CHAPTER 257

RELATING TO TOWN OF MIDDLETOWN

AN ACT TO AMEND AN ACT TO REINCORPORATE THE TOWN OF MIDDLETOWN.

Be it enacted by the General Assembly of the State of Delaware, (two-thirds of all the Members elected to each Branch of the Legislature concurring therein):

Section 1. Paragraph 16 of Section 3 of "An Act to Reincorporate the Town of Middletown, Volume 33, Chapter 128 of the Laws of Delaware" be and the same is amended by striking out and repealing Paragraph 16 of Section 3 thereof and inserting in lieu thereof a new paragraph to be known as Paragraph 16, Section 3, of Volume 33, Chapter 128, of the Laws of Delaware as amended, as follows:

Paragraph 16 of Section 3: To make general assessments of property in said Town, and assess and collect taxes and other rates and charges thereon, for municipal uses and purposes; provided, however, that The Mayor and Council of Middletown shall make no general assessments or collect any taxes or other rates and charges, as aforesaid, with respect to unimproved land lying within said Town or which may hereafter be annexed to and become a part of said Town so long as such land shall remain unimproved and shall not abut or be adjacent to an improved street within said Town; provided further that, upon the installation of an improved street in said Town, unimproved land abutting thereon or adjacent thereto shall thereafter be subject to assessment and taxation for municipal uses and purposes to the extent that such unimproved land fronts upon such improved street and to the depth of such lot or lots as shall appear on such plot or plan of said land as may be furnished or submitted to the Mayor and Council by the owner of such unimproved land after the Mayor and Council shall have given written notice unto such owner to furnish or submit such a plot or plan within a period of time to be fixed in said notice; if, however, such owner shall fail to submit or furnish such a plot or plan within the time prescribed, then such land shall be subject to assessment and taxation to the extent that such unimproved land fronts upon such improved street and to such reasonable depth as shall be fixed by the Mayor and Council after the Mayor and Council shall have given consideration to the depth of lots in close proximity thereto; provided further that "unimproved land" as used in this paragraph shall include but shall not be limited to farm and agricultural lands, even though farm residences and buildings exist or are erected thereon. To make and collect special assessments of said property for the costs of any local or general improvement; and to enforce the payment of such taxes and other rates and charges and special assessments.

Section 2. This act shall be deemed and taken to be a public act.

Approved July 6, 1953.