CHAPTER 314

RELATING TO CITY OF DOVER

AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, BY AUTHORIZING THE COUNCIL TO EXTEND THE BOUNDARIES OF SAID CITY TO INCLUDE CERTAIN TERRITORIES AFTER A SPECIAL ELECTION OF THE QUALIFIED VOTERS AND REAL ESTATE OWNERS OF THE TERRITORY PROPOSED TO BE ANNEXED.

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

Section 1. That Chapter 158, Volume 36, Laws of Delaware, be and the same is hereby amended by adding at the end of Section 1 thereof a new section, to be known as Section 1 A, to read as follows:

Section 1 A. The City of Dover is hereby authorized and empowered, subject to special elections as hereinafter provided, to extend its boundaries to include the following described territories:

I. BEGINNING at the intersection of the south line of Walker Road with the east right of way line of the Delaware Railroad at the present northwest corner of the Dover City limits; thence running with the south line of Walker Road in a westerly direction to the intersection of the south line of Walker Road with the east line of Saulsbury Road; thence running with the east line of Saulsbury Road in a southerly direction to the intersection of the east line of Saulsbury Road with the extension of the south line Fulton Street at a present corner of the Dover City Limits; thence running with the extension of the south line of Fulton Street in an easterly direction to the intersection of the south line of Fulton Street with the east line of the Delaware Railroad; thence running with the east line of the Delaware Railroad in a northwesterly direction to the place of beginning.

II. BEGINNING at the intersection of the east line of the Delaware Railroad with the south line of North Street or the Hazletville Road at a present corner of the Dover City Limits; thence running with the south line of the Hazletville Road in a westerly direction to the intersection of the south line of the Hazletville Road with the extension of the east line of Saulsbury Road at a present corner of the Dover City Limits; thence running with the extension of the east line of Saulsbury Road and with the extension of the west line of the present Dover City Limits in a southerly direction to the intersection of the extension of the east line of Saulsbury Road and the west line of the Delaware Railroad; thence running with the west line of the Delaware Railroad in a northerly direction to the intersection of the west line of the Delaware Railroad with the extension of the North line of Wyoming Avenue; thence running with the extension of the north line of Wyoming Avenue in an easterly direction to the intersection of the extension of the north line of Wyoming Avenue with the east line of the Delaware Railroad at a present corner of the Dover City Limits; thence running with the east line of the Delaware Railroad in a northeasterly and northerly direction to the place of beginning.

III-1. BEGINNING at the intersection of the extension of the north line of Wyoming Avenue with the east line of the Delaware Railroad at a present corner of the Dover City Limits; thence running with the extension of the north line of Wyoming Avenue in a westerly direction to the intersection of the extension of the north line of Wyoming Avenue and the west line of the Delaware Railroad; thence running with the west line of the Delaware Railroad in a southwesterly direction to the intersection of the west line of the Delaware Railroad with the south bank of Puncheon Run stream; thence running with the various wanderings and meanderings of the south bank of Puncheon Run stream in an easterly direction to the intersection of the south bank of Puncheon Run stream with the west bank of St. Jones River; thence running with the various wanderings and meanderings of the west bank of St. Jones River in a northerly direction to the intersection of the west bank of St. Jones River with the south line of Roosevelt Avenue; thence running with the south line of Roosevelt Avenue in a westerly direction to the intersection of the south line of Roosevelt Avenue with the east line of State Street; thence running with the east line of State Street in a northerly direction to the intersection of the east line of State Street with the extension of the north line of Wyoming Avenue; thence running with the extension of the north line of Wyoming Avenue and with the north line of Wyoming Avenue in a westerly direction to the place of beginning.

111-2. BEGINNING at the intersection of the south line of a 15 foot wide alley which runs parallel to and south of Lotus Street with the east line of State Street at a present corner of the Dover City Limits; thence running with the east line of State Street in a southerly direction to the intersection of the east line of State Street with the south line of Roosevelt Avenue; thence running with the south line of Roosevelt Avenue in an easterly direction to the intersection of the south line of Roosevelt Avenue with the west bank of St. Jones River; thence running with the west bank of St. Jones River with its various wanderings and meanderings in a northerly direction to the intersection of the west bank of St. Jones River with the extension of the south line of the aforementioned 15 foot wide alley running parallel to and south of Lotus Street, and said point of intersection being the present southeast corner of the Dover City Limits; thence running with the extension of the south line of said 15 foot wide alley and with the south line of said 15 foot wide alley in a westerly direction to the place of beginning.

