CHAPTER 166 - REHOBOTH BEACH

AN ACT TO AMEND CHAPTER 161, VOLUME 41, LAWS OF DELAWARE, ENTITLED "AN ACT CHANGING THE NAME OF 'THE TOWN OF REHOBOTH' TO 'CITY OF REHOBOTH BEACH', ESTABLISHING A CHARTER THEREFOR, AND REPEALING CHAPTER 247 OF VOLUME 27, LAWS OF DELAWARE, BEING ENTITLED `AN ACT CREATING A BOARD OF PUBLIC WORKS FOR THE TOWN OF REHOBOTH, WHICH SHALL ESTABLISH, CONTROL AND REGULATE A WATER WORKS SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS' ", AS AMENDED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all members elected to each Branch thereof concurring therein):

Section 1. That Section 40 of Chapter 161, Volume 41, Laws of Delaware, as heretofore amended by Section 21 of Chapter 177, Volume 43, Laws of Delaware, be and the same is hereby further amended by adding a new paragraph at the end of said Section 40, as heretofore amended, which said new paragraph shall read as follows:

"In the event any public property or estate of the City of Rehoboth Beach and/or The Commissioners of Rehoboth shall be destroyed or damaged to any extent whatever by fire, wind, flood or other catastrophe or calamity arising from forces outside of human control, The Commissioners of Rehoboth shall be, and they hereby are, authorized to fix a date or dates for the holding of any such Special Election and any such Special Election may be held at any time during any calendar year for the purpose of voting for or against a proposed loan or loans which shall be required to raise all such funds as may be necessary to repair and/or replace any and all such public property or estate so destroyed or damaged."

Section .1A. That Chapter 161, Volume 41, Laws of Delaware, as heretofore amended by Chapter 177, Volume 43, Laws of Delaware, be and the same hereby is, further amended by adding thereto an entirely new Section to be known and designated as Section 46A thereof, which said entirely new Section shall read as follows:

"Section 46A. If at any given time that any notice required by this Act and/or any ordinance, rule, regulation or resolution adopted in pursuance thereof to be published in a newspaper published in the City of Rehoboth Beach, there shall then be no newspaper published in said City, or a temporary or other secession of publication by all newspapers published in said City, then in any such event The Commissioners of Rehoboth shall select a newspaper of general circulation, published outside of said City but within the limits of Sussex County, Delaware, and such notice shall be published in the newspaper so selected by The Commissioners of Rehoboth. Further, in any such event, any notice published in the newspaper so selected by The Commissioners of Rehoboth, as aforesaid, conclusively shall be deemed to have been published in full compliance of this Act and/or any ordinance, rules, regulation or resolution adopted in pursuance thereof in respect of the publication of such notice in a newspaper, notwithstanding anything hereinbefore or hereinafter contained to the contrary.

Section 2. Excepting as may be herein provided expressly to the contrary, every and all Sections or parts of Sections of this Act shall become effective immediately upon its approval.

Section 3. The authority vested in The Commissioners of Rehoboth and the taxables of the City of Rehoboth Beach by Section 1 of this Act shall apply with equal force and effect to all loans which may be required to raise funds necessary to replace and/or repair all such public property or estate as might have been so destroyed or damaged at a time or times preceding the enactment and approval of this Act as well as at a time or times after the date of the enactment and approval hereof.

Section 4. All Acts or parts of Acts inconsistent with or in conflict with the provisions of this Act are hereby repealed to the extent of such inconsistency only.

Section 5. If any part of this Act shall be held invalid or unconstitutional such holding shall not be deemed to invalidate the remaining provisions hereof.

Section 6. This Act shall be taken as and deemed to be a public act of the State of Delaware.

Approved April 12, 1945.