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,
if
the assessment
shall specify
specifies
the last record owner or owners
thereof
of the real estate
as the
same shall
owner or owners
appear from the records in the
Sussex County
Office of the Recorder of
Deeds of Sussex County at Georgetown, Delaware.
Deeds.
(5) Beginning in 2030, all property assessed under this subsection must be reassessed at its fair market value. After the 2030 reassessment, all property assessed under this subsection must be reassessed at least once every 5 years. Each 5-year period begins on the date the assessments are finalized under paragraph (g)(1) of this Section.
b.
(c)
The Tax Assessor shall in a timely manner send by first-class mail a written notice to any property owner whose assessment is changed indicating the new
valuation placed thereon.
valuation.
c. The Tax Assessor, after
(d)(1) After
making
such
the
annual
assessment, shall,
assessment under subsection (b) of this Section, the Tax Assessor shall deliver,
on the first Monday of
May, aforesaid, deliver
March,
to The Commissioners
of Rehoboth Beach
a list containing the names of all persons assessed and the amount of the assessment against each.
They
At the same time, the Tax Assessor
shall also deliver
at such time
as many copies of
said
the
list as The Commissioners
shall
direct.
d.
(2)
The annual assessment list
shall
must
be arranged so that the assessment of
land,
land;
the improvements
thereon,
thereon;
and any improvements located on lands under
lease
lease,
as defined
herein
in paragraph (b)(1)b. of this Section,
appear in separate columns or spaces. All assessments of value made by the Tax Assessor
shall
must
be made accordingly.
e. Any
(e) If the Tax Assessor is an individual, The Commissioners shall assess any
real property owned in whole or in part by
a
the
Tax Assessor or a member of
a
the
Tax Assessor’s immediate
family, if an individual, shall be assessed by the Commissioners of Rehoboth Beach. Any
family. If the Tax Assessor is a firm, The Commissioners shall assess any
real property owned in whole or in part by an owner or employee of the Tax Assessor or a member of their immediate
family, if a firm, shall be assessed by the Commissioners of Rehoboth Beach.
family.
f.
(f)(1)
Immediately upon receiving the annual assessment list from the Tax Assessor,
the
The
Commissioners
of Rehoboth Beach
shall cause a full and complete alphabetically arranged copy of the
same, containing the amount assessed to each taxable
annual assessment list
to be posted in City Hall
in the City of Rehoboth Beach, and there it shall remain
for
a period of
at least
ten
10
days for the information of and examination by all concerned.
Appended thereto
(2) Notices must be attached to the annual assessment list
and
also
posted
in
five
5
or more public places in
said City shall be posted notices advising
The City of Rehoboth Beach. The notices must advise
all concerned
that any
that, if a
property owner or leaseholder
who desires
wants
to appeal their
assessment shall
assessment, the property owner or leaseholder must
file an appeal, in writing, with the City Manager
of the City of Rehoboth Beach
stating the reason
or reasons therefor not
for the appeal no
later than
a certain day mentioned therein which
the date specified in the notices. The
date
shall
may
not be earlier than
ten
10
days after the date of posting the true and correct copy of the annual assessment list.
g.
(g)(1)
At the first regular meeting of
the
The
Commissioners
of the City of Rehoboth Beach
following the expiration of the
time set
deadline
for filing an appeal,
the
The
Commissioners
of Rehoboth Beach will
shall
fix a time and date when
the
The
Commissioners
of Rehoboth Beach
will sit as a Board of Appeals to hear appeals timely filed in writing taken from the
said
annual assessment as determined by the Tax Assessor. Any person taking an appeal before the
Commissioners of the City of Rehoboth Beach sitting as a
Board of Appeals may appear in person or may be represented by any third party who has written authorization to
so
appear. The decision of the
Commissioners of Rehoboth Beach sitting as a
Board of Appeals
shall be
is
final
and conclusive
unless an appeal is taken to the Superior Court of the State of Delaware, in and for Sussex County, within
ten
10
days from the date of the
said hearing, and the
hearing. The
Commissioners
of Rehoboth Beach
shall revise and complete
said
the
assessment at this sitting.
h. No
(2) A
Commissioner
shall
may not
sit as a member of the Board of Appeals upon
his
The Commissioner’s
own
appeal, but the
appeal. A Commissioner’s
appeal
by any Commissioner of the City of Rehoboth Beach shall
must
be heard and determined by the other members of the Board of Appeals in the same manner as hereinbefore provided.
i.
(3)
The Tax Assessor
shall
must
be present on the day fixed for hearing appeals and shall
furnish
give
to
the
The
Commissioners
such
any
information and answer
such
any
questions
as the Commissioners may require in respect
relating
to
any assessment from which an appeal has been taken.
an appealed assessment, as The Commissioners may require.
The Commissioners
shall have authority to
may
enforce the attendance of the Tax Assessor by appropriate process.
Supplemental Assessment
Section 23A.
a. In
(a) Subject to Section 23(a) of this Charter, in
addition to the annual
assessment provided for herein,
assessment,
the City Manager
may, at the City Manager’s option,
may
direct the Tax Assessor to prepare a quarterly supplemental list for the purpose of adding property not included on the last assessment or increasing the assessed value of property
which was
included on the last assessment. The supplemental list may be used to correct errors on the prior assessment rolls and to remove or modify any exemption from taxation applicable to property in
the City.
The City of Rehoboth Beach.
b. Such
(b) The
supplemental list
shall be
is
prepared quarterly in each tax year. The
first such
supplemental list
shall
must
be certified
on July 1 of each year; the second on October 1 of each year; the third on January 1 of each year; and the fourth on April 1 of each year.
quarterly based on the fiscal year.
c.