IV. BEGINNING at the intersection of the south line of Walker Road with the east line of State Street at the present northeast corner of the Dover City Limits; thence running with the east line of State Street in a southerly direction to the intersection of the east line of State Street with the north line of Monroe Street at a present corner of the Dover City Limits; thence running with the north line of Monroe Street and with the extension of the north line of Monroe Street in an easterly direction to the intersection of the extension of the north line of Monroe Street with the west bank of Silver Lake at a present corner of the Dover City Limits; thence running with the various wanderings and meanderings of the west bank of Silver Lake in a southeasterly direction to a point near Silver Lake Dam at the intersection of the west bank of Silver Lake with the west bank of St. Jones River; thence running with the various wanderings and meanderings of the west bank of St. Jones River in a southerly direction to the intersection of the west bank of St. Jones River with the extension of the dividing line between the Robert E. Lewis Home Property and the former Lewis Mill Property; thence running with the extension of the dividing and with the dividing line between the Robert E. Lewis Home Property and the former Lewis Mill Property in an easterly direction to the intersection of the extension of the dividing line between the Robert E. Lewis Home Property and the former Lewis Mill Property with the east line of the Cowgills Corner Road; thence running with the east line of the Cowgills Corner Road in a southerly direction to the intersection of the east line of the Cowgills Corner Road with the dividing line between lands of the City of Dover Light and Water Plant and lands of the International Latex Corporation; thence running with the dividing line between lands of the City of Dover Light and Water Plant and lands of the International Latex Corporation in a southeasterly direction to the intersection of the dividing line between lands of the City of Dover Light and Water Plant and lands of the International Latex Corporation with the north line of the North Little Creek Road; thence running with the north line of the North Little Creek Road and with the north line of Kings Highway in a westerly direction to the intersection of the north line of Kings highway with the west bank of St. Jones River; thence running with the various wanderings and meanderings of the west bank of St. Jones River in a southerly direction to the intersection of the west bank of St. Jones River with the extension of the south line of the Earle D. Willey Farm; thence running with the extension of the south line of the Earle D. Willey Farm and with the south line of the Earle D. Willey Farm in an easterly direction to the intersection of the south line of the Earle D. Willey Farm with the west right of way line of Bay Road, U. S. Route #113; thence running with the west line of Bay Road, U. S. Route #113, in a northerly direction to the intersection of the west line of Bay Road, U. S. Route #113, with the west right of way line of the Dover By Pass, U. S. Route #13; thence running with the west line of the Dover By Pass, U. S. Route #13, in a northerly direction to the intersection of the west line of the Dover By Pass, U. S. Route #13, with the north line of East Lake Gardens Development as shown on a plot of "East Lake Gardens" of record in the office of the Recorder of Deeds at Dover, Kent County and State of Delaware, in Plot Book #1, page 283; thence running with the north line of said East Lake Gardens in a westerly direction to the intersection of the north line of said East Lake Gardens with the east bank of Silver Lake; thence crossing Silver Lake and Lakeside Cemetery running in a westerly direction to a point at the intersection of the south line of Walker Road with the east line of State Street at the place of beginning.

