CHAPTER 164

RELATING TO SANITARY SEWER DISTRICTS

AN ACT TO AMEND CHAPTER 23, TITLE 9, OF THE DELAWARE CODE RELATING TO THE QUALIFICATIONS OF VOTERS FOR ELECTIONS IN SANITARY SEWER DISTRICTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2306 of Chapter 23, Title 9 of the Delaware Code is amended to read as follows:

§ 2306. Election on question of establishment of district

(a) Whenever the determination on the question of establishing the district, as required by section 2305 of this title, is in the affirmative, and after the other requirements of that section have been complied with, the Levy Court then shall cause an election to be held within six months following the date of the hearing, at which the question shall be submitted to the voters residing within the boundaries of the sanitary sewer district as fixed by the Levy Court as to whether the district shall be established or not. Notice of the election shall be advertised in the same manner as provided in section 2304 of this title for advertising the public hearing. The cost of the election shall be borne by the Levy Court, which shall be reimbursed for such cost by the district, if established by the election.

(b) The proposition shall be submitted to the voters substantially in the following form:

FOR THE SANITARY SEWER DISTRICT

AGAINST THE SANITARY SEWER DISTRICT

(c) The majority of votes cast shall decide the matter.

(d) The election shall be managed and the' votes canvassed in such manner as may be prescribed by the Levy Court. Every citizen who resides in the proposed sanitary sewer district in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district in which the proposed sanitary sewer district is a part, at a general election, if such general election were held on the day of such election in the proposed sanitary sewer district, may vote at such election whether or not he is at the time a registered voter.

Approved May 26, 1955.