CHAPTER 29

AN ACT TO AMEND THE CHARTER OF THE CITY OF DAGSBORO, CHAPTER 161, VOLUME 43, LAWS OF DELAWARE, BY AUTHORIZING THE COUNCIL TO EXTEND THE BOUNDARIES OF SAID CITY TO INCLUDE CERTAIN TERRITORIES AFTER A SPECIAL ELECTION.

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 161, Volume 43, Laws of Delaware is amended by adding a new Section to be known as Section 1A as follows:

Section 1A. The Town of Dagsboro is hereby empowered, subject to a special election, to extend its boundaries to include the following described territory:

Beginning at a cement or stone marker at the intersection of the East side Waples Street and a ditch thence north forty-four West (N 44° W) five hundred fifteen (515) feet by the eleventh line of the corporation limits extended in a northerly direction to a concrete marker on the northwesterly side of the Piney Neck County Road known as No. 336A thence north eighty-four degrees forty-five minutes East (N 84° 45' E) one hundred eighty-eight (188) feet to a concrete marker on the northwest side of said road and the east side of Waples Street thence south twenty-six and three-quarters East (S 268/4° E) four hundred twenty-one (421) feet to the point and place of beginning.

Section 2. The Council of The City of Dagsboro shall adopt a resolution which shall propose the inclusion of the above described territory within the limits of the Town of Dagsboro and call for a special election to be held in said territory in accordance with Section 101, Title 22, Delaware Code. Said resolution shall specify the date of such election and shall be published in a newspaper of general circulation in the Town of Dagsboro at least two weeks prior to the day of the such election.

The special election shall be conducted by the election officers of the district embracing the territory to be included. The ballots shall briefly describe the territory to be included and shall provide two boxes on which appear, on one box, the words "For inclusion within the Town Limits of Dagsboro" and on the other box "Against inclusion within the Town Limits of Dagsboro".

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

Approved May 4, 1959.