V. BEGINNING at the intersection of the west line of the Dover By Pass, U. S. Route #13, with the north line of East Lake Gardens Development as shown on a plot of "East Lake Gardens" of record in the office of the Recorder of Deeds at Dover, Kent County and State of Delaware, in Plot Book #1, page 283; thence running with the west line of the Dover By Pass, U. S. Route #13, in a southerly direction to the intersection of the west line of the Dover By Pass, U. S. Route #13, with the west line of Bay Road, U. S. Route #113; thence running with the west line of Bay Road, U. S. Route #113, in a southerly direction to the intersection of the west line of Bay Road, U. S. Route #113, with the south line of the Earle D. Willey Farm; thence running with the extension of the south line of the Earle D. Willey Farm in an easterly direction to a new corner at the intersection of the extension of the south line of the Earle D. Willey Farm with the extension of the east line of Edgehill Acres Development as shown on a plot of "Edgehill Acres" of record in the office of the Recorder of Deeds at Dover, Kent County and State of Delaware, in Plot Book #2, page 46; thence running with the extension of the east line of and with the east line of said Edgehill Acres Development in a northerly direction to the intersection of the east line of said Edgehill Acres Development with the south line of the North Little Creek Road; thence running with the south line of the North Little Creek Road in a westerly direction to the intersection of the south line of the North Little Creek Road with the extension of the east line of Edgehill Development as shown on a plot of "Edgehill" of record in the office of Recorder of Deeds at Dover, Kent County and State of Delaware, in Plot Book #1, page 278; thence running with the extension of the east line of and with the east line of said Edgehill Development in a northerly direction to the intersection of the east line of said Edgehill Development with the south line of the Cowgills Corner Road; thence continuing on the same course and with the extension of the east line of said Edgehill Development in a northerly direction to the intersection of the extension of the east line of said Edgehill Development with the extension of the north line of the aforementioned East Lake Gardens Development; thence running with the extension of the north line of said East Lake Gardens Development in a westerly direction to the intersection of the north line of said East Lake Gardens Development with the west line of the Dover By Pass, U. S. Route #13, at the place of beginning.

In order to extend the boundaries of The City of Dover the Council shall adopt a resolution proposing the inclusion of one or more of said territories within the limits of The City of Dover and calling for a special election to be held in said territory or territories in accordance with Title 22, Chapter 1, Section 101, Delaware Code of 1953. Said resolution shall specify the date of such election, which shall be not less than thirty nor more than sixty days after the adoption of said resolution, and the place of said election. Said resolution shall be published in at least two issues of a newspaper published in The City of Dover at least two weeks prior to the day of said election.

Elections may be held in more than one of said territories on the same day, but the said elections shall be separate; only the votes of qualified voters and real estate owners of a territory as herein described shall be counted in the election to determine whether that territory shall be annexed.

Any such election shall be held by the election officers of the Election District or Districts of Kent County which shall include the territory proposed to be annexed. Every person who is duly registered upon the Books of Registered Voters for said Election District, or Districts, who is a resident of a territory proposed to be included within the limits of The City of Dover, and who does not own real estate within said territory shall be entitled to one vote at the election to determine whether said territory shall be annexed, and every person of the age of twenty-one years or upwards who is the owner of real estate within a territory proposed to be included assessed to him on the assessment records of Kent County, shall be entitled to one vote for each One Hundred Dollars ($100.00) or fractional part thereof of the assessed value of said real estate. Owners of real estate in common shall be entitled to vote according to their respective shares of the assessed value thereof. Owners of real estate by the entireties shall each be entitled to vote one-half of the assessed value thereof. Owners of real estate in joint tenancy shall be entitled to vote according to the assessed value thereof, divided by the number of joint tenants. Life tenants shall be entitled to vote according to the full amount of the assessed value of real estate so held by them, and the holders of remainders or similar interests subject to a life estate shall not be entitled to vote any part of the assessed value of such real estate.

The Council of The City of Dover shall provide the ballots for any such election and shall bear the cost of holding such election. The ballots shall briefly indicate the territory proposed to be included and shall provide two boxes beside which shall appear the word "FOR inclusion within The City of Dover" and "AGAINST inclusion within The City of Dover". Each voter shall indicate his preference by making a mark in pencil within the box beside the words expressing his preference. The election officers shall note on the outside of each ballot before the same is deposited in the ballot box the number of votes to which the person casting such ballot is entitled.

At any such election the polls shall be open from one o'clock P. M. to seven o'clock P. M. When the polls are closed the election officers shall publicly count the votes and forthwith certify to the Clerk of the Council the number of votes cast for and against inclusion within the city limits. At the next regular or special meeting of the Council the Mayor and Council shall receive the results of the election and make the same a part of the minutes of said meeting.

If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council shall thereupon adopt a resolution annexing said territory and including the same within the limits of The City of Dover, and from the time of the adoption and approval of said resolution the said territory shall be a part of The City of Dover.

If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion of that territory within the limits of The City of Dover, the proposed annexation of said territory shall be declared to have failed. The Council may thereafter resubmit a proposal of annexation to the voters of said territory under the authority of this Section and in accordance with the provisions hereof, provided that no such special election shall be held in any territory within two years of the day of a special election in said territory in which a proposed annexation has failed.

Approved July 8, 1953.