DelawareHS 1 for HB 376153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE.

Sponsored By: Ronald E. Gray (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

33 provisions identified: 7 benefits, 13 costs, 13 mixed.

Unpaid Town bills create property liens

Town taxes and municipal charges create liens on the charged property for 10 years from the levy date. General lien priority follows Delaware law; for a life estate, the life tenant's interest is liable first. Delinquent utilities, service charges, license and tapping fees, assessments, nuisance cleanup, and listed paving or sidewalk bills have stronger protection. These become first liens on the owner's Millville real estate, ahead of even earlier liens, for 10 years from the due date. Town officials can use delinquent-tax collection tools to collect them.

Town property purchase power is removed

The law removes express authority for Millville to buy, hold, and resell property sold for unpaid Town charges. Covered debts include taxes, assessments, water bills, fees, and nuisance charges. This removal does not cancel the debt or establish that other collection or sale powers end.

Millville officials gain pay and reimbursement options

After a preliminary removal resolution, Millville must pay the Town Manager’s unpaid salary balance for the next three calendar months. The Manager’s contract can instead set different payment terms. Council, Planning and Zoning Commission, and Board of Adjustment members can receive compensation set by ordinance or resolution during budgeting. They can also be reimbursed for money spent performing their duties. Member payments are optional, and the law sets no dollar amounts.

Millville property taxes have annual limits

The law removes an older real-estate taxing clause and sets out an annual limit on covered Town property taxes. The combined real-estate and utility-fixture tax levy cannot exceed 3% of total taxable real-estate and improvement assessed value. Taxes used to pay principal or interest on Town bonds are outside this cap. This Town-wide limit does not set an individual owner's tax bill or establish that property taxes end.

Millville can fund volunteer and community groups

Millville can fund qualifying Delaware-incorporated volunteer fire, ambulance, and emergency-treatment groups that operate services or equipment for the Town. Total yearly contributions cannot exceed 6% of real estate taxes levied that year. The Town can also fund community organizations serving Millville and set conditions on either type of contribution. No payment is required, and no amount is set for community grants. These powers replace older funding clauses; removal of older fire-service organization powers does not require existing groups to close.

Millville Mayor can act during emergencies

The Mayor can act without prior Council approval when a sudden emergency requires prompt protection of health, safety, or welfare. Examples include major fires, serious storms, flooding, civic disturbances, and toxic spills. County, state, or federal emergency declarations also qualify when issued by an agency with jurisdiction and covering Millville.

Millville removes an express fine power

The law removes express Charter authority to fine people up to $1,000 for Town ordinance violations. It does not state that current fines change or that other penalty authority ends.

Millville residents get clearer public records

Millville must keep electronic and paper minutes of public Council, commission, and board meetings, including each member’s votes. Minutes must be available at Town Hall, posted online within a reasonable time, and approved at the next meeting when possible. The Town must also keep its rules current and available at Town Hall and online. An independent Delaware-licensed accountant without a personal interest must audit all Town accounts annually. The May 1–April 30 fiscal year’s report is due within 120 days, with findings available at Town Hall and newspaper notice.

Commission members lose daily service payments

Commission members no longer receive $5 for each day or part of a day of actual service. The law states no replacement payment. Each affected member's total loss depends on how many days they serve.

Millville damage claims require timely notice

People seeking damages for alleged Town negligence causing injury, death, or property damage must give written notice within one year. Notice must go to the Town Manager or designee by prepaid certified mail, with return receipt requested. It must state the time, place, cause, character, and extent of the injury or damage. Without this notice, the person cannot bring or continue the case against Millville.

Annexation and new construction face fees

The law removes an older impact-fee clause and authorizes fees for annexation, new development, construction, or first occupancy. Fees must reasonably recover public improvement costs and have a clear connection to growth or new construction. Annexation terms must be agreed to by Council and the applicant before annexation. Impact fees can also support volunteer fire or ambulance/paramedic companies serving the Town. No fee amount is set, and deleting the older clause does not establish that existing fees end.

Building projects remain subject to regulation

The law removes an older building-and-zoning clause and sets out authority to regulate building construction and removal. Millville can establish building codes, require permits, set building lines, and divide the Town into zones. It can set rules for buildings and materials within each zone. The deleted clause does not establish that existing rules end; no permit fee or specific building restriction is stated.