(c)(1)
On the date of certification of a supplemental list, the property owners
listed thereon shall be
on that supplemental list are
liable to pay taxes equal to the assessed value of the property multiplied by the tax rates for the then current tax year
that are
applicable to the property, reduced
by
as follows:
a. By
25%
where the
for
property
is
listed on the second supplemental assessment
roll; by
roll.
b. By
50%
where the
for
property
is
listed on the third supplemental assessment
roll; and by
roll.
c. By
75%
where the
for
property
is
listed on the fourth supplemental assessment
roll; and the
roll.
(2) The
amount of
such
tax
shall be and remain
imposed under this Section is
a lien on
such
the assessed
property from the time of its certification.
In the collection of said taxes,
(3) There is no penalty imposed for taxes collected
before the first day of the second month after
certification, there shall be no penalty. On all taxes paid after the first day of the second month after certification,
certification. All taxes unpaid on or after the first day of the second month after certification are delinquent and
a penalty at the rate of
one and one-half percent (1½%) shall be
1 ½% is
added until the
same shall have been
tax and any penalty imposed is
paid.
All taxes unpaid after the first day of the second month after certification shall be considered delinquent. In effecting collection of any
For
delinquent
tax, the
taxes, The
Commissioners
of the City of Rehoboth Beach
may impose a collection charge
not to exceed eighteen percent (18%)
of up to 18%
of the amount of the tax and any penalty
imposed thereon.
imposed.
d. Appeals shall
(d)(1) If The Commissioners choose to use the county supplementary assessments, appeals must
be made
as provided in Chapter 11 of Title 22 of the Delaware Code.
(2) If the Tax Assessor prepares the supplement list, appeals must be made
to the Board of Appeals as provided in
Sections
Section
23(f)
through (i). In no case shall the
and Section 23(g) of this Charter.
(e) The
supplemental assessment procedure
may not
be
employed
used
to impose taxes retroactively.
Levy Of Annual Taxes
Section 24
a.
(a)
At
the
a
regular meeting in
June,
March,
after having revised and completed the assessment, The Commissioners shall determine, to their best judgment and knowledge, the total amount
necessary to be raised by
The City
of Rehoboth Beach needs to raise
to meet all fixed and anticipated expenses and obligations of The
City,
City of Rehoboth Beach,
including reasonable and appropriate
reserve,
reserve
for the then current fiscal
year
year,
as set forth in the City Budget for
such year
that fiscal year,
plus a reasonable amount to cover unanticipated expenses and emergencies.
b.
(b)(1)
The Commissioners shall then
proceed to
determine, in their sole discretion, from which sources of the authorized revenues of
the
The
City
of Rehoboth Beach
the amount
so
determined
by them shall be
under subsection (a) of this Section is
raised and, within the limits prescribed by this Charter with respect to
any such
each
source, the amount to be raised from each
such
source. The Commissioners shall then
proceed to
determine, assess,
fix and/or levy:
fix, and levy 1 or more of the following:
1. the
a. The
rate of tax on
real estate
all of the following:
1. Real estate,
including improvements
thereon
thereon,
per
One Hundred ($100.00)
$100
of assessed
value and the rate of tax on improvements
value.
2. Improvements
per
One Hundred ($100.00)
$100
of assessed value located on land under a lease for a period of at least
ten (10)
10
years which
said
lease has been recorded in the
Sussex County
Office of the Recorder of
Deeds, in and for Sussex County; and/or
Deeds.
2. the
b. The
rate of tax upon all poles, constructions, erections,
wires
wires,
and appliances
more particularly mentioned, or intended so to be in sub-Section 29(a)(32)
levied under Section 29(29)
of this
Charter, as amended; and/or
Charter.
3. the
c. The
several license fees to be charged for carrying on or conducting of the several businesses,
professions
professions,
or occupations
more particularly mentioned, or intended so to be, in sub-Section 29(a)(33)
under Section 29(30)
of this
Charter, as amended; and/or
Charter.
4. the
d. The
several rates to be charged for furnishing water service, sewer service, electric service, gas service, garbage and refuse
collection; and/or
collection.
5. the
e. The
fees or rates to be charged in
respect of
connection to
any other authorized source of revenue
sufficient
that are sufficient,
in
their
The Commissioners’
best judgment and
estimation
estimation,
to realize the amount to be raised from each
such
authorized revenue
source determined by
them
The Commissioners
to be
used,
used
as
aforesaid: Provided, however, that sources 3, 4 and 5 aforementioned,
allowed under this subsection.
(2) The authorized revenue sources listed under paragraphs (b)(1)c. through (b)(1)e. of this Section
may be determined, fixed, assessed,
levied
levied,
and/or altered or changed
upon other than a fiscal year basis and
at any other regular or special meeting of The Commissioners as
they
The Commissioners
in their own proper discretion
shall
determine.
(3) Whenever there is a
total reassessment of taxable properties located in The City of Rehoboth Beach, all of the following must be done as provided in § 1105 of Title 22 of the Delaware Code:
a. The rolled-back rate must be computed.
b. The difference between the rolled-back rate and the tax rate determined under paragraph (b)(1)a. of this Section must be advertised.
c.
(c)
Immediately after
their
the
regular meeting in
June
March
of each
and every
year, The Commissioners shall make, or cause to be made, a full,
true
true,
and correct annual tax list showing the amount of tax levied against each taxable
thereon from sources 1 and 2 abovementioned.
under paragraphs (b)(1)a. and (b)(1)b. of this Section.
This list
shall be
is
known as the annual tax list of
the
The
City of Rehoboth Beach. In addition to the information contained in the assessment list,
it shall likewise
the annual tax list must
contain information as to the rate of tax upon real estate per $100 of assessed
value thereof.
value.
d.
(d)
The Commissioners shall cause to be delivered to the City Manager a duplicate of
said
the
annual tax list, and the City Manager shall immediately proceed to collect the
same
annual taxes
as
hereinafter provided.
provided in Section 25 of this Charter.
e.
