CHAPTER 352

WILMINGTON

AN ACT TO AMEND CHAPTER 122, VOLUME 29, LAWS OF DELAWARE, ENTITLED "AN ACT PROVIDING FOR ASSESSMENT AGAINST ABUTTING PROPERTIES IN THE CITY OF WILMINGTON FOR A PORTION OF THE COST OF PAVING AND IMPROVING THE PUBLIC STREET ROADWAYS", AS AMENDED BY CHAPTER 58, VOLUME 51, LAWS OF DELAWARE, BY REPEALING ALL PROVISIONS REQUIRING AND MAKING MANDATORY NOTICES AND PUBLIC HEARINGS IN CONNECTION WITH THE PAVING, REPAVING OR GENERAL RESURFACING OF ANY STREET, BLOCK OR BLOCKS LOCATED WITHIN THE CITY OF WILMINGTON.

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

SECTION 1. That Section 2 of Chapter 122, Volume 29, Laws of Delaware, as amended, be and the same is hereby amended by striking all of said Section, as amended, and inserting in lieu thereof a new Section to be known as Section 2 and reading as follows:

Section 2. The owner or owners of more than one-half of the frontage on any street or block or blocks of a street desiring the paving or repaving or general resurfacing of said street or block or blocks of said street may by petition presented to the Board of Directors of the Street and Sewer Department ask for the paving or repaving or general resurfacing of said street or block or blocks of said street and the said department may accept and file such petition and upon majority vote of said Board proceed with the paving, repaving or general resurfacing of the street, block or blocks mentioned in the said petition, provided, however, that the said Board of Directors of the Street and Sewer Department may, by a majority vote of said Board, give notice and conduct a public hearing as to the desirability or necessity of such paving, re paving or general resurfacing.

SECTION 2. That Section 3 of Chapter 122, Volume 29, Laws of Delaware, as amended, be and the same is hereby amended by striking all of said Section, as amended, and inserting in lieu thereof a new Section to be known as Section 3 and reading as follows:

Section 3. That whenever in the judgment of the Board of Directors of the Street and Sewer Department it becomes necessary or desirable to pave, repave or generally resurface any street or block or blocks of a street, the said Board may by a majority vote of all the members thereof proceed to do said work; provided, however, that the said Board may, by a majority vote of said Board, conduct a public hearing as to the desirability or necessity of such paving, repaving or general resurfacing, in which event notices shall be posted at the office of the Board and at least one in some conspicuous place in each block that is to be so improved, and so far as shall be practicable, notice shall be sent by mail to each person owning property in said street or block that is to be improved; such notices shall set forth the street or block or blocks that are to be improved, the kind of paving proposed, and the time and place when the Board will hold a public hearing on the subject.

SECTION 3. All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved April 3, 1958.