Delaware General Assembly



CHAPTER 216

MILLSBORO - EXTENDING TOWN LIMITS

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO", BEING CHAPTER 203 OF VOLUME 25, LAWS OF DELAWARE, AND AUTHORIZING THE ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY TO THE SAID TOWN.

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

Section 1. That Chapter 203, Volume 25, Laws of Delaware, be and the same is hereby amended by striking out and repealing all of Section 3 and by inserting and enacting in lieu thereof the following new Section to be known as Section 3:

Section 3. The said corporation shall have power to annex certain additional contiguous territory to the present limits of the said corporation and after such additions, the description of the town limits shall be as follows:

Beginning in the center of the old State road leading from Georgetown to Berlin, Maryland, and the center of the raceway of Betts mill (formerly Burtons upper mill), thence with old State road S. 38° 53' E. 164.2 ft. to the junction with a road leading out of Millsboro, or State Street extended; thence continuing with the old State road leading from Georgetown to Berlin, Maryland, the following courses: S. 7° 57' E. 467.4 ft.; S. 6°.17' E. 576.1 ft.; S. 3° 52' E. 555.8 ft.; S. 5° 58' E. 503.3 ft. to the center of the DuPont Highway; thence S. 7° 48' E. 2146. ft. to the center of the concrete road leading from Millsboro to Gumboro; thence S. 9° 12' E. 1201. ft. to the center of a dirt road leading into Millsboro, and the Old Landing road (this point being originally known as Burtonsville) thence S. 11° 32' E. 825.3 ft.; S. 34° 50' E. 1591.3 ft. to a fork in the road; thence S. 68° 05' E. 349.5 ft. to the center of Iron Branch; thence down Iron Branch with the several meandering thereof, to Indian Branch; thence down Indian Branch with the several meandering thereof, to Indian River; thence up the westerly shore of Indian River to the aforesaid raceway of Betts mill; thence up said raceway to the place of beginning.

And extend and apply to such additional territory all laws, ordinances, resolutions in force within said town, so far as they may be locally applicable. Before such additional territory shall be annexed to said town the Commissioners shall pass a resolution describing and defining accurately the territory proposed to be annexed. However, before such territory shall be annexed the question of such annexation shall be first submitted at a special election to the qualified voters and real estate owners of the territory proposed to be annexed and included in the limits of said city or incorporated town at such election, after a majority of the qualified voters and real estate owners in such territory shall vote approval to be included within the limits of said town, then and only then shall such territory be included within the limits of said town. Such special election shall be held by the proper election officers of the town of Millsboro. Each real estate owner shall be entitled to one vote for each $100 of real estate assessed to him or her on the assessment records in Sussex County. Each qualified voter not being the owner of real estate within

said territory shall be entitled to one vote. If such annexation shall not be approved at the first election, a subsequent election may be held under the provisions of this Act provided that no two elections may be held within twelve months of each other.

Approved April 7, 1947