(e)
Nothing contained in this Charter
shall
may
be construed to effect or impair in any way the validity of any tax, fee,
assessment
assessment,
or other charge lawfully levied, assessed, or due
the
The
City of Rehoboth Beach under existing laws
in reference
relating
to
said
The
City
of Rehoboth Beach
and the same are
hereby
declared to be valid,
binding
binding,
and vested in
the
The
City of Rehoboth
Beach created hereby.
Beach.
Town
City
Budget
Section 28
Section 28.
a
(a)
The fiscal year of
the
The
City of Rehoboth Beach
shall be
is
established from time to time by resolution adopted by
the Commissioners of Rehoboth Beach.
The Commissioners.
b. Annually each year and not later than May 1st,
(b) Annually,
the City Manager shall prepare a rough draft of a City Budget. From this rough draft,
the
The
Commissioners
of Rehoboth Beach shall, not later than the regular meeting held in May of each year,
shall
prepare the City
Budget,
Budget
containing the financial plan for conducting the affairs of The City
of Rehoboth Beach
for the
ensuing
following
fiscal year.
c.
(c)
The
City
Budget
shall
must
contain
all of
the following information:
(1) A detailed estimate showing the expense of conducting each department and office of
the
The
City
of Rehoboth Beach
for the
ensuing
following
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 City,
The City of Rehoboth Beach
together with a schedule of maturities of bond issues.
(4) An itemized statement of all other estimated expenses to be incurred in the affairs of
the City.
The City of Rehoboth Beach.
(5) A statement of the amount required for interest on the bonded debt, the amount necessary to pay any
Bond
bond
maturing during the
year
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, assessments, scrap
assessments
assessments,
and all other anticipated income of
the
The
City
of Rehoboth Beach
from any
source or sources whatsoever.
source.
d.
(d) To the extent possible,
The Commissioners
shall, so far as possible,
shall
adhere to the
City
Budget
so adopted
in the making of appropriations.
(e)(1) In the City Budget, The Commissioners shall fix the salaries and compensation of The City of Rehoboth Beach’s employees, officers, and agents and the time and manner of payment. If the employee, officer, or agent is appointed for a designated term, the salary or compensation of the employee, officer, or agent may not be increased during the term.
(2) An officer, employee, or agent of The City of Rehoboth Beach may not have, take, or receive any compensation from The City of Rehoboth Beach in addition to the salary or compensation fixed by The Commissioners.
Enumeration Of Powers
Section 29
Section 29.
a.
Not by way of limitation upon the power vested in
the
The
Commissioners to exercise all powers delegated by this Charter to
the municipal corporation of the Commissioners
The City
of Rehoboth Beach except as may expressly appear
herein
in this Charter
to the contrary,
but, rather,
but
by way of enumeration and for purposes of clarity,
the
The
Commissioners are vested by this Charter with
all of
the following powers, to be exercised by
said the
The
Commissioners in the interest of good government and the safety,
health
health,
and welfare of
the City,
The City of Rehoboth Beach and
its inhabitants and affairs:
1.
(1)
To prevent vice, drunkenness and immorality.
2.
(2)
To provide for and preserve the health, peace, safety, cleanliness,
ornament
ornament,
and good order of
the
The
City
of Rehoboth Beach
and its inhabitants.
3.
(3)
To prohibit all gaming and fraudulent devices.
4.
(4)
To prohibit, restrain,
license
license,
or regulate all public sports, exhibitions, shows, parades, productions,
circuses
circuses,
or other public performances, amusements, and games.
5.
(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
future
or present street, highway, lane, alley, watercourse, park, lake, strand, crosswalk, wharf,
dock
dock,
sewer, drain,
aqueduct
aqueduct,
or pipe line, or portion thereof, or any
new
future
or present sidewalk,
curb
curb,
or gutter, or portion thereof, in
the City;
The City of Rehoboth Beach;
to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same
shall be
is
done; and to enter into contracts or agreements for the doing thereof, including contracts or agreements with the
State Highway of the State of Delaware
Delaware Department of Transportation
for the permanent maintenance,
repair
repair,
and upkeep of any street, lane, alley,
roadway
roadway,
or other highway within
the City.
The City of Rehoboth Beach.
6. To regulate or control the observance of the Sabbath Day.
7. To establish and regulate pounds and to restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large, and to authorize the destruction of the same, and to impose taxes on the owners of dogs.
8.
(6)
To locate, regulate, license,
restrain
restrain,
or require the removal of slaughter houses, wash houses, laundries, canning establishments, phosphate, fish, fertilizer or manure plants or establishments, swine pens, privies, water
closets
closets,
and any
businesses or buildings
businesses, buildings,
or conditions detrimental to the public
health or
health,
constituting a public
nuisance
nuisance,
or of an offensive or noxious nature.
9.
(7)
To enforce the removal of snow, ice,
dirt
dirt,
or other foreign substance from sidewalks and gutters by owners or abutting owners.
10.
(8)
To prohibit, remove, or regulate the erection and maintenance
of,
of
any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post, or any other erection or projection in, over,
upon
upon,
or under any street, highway, alley, lane, watercourse, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain,
aqueduct
aqueduct,
or pipeline of
the City.
The City of Rehoboth Beach.
11.
(9)
To define, prevent,
abate
abate,
or remove nuisances,
obstructions
obstructions,
or any condition detrimental to the public safety,
health
health,
or welfare.
12.
(10)a.
To provide an ample supply of pure water for
the
The
City
of Rehoboth Beach
and its inhabitants
and
and,
to this
end
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 and about the collection, storage, purification, conveyance,
distribution
distribution,
or sale of water; to regulate and prescribe for what private or public purposes the water furnished by
the municipal corporation
The City of Rehoboth Beach
may be used, the manner of its use, the amounts to be paid by the users thereof, the
means whereby such amounts shall be collected
method for collecting the users’ payments,
and the
fines or
fines,
penalties, or
both,
both
for any willful or negligent injury or damage to or interference with the water system or equipment of
the City;
The City of Rehoboth Beach;
to furnish, or refuse to furnish, water from
the
The
City
of Rehoboth Beach
system to places and properties outside
the
The
City
of Rehoboth Beach
limits; and to contract for and purchase water and distribute the same to users
within or without the
inside or outside The
City
of Rehoboth Beach
with the same full powers as though such water had been initially reduced to usefulness by
the municipal corporation
The City of Rehoboth Beach
itself.
b.
