CHAPTER 447

BETHANY BEACH

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO INORPORATE THE TOWN OF BETHANY BEACH AND GIVE IT AUTHORITY TO ISSUE BONDS", BEING CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, AS AMENDED, RELATIVE TO THE ELECTION OF THE COMMISSIONERS OF BETHANY BEACH.

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

Section 1. Section 4 of Chapter 212, Volume 25, Laws of Delaware, 1909, is further amended, by striking out all of Section 4 and inserting in lieu thereof a new Section 4 as follows:

Section 4. That on the First Saturday in August in each and every year hereafter, an election shall be held in the said Town of Bethany Beach, at such place as may be designated by the Commissioners, between the hours of one o'clock and four o'clock in the afternoon, at which election the voters of the Town, qualified as hereinafter provided, shall elect Commissioners of the Town of Bethany Beach. Each of the seven (7) Commissioners of the Town of Bethany Beach shall be above the age of twenty-one (21) years, a non-delinquent taxable of the said Town and at the time of his election and during his term of office, a freeholder of said Town. His ceasing to be such freeholder shall, ipso facto, vacate his office. Each of four (4) of such Commissioners shall also reside in Sussex County. Removal from Sussex County of any Commissioner required by the provisions of this Charter to be a resident of Sussex County shall, ipso facto, vacate his office.

The present Commissioners and other officers now serving or by this Charter appointed to serve shall continue to serve as the Commissioners of the Town of Bethany Beach from and after the passage hereof until the expiration of their respective

term or until their successors are duly elected or appointed. At the annual election held on the First Saturday in August, 1955, three (3) Commissioners shall be elected who shall be elected for the term of two (2) years to succeed the expired terms of Chester K. Rickards, Bessie Christian and Louis A. Palmer. The Commissioners so elected shall reside in and be citizens of Sussex County.

At the annual election held on the first Saturday in August, 1956, in accordance with this Charter, four (4) Commissioners shall be elected, one of whom shall reside in and be a citizen of Sussex County whom shall be elected for the term of two (2) years to succeed the expired term of Clarence G. Dudley and three (3) of whom shall be elected for the term of two (2) years to succeed the expired terms of Charles L. Martin, James C. Popham and James Whaley. Thereafter on the First Saturday of August in each and every year, the successors of the Commissioners whose terms expire shall be chosen to serve for the term of two (2) years and until their successors shall be elected in accordance with this Charter. If any vacancy shall occur in said Commission by death, resignation, refusal to serve, or otherwise, the remaining Commissioners shall fill such vacancy for the residue of the whole term.

It shall be the duty of said Commissioners, at least twenty days before the day of holding any such election, to give public notice of the fact and of the place of holding such election by not less than five printed or written notices, posted in five or more of the most conspicuous places in said town, but failure to do so shall not prevent said election from being held, but shall render the Commissioners then in office ineligible for reelection at the next election at which they would be voted for.

Approved July 14, 1955.