CHAPTER 44

FORMERLY HOUSE BILL NO. 183

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMENDED CHAPTER 5, TITLE 9 OF THE DELAWARE CODE RELATING TO SUBURBAN COMMUNITY IMPROVEMENTS WITH REGARD TO BOND ELECTIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 507, paragraph (a), Chapter 5, Title 9 of the Delaware Code, is amended by striking the word "freeholder" as the same appears in the first sentence and substituting in lieu thereof the words "citizens and real property owners."

Section 2. Section 507, paragraph (c), Chapter 5, Title 9 of the Delaware Code, is amended by striking paragraph (c) in its entirety.

Section 3. Section 508, Chapter 5, Title 9 of the Delaware Code, is amended by striking Section 508 in its entirety and inserting in lieu thereof the following:

508. Notice of election; contents of notice

Thereafter, the election shall be held at such time as may be fixed by the Levy Court or the County Council and shall be previously advertised by posting a notice, in four of the most public places within the community, at least thirty days prior thereto and by publishing a notice in a newspaper published within the County of such community and having a general circulation therein, once in each of four weeks preceding the week in which the election is held. Such notice shall state the time and place of the election, and further state that the purpose of the election is to determine whether a majority of the residents of the community and the real property owners are in favor of the issuance of bonds by the Levy Court or County Council to cover the cost of improvement or improvements contemplated. The notice shall also state the total amount of the proposed bond issue and a clear and concise description of each of the improvements

contemplated together with the estimated cost of each improvement and the total cost of all improvements.

Section 4. Section 510, paragraph (a), Chapter 5, Title 9 of the Delaware Code, is amended by striking paragraph (a) and substituting in lieu thereof the following:

(a) Every citizen who resides in the community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the community is a part at a general election if such general election were held on the day of such election in the community, and every owner of real property in the community may vote at such election, whether or not he is at the time a registered voter.

Section 5. Section 510, paragraph (b), Chapter 5; Title 9 of the Delaware Code, is amended by striking paragraph (b) and substituting in lieu thereof the following:

(b) Any real property owner who has sold his property or properties in the community subsequent to the preparation of the survey and plot made by the Highway Department shall not be permitted to vote but the then owner of the property or properties shall be entitled to vote in his place and stead upon furnishing the judge of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.

Section 6. Section 510, paragraph (c), Chapter 5, Title 9 of the Delaware Code, is amended by striking paragraph (c) and substituting in lieu thereof the following:

() Any person claiming the right to vote at the election as an heir of any real property owner in the community who has died, or as trustee or guardian under the terms of the last will and testament of any such real property owner shall furnish the judge of election with the original or a certified copy of the will or other document evidencing his ownership of, or interest in, the property of any such real property owner, and shall thereupon be entitled to vote in the place and stead of such deceased real property owner.

Section 7. Section 510, paragraph (d), Chapter 5, Title 9 of the Delaware Code, is amended by striking the first paragraph of said paragraph (d) and substituting in lieu thereof the following:

(d) Wherever the property of such deceased real property owner in the suburban community is left to joint tenants or tenants in common, the following rules shall prevail.

Approved April 28, 1971