For
all
purposes of this Charter,
the word “user”
when referring to the users of either the public water system or the public sewer
system shall be deemed to mean
system, “user” means
either the owner to whom the real estate is assessed or a leaseholder who holds land under a valid lease for a term of not less than
ten (10)
10
years and
years,
whose lease is of record in the
Sussex County
Office of the Recorder of
Deeds, in and for Sussex County,
Deeds
and who has erected upon the leasehold an
improvement having an assessed valuation of at least One Thousand Dollars ($1,000.00)
improvement.
13.
(11)
To provide,
construct.
construct,
extend, maintain,
manage
manage,
and control a sewer
system and/or
system,
a sewage treatment and disposal plant and
facilities
facilities, or both
for the health,
sanitation
sanitation,
and convenience of the inhabitants of
the City;
The City of Rehoboth Beach;
to regulate and prescribe for what private or public purposes the system may be used, the manner of
its
the system’s
use, the amounts to be paid by the
users thereof,
system’s users,
the
means whereby such amounts shall be collected
methods for collecting the users’ payments,
and the
fines or
fines,
penalties, or both, for any willful or negligent injury or damage to, or interference
with
with,
the
said
system,
plant
plant,
or facilities; to
furnish
furnish,
or refuse to furnish, sewer disposal service from
the
The
City
of Rehoboth Beach
system to places and properties outside
the
The
City
of Rehoboth Beach
limits; in the interest of the public's health, to compel any
and all
properties in
the
The
City
of Rehoboth Beach
to be connected to the sewer system of
the
City;
The City of Rehoboth Beach
and to contract for and purchase sewer disposal service and to resell the same to users
within or without the
inside or outside The
City
of Rehoboth Beach
with the same full powers as though
such
the
service had been initially provided by the facilities
therefor of the municipal corporation
of The City of Rehoboth Beach
itself.
14.
(12)
To
provide
do any of the following:
a. Provide,
construct, extend, maintain,
manage
manage,
and control a plant and system, or plants and systems, for the generating,
manufacturing
manufacturing,
and distributing of electric
current or
current,
gas, or both, to the inhabitants of
the
The
City
of Rehoboth Beach
and for lighting the streets, highways, lanes, alleys, watercourses, parks, lake, strands, sidewalks, crosswalks, wharves, docks, public
buildings
buildings,
or other public places of
the City, and
The City of Rehoboth Beach and,
to this
end
end,
to acquire, lease, erect, construct,
maintain. operate.
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
is
necessary
properly
to light
the City,
The City of Rehoboth Beach,
and to furnish proper connections for electric current and gas to the properties of the inhabitants of
the
The
City
of Rehoboth Beach
who
may
desire the
same; to regulate
electric current or gas.
b. Regulate
and prescribe for what private or public purpose the
electric
current or gas furnished by
the municipal corporation
The City of Rehoboth Beach
may be used, the manner of its use, the amount to be paid by the users thereof, the
mains whereby such amounts shall be collected
methods for collecting payment from users,
and the
fines or
fines,
penalties, or both, for any willful or negligent injury or damage to
orinterference
or interference
with
the
an
electric or gas system or systems of
the City; to furnish
The City of Rehoboth Beach.
c. Furnish,
or refuse to furnish, electric current or gas from
the City's
The City of Rehoboth Beach’s
system or systems to places and properties outside
the
The
City
limits; and to
of Rehoboth Beach’s limits;
contract for and purchase electric current or gas and distribute the same to
user within or without the
users inside or outside
The
City
of Rehoboth Beach
with the same full powers as though
such
the electric
current or gas had been initially reduced to usefulness by
the municipal corporation
The City of Rehoboth Beach
itself.
15. To
(13) Within The City of Rehoboth Beach’s limits, to
fully control
within the City
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 City,
The City of Rehoboth Beach;
to regulate, maintain,
clean
clean,
and keep the same open,
clean
clean,
and
unobstructed,
unobstructed;
and to provide, construct, extend, maintain,
manage
manage,
and control a surface water drainage system and facilities for the
health., sanitation
health, sanitation,
and convenience of the inhabitants of
the City.
The City of Rehoboth Beach.
16.
(14)
To provide,
construct.
construct,
extend, maintain,
manage
manage,
and control jetties, bulkheads, embankment, flood gates, piers,
boardwalks
boardwalks,
or fills for the preservation of
anystrand
any strand
or high land within the limits of
the
The
City
of Rehoboth Beach
or contiguous
thereto, to the end
to The City of Rehoboth Beach so
that the same may be preserved, property
protected
protected,
and the general public might enjoy the use thereof.
17.
(15)
To grant
nonexclusive
franchises or licenses to any responsible person, firm,
association
association,
or corporation, for
such
period of time,
the period, for the consideration, and
upon
such
the
terms, restrictions,
stipulations
stipulations,
and conditions
and for such considerations as
The Commissioners
shall
deem wise, to use the present and future streets, highways, lanes, alleys, watercourses, parks, lakes, strands, sidewalks, crosswalks, wharves, docks, and other public places of
the
The
City
of Rehoboth Beach
for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, railroad
excepting railroads or railways
not
engaged in interstate commerce, bus,
taxi
taxi,
or other transportation,
carrier
carrier,
or public service to
the
The
City
of Rehoboth Beach
and to the persons, firms, or corporations residing or located
therein
in The City of Rehoboth Beach
and for
the purpose of transmitting
any of the following purposes:
a. Transmitting
the same from or through
the
The
City
of Rehoboth Beach
to points outside
the limits thereof, and for the purpose of erecting
The City of Rehoboth Beach’s limits.
b. Erecting
wharves and
piers, and for the purposes of vending
piers.
c. Vending
any article of merchandise or service upon, or from any vehicle upon, any
such
present and future street, highway, lane,
alley, etc.; provided, that no exclusive franchise or license shall be granted for any such purpose to any person, firm, association or corporation whomsoever.
alley, etc.