Owners face annexation petition requirements

Annexation petitions must cover land touching Millville and have support from at least 80% of property owners. Existing residential subdivisions instead need at least 80% of lot owners of record. Applicants must provide a description, current survey, and reasons; zoning requests beyond R-1 or R-2 Residential also need a concept plan. Applicants pay to notify residents within 200 feet of the proposed boundary. After an unfavorable committee conclusion or Council rejection of a favorable report, applicants must wait 365 days to reapply.

Owners pay for ordered sidewalk repairs

Owners must arrange and pay for Council-ordered paving, graveling, curb, sidewalk, or path work beside their property. Work must follow the Town's notice and specifications. After 30 days without compliance, the Town can do the work and bill the owner. Bills unpaid 60 days after presentation can be collected like delinquent taxes.

Millville lodging guests face local taxes

The law removes an older hotel, motel, and tourist-home tax clause and authorizes a tax on Town lodging establishments. Millville can charge up to 3% of rent, in addition to Delaware's lodging tax. The Town is not required to impose it. The law does not state whether a local tax is already collected or establish savings from deleting the older clause.

Tax deadlines and overdue collection fees

Millville taxes are due 90 days after the fiscal year begins, normally May 1 unless Council changes it. The Town must collect taxes still unpaid 90 days after their due date, with applicable penalties and costs. The law replaces an older collection-fee clause and allows a fee capped at 18% of the overdue amount, including interest and penalties. Council is not required to impose this fee. Charter collection powers also cover lawful taxes, license fees, assessments, and other charges imposed before the Charter took effect that remain unpaid.

Millville businesses face annual license charges

The law removes an older business-license clause and authorizes annual licenses, taxes, and fees for businesses, professions, and occupations. Council sets the amounts; the law lists no charge amount. Delaware residents need no license to sell produce grown on their own farm or a farm owned by a family member living with them. Removing the older clause does not establish that current business charges end.

Millville can regulate events and gaming

Millville can prohibit gaming and fraudulent devices. It can also prohibit, limit, license, or regulate public sports, shows, parades, gatherings, performances, and similar activities. The law grants this power but does not set specific event rules or license fees.

Millville candidates face filing and background checks

Council members must be U.S. citizens, residents for at least 90 days before election, and at least 21 by election day. They must owe no overdue Town debts and have no felony conviction or court finding of mental incompetence. Candidates must file an application, certificate, residency proof, Ethics Form, and background-check consent by close of business the first Friday in February. They must pay for the check and provide results at least two weeks before the election. The Town must publish the candidate list in a newspaper, two public places, and online at least 10 days before election. Members must keep their qualifications while serving; losing one creates a vacancy.

Utility infrastructure owners face Town taxes

The law removes an older infrastructure-tax clause and authorizes taxes on covered structures within Millville. These include telephone and power poles, pipelines, rail lines, and attached wires or equipment. Railroad or railway lines and poles owned or operated for interstate commerce are exempt. No tax rate or change in household utility bills is stated.

Town utilities offer service with charges

Millville can build and run water, sewer, electric, gas, and surface-water drainage systems. The Town can set permitted uses and user charges. For public health, it can require any property within Town to connect to the Town sewer system. It can provide or refuse water, sewer, electric, and gas service outside Town limits. No service rates or connection costs are stated.

Development districts bring limited property assessments

The law removes an older financing clause and authorizes tax-increment financing and special development districts under Delaware law. It includes specified state, county, and other public entities within the entities eligible for district arrangements. District bonds can be repaid only from authorized district sources, not through general claims against the Town or owners. Buyers of district property remain responsible for the individual assessment set for that property. No district, project, or assessment amount is identified.

Millville owners can face sidewalk cleanup duties

Millville can build, maintain, and regulate streets, sidewalks, drainage, parks, and related public works. It can remove public obstructions and require owners or neighboring owners to clear ice, snow, dirt, and other substances from sidewalks and gutters. New authority covers trees and dangerous or unhealthy lots, replacing older detailed clauses on those topics. The law also removes express Charter authority over house and lot numbering and street names. It does not itself change existing addresses or names.

