CHAPTER 180

NEWARK

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE `CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY PROVIDING FOR THE VACATION OF CITY STREETS.

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

Section 1. Section 51, of Chapter 152 of Volume 48, Laws of Delaware, as amended, is further amended by adding at the end of said section the new paragraphs as follows :

Whenever the necessity for the continuation of an existing public street, or a portion thereof, shall cease, the Council shall by resolution fix a time and place to which persons interested may be heard with respect to the vacation or abandonment thereof. A copy of the resolution shall be published in a newspaper of general circulation within the City in at least two issues thereof prior to the date fixed for the hearing and likewise a copy of the resolution shall be sent by mail addressed to the owners of land touching upon the street, or a part or portion thereof, at least ten days before the day fixed for the hearing.

The Council shall, on the day and at the time fixed, proceed to hear persons interested and shall consider any objection to the vacation or abandonment of the street or part thereof and shall determine concerning the same. If the Council determines that no necessity exists for continuing the street or part thereof, they may order the same to be vacated or abandongd and may determine who shall enclose the same. The order of the Council shall be entered in the minutes of the Council together with a description of the street or that part thereof ordered to be vacated or abandoned and thereupon the street or part thereof shall cease to exist as a public street and the persons entitled to enclose the same may proceed to use and occupy the vacated or abandoned street.

Whenever the Council shall determine that the necessity for the continuation of an existing public street, or portion thereof, has ceased, the Council may order said public street vacated and closed without a hearing, provided that all the abutting property owners along the street or portion thereof shall consent to the vacation of such public street, shall signify such consent in writing, shall agree who shall be entitled to enclose said street, and shall signify such agreement in writing.

In the event that any public street shall be ordered vacated, abandoned or closed as aforesaid, any public utility having poles, wires, conduits or other facilities in said street shall have the right to continue to maintain said facilities in place and to supplement them as required unless reimbursed by abutting property owners for the reasonable cost of relocating them.

Approved May 31, 1955.