18.
(16)
To regulate and control the exercise of any license or franchise
mentioned in Section 29 (17) of this Charter or intended so to be.
that may be granted under paragraph (15) of this Section.
19.
(17)
To direct,
regulate
regulate,
and control the planting, rearing,
treatment
treating,
and preserving of ornamental shade trees in the streets, highways, avenues,
parks
parks,
and grounds of
the
The
City
of Rehoboth Beach
and to authorize or prohibit the removal or destruction of
said
ornamental shade
trees.
20.
(18)
To direct the digging down, draining, filling up, cleaning,
cutting
cutting,
or fencing of lots, tracts,
pieces
pieces,
or parcels of ground in
the
The
City
of Rehoboth Beach
which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter.
21.
(19)
To provide for or regulate the numbering of houses and lots on the streets, and the naming of streets and avenues.
22.
(20)
To regulate,
control
control,
or prevent the
use of
storage of gunpowder, fireworks, tar, pitch,
resin
resin,
and all other combustible materials and the use of candles,
lamps
lamps,
and other lights in stores, shops,
stables
stables,
and other places; to suppress, remove, or secure any fireplace, stove, chimney, oven, broiler, or other apparatus which may be dangerous in causing fire.
23.
(21)
For the prevention of fire and the preservation of the beauty of
the City,
The City of Rehoboth Beach,
to
regulate
do any of the following:
a. Regulate
and control the manner of building or
removal of
removing
dwelling houses and other
buildings; to establish
buildings.
b. Establish
a code for
the same
building or removing dwelling houses and other buildings
and
to
provide for the granting of permits for the
same; to establish
same.
c. Establish
a building line for buildings to be
erected; zone
erected.
d. Zone
or district
the
The
City
of Rehoboth Beach
and make
particular
provisions for particular zones or districts with regard to building or building
materials; and, generally to
materials.
e. Generally
exercise all the powers and authorities vested in the legislative body of
cities and
incorporated towns under and by virtue of Chapter 179, Revised Code of Delaware, 1935, and all amendments thereto.
incorporated municipalities under Title 22 of the Delaware Code
.
24.
(22)
To acquire, build,
erect
erect,
and maintain a suitable place as a lock-up or jail for
the
The
City
of Rehoboth Beach,
which
shall be
is
used as a place of detention for persons convicted of violation of law or ordinance, or for the 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
support,
and employment of paupers,
beggars
beggars,
and
vagrants; provided, that the
vagrants. The
jails of Sussex County may be used for any
such purpose, in which event the City
purpose allowed under this Section. If a Sussex County jail is used, The City of Rehoboth Beach
shall pay for the board of persons committed
thereto
to that jail
for violations of
The City of Rehoboth Beach
ordinances
of the City which
that
are not violations of any general law of
the
this
State.
25.
(23)
To acquire, build,
erect
erect,
and maintain buildings and facilities necessary
or required
for housing and equipping offices of
the City.
The City of Rehoboth Beach.
26.
(24)
To regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, beanshooters, and any other devices for discharging missiles which might cause bodily harm or injury to property; and to regulate or prevent the use of fireworks,
bombs
bombs,
and detonating works of all kinds.
27.
(25)
To provide for the punishment of a violation of any ordinance of
the
The
City
of Rehoboth Beach
by
a
fine
or imprisonment, or both,
not exceeding
Five Hundred Dollars ($500) or sixty (60) days, and for working any person sentenced to such imprisonment or any person who shall refuse to so work when ordered.
$2,500.
28.
(26)
To
provide
do any of the following:
a. Provide
for the
organization
organization, control, and government
of a fire
department and the control and government thereof; to establish
department.
b. Establish
fire limits and do all things necessary
for the prevention or extinguishment of fires; and, in their discretion, to contribute, donate
to prevent or extinguish fires.
c. Donate
or give
such amounts of money
money,
as
they may
The Commissioners
deem
appropriate unto
appropriate, to
any
Volunteer Fire Company or Companies
volunteer fire company
incorporated under the laws of
Delaware,
this State
or any
Volunteer Fire Association or Associations
volunteer fire association
maintaining and operating
fire fighting
firefighting
equipment and service to
the City; provided that any such
The City of Rehoboth Beach. A
contribution,
donation
donation,
or gift may be made subject to
such
conditions and stipulations
as to the use thereof
on using the contribution, donation, or gift
as The Commissioners
shall
deem advisable.
29.
(27)
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 abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due
the
The
City
of Rehoboth Beach
and to sell the same.
30.
(28)
To levy and collect taxes for any
and all
municipal purposes upon all real estate
located
within
the City,
The City of Rehoboth Beach,
except lands belonging to
the
The
City
provided that the
of Rehoboth Beach. The
amount to be raised from
this source shall
real estate taxes may
not exceed
the sum of three million dollars ($3,000,000.00).
0.1% of the fully assessed value of all real estate located within The City of Rehoboth Beach.
31. To levy and collect a personal or per capita tax upon all persons otherwise qualified to vote at any annual municipal election to be used for any and all municipal purposes and not to exceed the sum of One Dollar ($1.00) in any one year for each such person.
