An Act To Reincorporate The Town Of Magnolia.
This Act reincorporates the Charter of the Town of Magnolia. The following are substantive changes thereto: Provisions Removed from Charter The authority to have an Alderman. Annexation authority and procedures. The requirement that council candidates own real property in town (or be married to someone who does), and the requirement that council candidates and voters not have any delinquent taxes. (It’s believed these provisions are unconstitutional.) The authority for the Town to operate a sewer system. Provisions Added to Proposed Charter The Town’s short-term borrowing limit was increased from $10,000 to $15,000, while the Town’s total indebtedness limit was decreased from 25% to 15% of the total value of assessed real property in town. A section of enumerated town powers was included that was largely absent before. The election procedures were revised to conform to the Delaware Municipal Election laws. The authority to impose impact fees, grant licenses and franchises was included. Authority was included for the mayor to act in emergency situations without getting council approval. Procedures were added for filling vacancies on council that arise mid-term. The Town Clerk to have delinquent tax collections powers as conferred upon the Kent County Government. Authority was added to regulate subdivision and land development and to construct and operate a water system and electric distribution system. A requirement was added that the Town may not be sued in certain instances unless the Town is notified within one-year of the time the injury occurs. A provision clarifying the Town’s authority to collect unpaid debts was also included. The annual tax limit was changed from a flat $20,000 limit to 2% of the total assessed valuation of all taxable real estate. The Mayor may be compensated pursuant to a majority vote of Council. Punishment for ordinance violations is limited to a $1,000 fine and/or 30-days imprisonment per offense.