CHAPTER 332

AN ACT TO AMEND AN ACT ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED.

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. Section 2 (B), Chapter 42, Volume 53, Laws of Delaware, as amended, entitled "An Act Amending, Revising and Consolidating the Charter of the City of Seaford" is hereby amended by striking out all of said Section and substituting in lieu thereof the following:

(B) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and City Council. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the City and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexations and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed within thirty (30) days after receiving the report, a second resolution shall then be passed by the City Council proposing to the property owners and residents of both the City and the territory proposed to be annexed that the City proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the City and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds of the elected members of the City Council. If the resolution shall fail to receive the affirmative vote of two-thirds of the elected members of the City Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one year from the date that the resolution failed to receive the required affirmative vote. The second resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution adopted by the City Council setting forth the above information shall be printed in a newspaper published in the City of Seaford at least one week prior to the date set for the public hearing, or, if no newspaper is published in the City, publication shall be had in a newspaper having a general circulation both in the City and in the territory proposed to be annexed, or, at the discretion of the City Council, the said resolution shall be posted in five (5) public places both in the City and in the territory proposed to be annexed.

Section 2. Section 2 (D), Chapter 42, Volume 53, Laws of Delaware, as amended, entitled "An Act Amending, Revising and Consolidating the Charter of the City of Seaford" is hereby amended by striking out all of said Section and substituting in lieu thereof the following:

(D) The notice of the time and place of holding the said special election shall be printed within thirty (30) days immediately preceding the date of the special election in at least two (2) issues of a newspaper published in the City, or, if no newspaper is published in the City, the notice may be printed within thirty (30) days immediately preceding the date of the special election in two (2) issues of a newspaper having a general circulation in the City and in the territory proposed to be annexed, or, in the discretion of the City Council the said notice may be posted in five (5) public places both in the City and in the territory proposed to be annexed, at least fifteen (15) days prior to the date of the special election.

Approved January 26, 1962.