32. To
(29) Except telephone, telegraph, power lines or poles, and rail lines owned or operated by any railroad or railway company engaged in interstate commerce, to
levy and collect taxes upon all telephone, telegraph, power poles, pipe lines, rail
lines
lines,
or other constructions or erections of a like character erected within the limits of
the
City,
The City of Rehoboth Beach,
together with the wire or other appliances thereto or thereon attached,
expressly excepting all telephone, telegraph, power lines or poles and rail lines owned or operated by any railroad or railway company engaged in interstate commerce,
for any
and all
purposes, and to this end may at any time direct the same to be included in or added to the
City Assessment. In case
annual assessment. If
the owner or lessee of such constructions or erections,
wires
wires,
or other appliances
shall refuse
refuses
or
neglect
neglects
to pay the taxes levied thereon, in addition to the remedies for the collection
thereof
of taxes
set forth in Section 27 of this Charter, The Commissioners
shall have authority to
may
cause the same to be removed.
33.
(30)
To license,
tax
tax,
and collect fees annually for any
and all
municipal
purposes (including
purposes, including
the cost and expense of advertising
the City)
The City of Rehoboth Beach,
of
such
various amounts as The Commissioners 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; provided, however, that nothing herein shall
The City of Rehoboth Beach’s limits. Nothing in this paragraph (30) may
be so construed as to make it mandatory
upon
for
any resident of
the
this
State to apply for a license in order to
sell
sell,
in
the
The
City
of Rehoboth Beach,
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.
(31)
To determine from which authorized sources and in what proportions taxes
shall be
are
levied and used each year to raise the revenue or funds required to meet the general expenses of
the municipal corporation
The City of Rehoboth Beach
and all funding,
amortization
amortization,
and interest requirements on
it’s the
The City of Rehoboth Beach’s
outstanding bonds or other indebtedness.
35.
(32)
To provide for the collection of and disbursement of all
monies
moneys
to which
the
The
City
of Rehoboth Beach
may become entitled by law, including licenses and fines,
where
if
no provision for the collection and disbursement
thereof
of the moneys
is otherwise provided in
the
this
Charter.
36.
(33)
To borrow money in the name of
the
The
City
of Rehoboth Beach
for any proper municipal purpose, and in order to secure the payment of the same, to issue bonds or other kinds or forms of certificate or certificates of indebtedness, pledging the full faith and credit of
the
The
City
of Rehoboth Beach
or such other security or securities as The Commissioners
shall
select, for the payment of the principal
thereof
and
the interest due thereon, all of which
interest. The
bonds or other kinds or forms of certificates of indebtedness issued by
the
The
City
shall be
of Rehoboth Beach are
exempt from all
State, County
state, county,
or municipal
taxes; provided, that in no event shall the
taxes.
The
indebtedness of
the City for any and all purposes,
The City of Rehoboth Beach for all purposes may not
at any one time exceed in aggregate
seventy-five million dollars ($75,000,000.00).
$75,000,000.
37. To acquire, and/or
(34) By way of condemnation or eminent domain, to acquire or
to vacate the use of, lands, tenements, personalty, property, easements, rights of way, or any interest in property, either
within or without
inside or outside
the limits of
the City, by way of condemnation and eminent domain,
The City of Rehoboth Beach,
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 municipal corporation
The City of Rehoboth Beach
by
the
this
Charter. Proceedings by way of condemnation
in any such case shall be
are
the same
or prescribed hereafter in Section 33 of this Charter
as
for the opening and laying out of new streets or the vacating or abandoning of old streets
and the
under Section 33 of this Charter. The
resolutions referred to in
said
Section 33
shall
of this Charter must
be changed and modified to cover any case contemplated
hereby.
under this paragraph (34).
38.
(35)
To appropriate money to pay the debts,
liabilities
liabilities,
and expenditures of
the City, or any part or item thereof,
The City of Rehoboth Beach
from any
fund applicable thereto,
applicable fund,
and to
temporarily
transfer
temporarily
money from one fund to another fund
of the Town
in case of emergency.
39.
(36)
To provide for the payment of any tax, fine, penalty, license, forfeiture, assessment, fee,
charge
charge,
or other amount due
the
The
City
of Rehoboth Beach
by the performance of labor or service for
the
The
City
of Rehoboth Beach
by any person owing the same.
40.
(37)
To inquire into and investigate the conduct of any office, officer, agent, or employee of
the
The
City
of Rehoboth Beach
or any municipal
affair, and for
affair. For
any such
purpose or purposes
purpose, The Commissioners
may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and production of books,
papers
papers,
or other evidence by summary process.
41.
(38)a.
To make,
adopt
adopt,
and establish
all such
ordinances, regulations,
rules
rules,
and
by-laws,
bylaws,
not contrary to the laws of this State
and
or
the United States, as The Commissioners
may
deem necessary to carry into effect any of the provisions of this Charter or any other law of
the
this
State relating generally to municipal corporations or which
they
The Commissioners
may deem proper and necessary for the good government of
the City,
The City of Rehoboth Beach,
the protection and preservation of persons and
property
property,
and of the public health and welfare of
the
The
City
of Rehoboth Beach
and its
inhabitants; provided, that any
inhabitants.
b. Any
ordinance relating to the public health of
the
The
City
of Rehoboth Beach
and its inhabitants, or designed to prevent the introduction or spread of infectious or contagious
diseases,
diseases
or to prevent nuisances affecting the same,
shall apply not only
applies
within the corporate limits of
the
The
City
but as well
of Rehoboth Beach and
to all areas and persons
within 1 mile
outside
the
The
City
within one mile from said
of Rehoboth Beach
limits.
42.
(39)
To establish, by ordinance
duly
adopted
in accordance with
under
this
Chapter,
Charter,
a pension
plan or
plan,
a health and welfare plan, or both, for the employees of The City
of Rehoboth Beach
under
such
the
terms and conditions as The Commissioners, in their discretion, deem most
appropriate; provided, that the
appropriate. If deemed advisable by The Commissioners, the
method of funding
may, if deemed advisable by The Commissioners,
may
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 Commissioners.
43.
(40)a.
To borrow
money
up to $1,000,000 a year
in anticipation of revenues on the full faith and credit of The City of Rehoboth Beach
sum or sums not exceeding One Million Dollars ($1,000,000) in any one year when,
if,
in the opinion of a majority of
the Commissioners of Rehoboth Beach,
The Commissioners,
the needs of The City
of Rehoboth Beach
require it.
b.
