CHAPTER 48

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO," BEING CHAPTER 203 OF VOLUME 25, LAWS OF DELAWARE, AS AMENDED, BY AUTHORIZING THE ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY TO THE SAID TOWN.

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. That Chapter 203, Volume 25, Laws of Delaware, as amended, be, and the same is hereby amended by striking out and repealing all of Section 3, and by inserting and enacting in lieu thereof the following new section to be known as Section 3:

Section 3. The said corporation shall have power to annex certain additional contiguous territory to the present limits of the said corporation, and after such additions, the description of the town limits shall be as follows:

Beginning at a point on the northerly edge of Millsboro Mill Pond, on a line of the American Legion west property line projected across the Pond; thence South 23-1/2 degrees West to the southerly edge of the Pond, and continuing South 23-1/2 degrees West 606 feet to a point in the south right of way of State Street; thence South 55 degrees 18 minutes West 1,232 feet to a point which is 150 feet distant from the north right of way of Monroe Street; thence parallel to Monroe Street and 150' from north right of way N. 61 degrees 05 min. West 277 feet and North 51 degrees 10 minutes West 1,220 feet, crossing highway route 82 to a point 500 feet west of the west right of way measured at a right angle therefrom; thence parallel to the west right of way of Route No. 82 and 500 feet therefrom South 4 degrees West 580 feet to center of Route 82-A; South 2 degrees 45 minutes West 800 feet, and South 0 degrees 55 minutes West 2,130 feet to the center of Route No. 24; thence continuing with Route 82, now a 30 foot county road and 515 feet west of right of way line South 0 degrees 15 minutes West 500 feet and South 2 degrees East 875 feet to a point in\ the center line of Route 339 projected to this point; thence South 50 degrees East to the run, of ,Iron Branch; thence with run of Iron Branch crossing Route 113 to the center of Highway Route 334-A (Mitchell Street extended); thence with center line of Street North 22 degrees 32 minutes West 1,233 fed; thence North 23 degrees 45 minutes East 2,160 feet to the Tiger Valley Ditch; thence southeasterly and northeasterly, with the Tiger Valley Ditch around the Cemetery to the southerly edge, of Highway Route 331 (State Street Extended)_; thence with southerly edge of State Street northwesterly 1,219 feet; thence North 29 degrees 15 minutes East 462 feet to a monument at, southwest corner of Houston Street; thence with southerly line of Houston Street South 62 degrees 30 minutes East 310 feet to the edge of Indian River; thence at a right angle North 27 degrees 30 minutes East across Indian River to the north edge of the River; thence with the north edge of Indian River and of the Millsboro Mill Pond to the place of the beginning.

And extend and apply to such additional territory all laws, ordinances, resolutions in force within said town, so far as they may be locally applicable. However, before such territory shall be annexed the question of such annexation shall be first submitted at a special election to the qualified voters and real estate owners of the territory proposed to be annexed and included in the limits of said city or incorporated town at such election, after a majority of the qualified voters and real estate owners .in such territory shall vote approval to be included within the limits of said town, then and only then shall such territory be included within the limits of said town. Such special election shall be held by the proper election officers of the town of Millsboro. Each real estate owner shall be entitled to one vote for each $100 of real estate assessed to him or her on the assessment records in Sussex County. Each qualified voter not being the owner of real estate within said territory shall be entitled to one vote. If such annexation shall not be approved at the first election, a subsequent election may be held under the provisions of this Act provided that no two elections may be held within twelve months of each other.

Nothing in this Act shall be construed to require that the entire above described territory, which is made eligible for annexation, must be annexed to the Town as a whole, or, on a single occasion, for the said territory may be subdivided, and elections may be held from time to time, in accordance with the foregoing provisions, on the question of whether or not to annex some portion or portions of the above territory, without including the whole thereof.

Approved May 21, 1959.