Millville owners get street-payment appeal deadlines

Owners disputing compensation or damages for a street change must notify the Council in writing within 20 calendar days. They must ask a Superior Court judge for a review commission within 15 calendar days after serving notice. The commission has five property owners who live in Millville. The Council and Superior Court also share authority over vacating public roads, bridges, and rights-of-way.

Bidding rules for Millville contract vendors

Millville generally awards contracts to the lowest responsible bidder with a bid that meets requirements. Purchases totaling no more than $10,000 per fiscal year can skip bidding, unless funding or other requirements demand it. Materials or nonprofessional services over $10,000 and up to $20,000 can use written quotes from at least three qualified sources. Exceptions also cover professional services, emergencies, impractical competition, and specified government purchases. Town ordinances set procedures; without an ordinance, applicable Delaware state procurement laws govern materials and labor purchases.

Millville service licenses cannot be exclusive

Millville can grant and regulate licenses or franchises for providers using public places for utilities, transportation, communications, and other services. This includes vendors selling goods or services in public places. The Council sets the terms and duration, but cannot grant exclusive licenses or franchises for these purposes. The law replaces an older express license-control clause; it does not specify changes to existing agreements.

Millville officials face conduct and removal rules

Town officials must follow Delaware’s Code of Conduct and Millville’s Code of Decorum. Council members must affirm the Town code each March when officers are elected. A felony conviction or three consecutive unexcused regular-meeting absences automatically causes loss of office. Residency or express Charter violations require notice and a unanimous vote of eligible Council members. The affected member can demand a public hearing in writing within 10 days; the hearing must occur within 20 days.

Millville revises weapons and fire controls

Millville can regulate or prevent use of guns, air guns, pistols, slingshots, and similar harmful devices within Delaware law’s limits. This authority does not itself impose a new local restriction. The law removes older weapons language covering fireworks, bombs, and explosives. It also removes express controls over listed fire hazards, including gunpowder, tar, pitch, resin, and dangerous equipment. These removals do not establish that existing restrictions end or that other legal authority is unavailable.

Millville sets police powers and limits

Millville’s Council can create a police department and set its size; the law does not require one. A department’s main jurisdiction covers the Town and annexed properties, and officers can enforce Town and Delaware laws. Officers can make warrantless arrests for observed disorderly conduct or Town violations concerning peace and good order. They can also pursue offenders beyond Town limits. The law removes older police rules and express Town jail-building authority, but does not dissolve a department or close a jail.

Millville sets resident voting rules

Bona fide Millville residents age 18 or older can vote once in the annual Town election. Special referenda allow one vote per resident citizen over 18, whether or not they own property. Nonresident property owners cannot vote in those referenda. Election ties remaining after three recounts are decided by lot. If Millville uses Delaware’s voter registration system, it must sign an agreement covering registration, records, and election support.

Millville borrowing carries caps and repayment taxes

Replacement borrowing powers let Millville issue debt for Town purposes, backed by its full faith and credit or other security. Total Town debt cannot exceed 25% of assessed real property value; debt certificates are exempt from state, county, and municipal taxes. A Council majority can also approve borrowing against expected revenue when Town needs require it. That borrowing is capped at $500,000 per year and $500,000 outstanding at any time. Principal and interest must be repaid from the general fund within 20 fiscal years after the first borrowing year. Needed property taxes can exceed other tax-rate limits, and the notes and interest are tax-exempt.

Residents vote on Town improvement borrowing

Millville can issue bonds backed by the Town for listed utility, street, sewage, land, and permanent improvement projects. Council must state the amount, purpose, and security, hold a public hearing, and seek voter approval. The special election must occur 30 to 60 days after the hearing. Town residents can vote in person or by absentee ballot. Total bond debt cannot exceed 25% of Town real estate value shown by the last assessment before borrowing.

Millville development contracts can skip bidding

Millville can skip Charter competitive-bidding procedures for contracts tied to Council-created special development or tax increment financing districts. The exception generally does not cover the Council directly buying labor or materials for district public improvements. Development, funding, and similar agreements between the Council and a district property owner are excepted from that restriction.

Sponsors & Cosponsors

Sponsor

Ronald E. Gray
Republican • House

Cosponsors

Gerald W. Hocker
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 55 • No: 1

Senate vote • 7/1/2026

Passed (2/3 required)

Yes: 20 • No: 0

House vote • 6/9/2026