Any sum
so
borrowed
shall
must
be secured by promissory notes of The City of Rehoboth
Beach
Beach, which are
duly authorized by a
Resolution
resolution
adopted by
the
The
Commissioners
of Rehoboth Beach
and signed by the Mayor
of The City of Rehoboth Beach
and attested by the Secretary
of the Commissioners of Rehoboth Beach
with the corporate seal
affixed and no
affixed. An
officer or Commissioner
shall be
is not
liable for the payments of
such
the promissory
notes because
it is
the officer or Commissioner
signed
by them
the promissory notes
as
officers
an officer or Commissioner
of The City
of Rehoboth Beach
and
is
the promissory notes are
authorized by the
Resolution
resolution
of
the Commissioners of Rehoboth Beach; PROVIDED, HOWEVER, that
The Commissioners. But
the total sum outstanding at any one time
shall
may
not exceed
One Million Dollars ($1,000,000); AND PROVIDED FURTHER, that any
$1,000,000.
c. Any
sum of money
so borrowed, as aforesaid,
borrowed under this paragraph (40)
in any fiscal year
shall
must
be paid from the general fund of The City
of Rehoboth Beach,
and
shall
may
be completely repaid at any time but must be completely
paid
paid, with interest,
at the end of
ten (10)
10
fiscal years following the first fiscal year when
said
the
sum
or sums were borrowed with interest thereon; and PROVIDED FURTHER, that such ad
was borrowed. Ad
valorem taxes shall be levied as are necessary to pay the principal of and interest on
said
the
bonds
as is required
without regard to any other limitation concerning the maximum rate of
taxation and such
taxation. The
notes and the interest
thereon shall be
on the notes are
exempt from all taxation by
the
this
State
of Delaware
or by any political subdivision,
agency
agency,
or subdivision
thereof.
of this State.
44.
(41)
To impose and collect a lodging tax of no more than 3% of the rent, in addition to the amount imposed by
the
this
State, for the occupancy of any room
or rooms
in a hotel, motel, or tourist home
which is
located within the boundaries of
the City,
The City of Rehoboth Beach,
under Chapter 61 of Title 30 of the Delaware Code.
Indemnification Of City Officers And Employees
Section
29A.
(a) For purposes of this
section, the term
Section,
“city officers and employees”
shall include
includes
the Mayor and
the Commissioners of the City of Rehoboth Beach,
other Commissioners,
all appointed
officers
officers,
and all employees of
the
The
City of Rehoboth Beach.
(d)
(1)
The
city solicitor
City Solicitor
shall undertake the representation or defense without charge of any city officer or employee in a civil action arising out of or related to the performance
by said officer or employee of his
of the city officer’s or employee’s
public
duties; or
duties.
(2) The City Solicitor
may undertake the representation or defense without charge of any city officer or employee in a criminal action arising from
the
performance of
his
the city officer’s or employee’s
duties and which
duties, if the
action does not allege official misconduct, profiteering, bribery, receiving unlawful gratuities, improper
influence
influences,
or other use of
his
their
office or employment.
An
A city
officer or employee may select
his or her
their
attorney with the concurrence of the
city solicitor
City Solicitor
and
the
The
Commissioners.
(e)
An
A city
officer or employee who is held liable for the payment of any claims arising out of a civil action, or settlements, judgments, expenses,
costs
costs,
and awards of
attorneys
attorney’s
fees arising
therefrom, shall be
from the civil action, is
entitled to indemnification therefor from
the where
The
City
of Rehoboth Beach, if the City Solicitor determines, subject to The Commissioners’ approval, that
the claim
shall have been determined by the city solicitor, subject to the approval of the Commissioners, to have
resulted from
activities; which:
activities that were all of the following:
1. Were done
(1) Done
in good
faith; and
faith.
2. Where done
(2) Done
in the reasonable belief that
such
the
activities were in
the
The City of Rehoboth Beach’s
best interest
of the City,
and in
the
furtherance of
the
The City of Rehoboth Beach’s
official practices and
policies of the City; and
policies.
3. Were within
(3) Within the city employee’s or officer’s
the scope of
authority of the person so acting; and
authority.
4. Were within the
(4) Within the city employee’s or officer’s
course of
employment of the person so acting; and
employment.
5. Were not wilful, malicious
(5) Not willful, malicious,
or wanton.
(f) In addition to
the City’s
The City of Rehoboth Beach’s
obligation to indemnify
City
city
officers and employees, the City
Manager
Manager,
on behalf of
the is hereby authorized to
The
City
of Rehoboth Beach, may
enter into contracts of insurance for the indemnification of
City
city
officers and employees who are determined to be entitled
thereto
to indemnification
in accordance with
subparagraph (c)
subsection (e)
of this
section,
Section,
or for
such
broader coverage as
he
the City Manager
deems advisable.
(g)
(1)
The Commissioners
may, upon resolution, authorize
may authorize, by resolution,
the payment of legal fees incurred by a
City
city officer or
employee for representation in a criminal action, if the charge arose out of or in the course of
City employment.
the city officer’s or employee’s official duties.
The Commissioners shall review an application for reimbursement based
upon
on
the criteria set forth in subsection
(c). In no event shall any payment
(e) of this Section.
(2) Payment
under this
section
subsection may not
be authorized
where the
if the city officer or
employee
has
has, after trial and any appeal,
been found guilty of,
after trial and any appeal,
or has entered a plea of guilty or
nolle contendere
nolo contendere,
to a crime involving a breach of public trust.
Drainage
Section 38.
(a)(1)
The Commissioners
of Rehoboth Beach shall have the full jurisdiction and control, within the limits of the City,
within The City of Rehoboth Beach’s limits, have all of the following:
a. The full jurisdiction and control
of the drainage of all
water thereof, together with the
water.
b. The
right to alter and change the course and direction of any of the natural water courses, runs and rivulets within
the limits of the City and
The City of Rehoboth Beach’s limits.
