CHAPTER 257

MAGNOLIA

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MAGNOLIA, CHAPTER 568, VOLUME 17, LAWS OF DELAWARE, BY AUTHORIZING THE COUNCIL TO EXTEND THE BOUNDARIES OF SAID TOWN 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. Chapter 568, Volume 17, Laws of Delaware 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 Town of Magnolia is hereby authorized and empowered, subject to special elections as hereinafter provided, to extend its boundaries to include the following described territories:

BEGINNING for the extension of the corporate lines of the Town of Magnolia, in South Murderkill Hundred, Kent County and State of Delaware, in accordance with a survey made by J. E. Haddaway Surveyor, during April 1957, as follows, to wit., said beginning being in the middle of the stream of Beaver Dam Branch, also known as Church Branch, a corner for lands formerly of Nattie Warren and now of A. Johnson, also a corner for land now of the estate of a certain Wooten thence running with the old hedge row thru the woods and old wire fence south 12 degrees west about (800) feet to a point in said line, thence turning and continuing with the former Warren lands and a division fence south 22 degrees 30 minutes east about (2500) feet to a point in the middle of the State Highway now known as West Walnut street, formerly known as the Canterbury Road, said point being distant (1454) feet west of the present west boundary of said town, thence turning and running at a right angle from said road middle across land now of Ralph Mcllvaine bearing south 43 degrees 30 minutes east about (1000) feet to another new corner in lands of Ralph McIlvaine, said line being for corporate purposes only, thence turning and running across land now of A. B. Faulkner, formerly of J. B. McIlvaine and land now of the late J. B. McIlvaine's widow, north 73 degrees 30 minutes east about (2000) feet to another new corner in the middle of the State Highway now known as South Main Street, also known as the Frederica Road, said line being for corporate purposes only and said new corner being distant (825) feet south of the present corporate line of said town and being at right angle to said South Main street thence by another new line for corporate purposes only across lands now of Mrs. Lida Lindale, formerly of the late J. B. Lindale, and running parallel with the Landing road now known as East Walnut street bearing north 47 degrees 30 minutes east about (3325) feet to another new corner in the Lindale land, thence turning and running at right angle thereto, north 43 degrees 15 minutes west across the Lindale land for corporate purposes only, about (1920) feet to another new corner in the middle of the former Landing Road, now known as East Walnut street, said new corner being distant (1050) feet east of the present east corporate line of said town, thence continuing with the same bearing across land now of Wm. Warren deceased, for corporate purposes only and at right angle to said street about (1700) feet to the middle of the main stream of Beaver Dam Branch also known as Church Branch, thence turning and running for corporate purposes only, up and with said stream in a south westerly direction about (117) perches to another new corner in the middle of North Main street, known as the Rising Sun Road, said new corner being distant about (310) feet north of the present corporate line of said town and being over the culvert which crosses said street, thence continuing with the middle of said stream and running up therewith in a westerly direction about (139) perches back to the beginning.

In order to extend the boundaries of The Town of Magnolia the Council shall adopt a resolution proposing the inclusion of said territory within the limits of The Town of Magnolia and calling for a special election to be held in said territory in accordance with Title 22, Chapter 1, Section 102, Delaware Code. 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 Kent County at least two weeks prior to the day of said election.

Only the votes of qualified voters and real estate owners of the 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 Town of Magnolia, 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 the 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 on-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 Town of Magnolia 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 words "FOR inclusion within The Town of Magnolia" and "AGAINST inclusion within The Town of Magnolia." 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 President of Council 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 Town of Magnolia, and from the time of the adoption and approval of said resolution the said territory shall be a part of The Town of Magnolia.

If a majority of the votes cast in an election held in the territory proposed to be annexed shall be against the inclusion of that territory within the limits of The Town of Magnolia, 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 the territory within two years of the day of a special election in the territory in which a proposed annexation has failed.

Approved July 22, 1957.