(2) The
Commissioner
Commissioners
may pass ordinances for the opening of gutters, surface water and underground drains and sewers within
the limits of the City.
The City of Rehoboth Beach’s limits.
(b)(1)
The Commissioners
of Rehoboth Beach shall also
have full power to regulate, maintain,
clean
clean,
and keep the natural water courses,
runs
runs,
and rivulets within
the
The
City
of Rehoboth Beach’s
limits
open and clean
open, clean,
and unobstructed and for that purpose may authorize the entry upon private lands and take,
condemn
condemn,
and occupy the
same
private lands
in the same manner and by the same condemnation proceedings as
hereinbefore
provided by Section 33 of this
Charter; which is concerned with the opening and laying-out of any streets.
Charter.
By like proceedings The Commissioners
of Rehoboth Beach shall
also have the power
and authority
to enter upon private lands and take,
condemn
condemn,
and occupy the
same
private lands
for the purpose of laying-down
gutters, surface
any of the following within The City of Rehoboth Beach’s limits:
a. Gutters.
b. Surface
water and underground water
drains or sewers, or any of them, within the City limits. Provided, however, that the
drains.
c. Sewers.
(2) The
resolutions referred to in Section 33 of this Charter
shall
must
be changed and modified to cover those cases contemplated by this
particular
Section
of the Charter shall be changed and modified to cover those cases contemplated by this particular Section
of the Charter.
SYNOPSIS
This Act amends the City of Rehoboth Beach’s Charter by making all of the following changes requested by The Commissioners of the City of Rehoboth Beach (Rehoboth Beach):
1. Adds qualifications for candidates to be eligible for election or appointment to serve as a member of The Commissioners, including the Mayor, and requires a candidate to file an affidavit of eligibility attesting that the candidate meets the required qualifications. A candidate for election or appointment must meet all of the following qualifications:
- The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The Commissioners.
- The candidate does not share a financial interest with a serving member of The Commissioners
2. Eliminates mileage reimbursement for non-resident Commissioners.
3. Updates the process for fixing the salaries for members of The Commissioners, including the Mayor, by allowing The Commissioners to fix the salaries by ordinance. An ordinance to increase salaries may not take effect earlier than 6 months after the ordinance is adopted.
4. Eliminates the Mayor’s civil and criminal jurisdiction because Rehoboth Beach has an Alderman and Assistant Alderman with civil and criminal jurisdiction. Also eliminates the Mayor’s duty to keep a docket of official acts and to report fines the Mayor imposes because the Mayor’s Court is eliminated. The Alderman and Assistant Alderman are required to record all official acts in the Alderman’s docket. Also, information regarding actions taken by the Mayor and the other Commissioners is available on Rehoboth Beach’s public website.
5. Adds a new subsection under Section 13 of the Charter to clarify that the Mayor retains the power to solemnize marriages in Rehoboth Beach, even though the Mayor’s Court is eliminated.
6. Eliminates the penalties for the Mayor failing to return documents and moneys belonging to Rehoboth Beach at the end of the Mayor’s term. Due to advancements in technology, the Mayor does not physically hold moneys belonging to Rehoboth Beach and documents belonging to Rehoboth Beach are stored electronically.
7. For violating an ordinance, increases the maximum fine from $500 to $2,500 and removes the penalties of imprisonment and being ordered to work while imprisoned.
8. Updates the Auditors of Accounts section to do all of the following:
- Require the appointment of 1 certified public accountant or accounting firm to serve as an independent Auditor of Accounts (Auditor) for a 5-year term.
- Prohibit reappointment of an Auditor until the expiration of 5 years since the Auditor last served.
- Remove the requirement that the Auditor to be a substantial freeholder in Rehoboth Beach.
- Change publication of the auditor’s report from a newspaper to the Rehoboth Beach website.
9. Removes the minimum valuation for real estate or improvements subject to assessment.
10. Adds the option for Rehoboth Beach to adopt county assessments for municipal tax purposes in compliance with Chapter 11 of Title 22 of the Delaware Code.
11. If Rehoboth Beach does not adopt county assessments, requires the Tax Assessor must reassess property at least every 5 years, to mirror the county reassessments required under § 8306 of Title 9 of the Delaware Code.
12. Updates the deadline for certification of a quarterly supplemental tax list to match Rehoboth Beach’s fiscal year.
13. Requires Rehoboth Beach to calculate the rolled-back rate and to provide notice of the difference between the rolled-back rate and the tax rate set by The Commissioners, as provided in § 1105 of Title 22 of the Delaware Code.
14. Changes the deadline for preparing the City Budget from May to March and changes the deadline for levying annual taxes from June to March because Rehoboth Beach’s fiscal year begins on April 1.
15. Updates the process for fixing the compensation or salary for Rehoboth Beach’s employees, officers, and agents, other than the members of the Commissioners, to conform with modern practices. Salary or compensation is fixed in the City Budget instead of at the annual meeting.
16. Removes The Commissioners’ powers to do all of the following because the powers are no longer relevant to present day and are no longer exercised by The Commissioners:
- Regulate the observance of the Sabbath Day.
- Establish and regulate pounds.
- Prohibit or impound wild or domestic animals.
- Impose taxes on dog owners.
- Collect a per capita tax on all persons who are qualified to vote in the annual municipal election.
17. Changes the cap on real estate taxes from $3,000,000 to 0.1% of the fully assessed value of all real estate located in Rehoboth Beach.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including reorganizing paragraphs, deleting redundant language, correcting typos and misspellings, fixing tabulation, and editing outdated or unclear language. The changes to Sections 7, 29A, and 38 of the Charter are technical changes and not substantive changes. These changes to these Sections to fix typos and misspellings, correct internal references, use consistent terms, and reorganize the Sections so that the language is more clear.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.
Author: Senator Huxtable