CHAPTER 352

FORMERLY HOUSE

BILL NO. 598

AN ACT TO AMEND "AN ACT TO REINCORPORATE THE TOWN OF BOWERS, BEING CHAPTER 297, VOLUME 53, LAWS OF DELAWARE, BY CHANGING THE DATE AND TIME OF ELECTION, PROVIDING FOR THE ELECTION OF THE MAYOR, BY CHANGING THE QUALIFICATIONS OF VOTERS, BY PRESCRIBING THE DUTIES OF VICE MAYOR, BY AUTHORIZING THE USE OF THE KENT COUNTY ASSESSMENT LIST, AND BY REPEALING THE REQUIREMENT OF POSTING A LIST OF DELINQUENT TAXPAYERS."

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members of each house concurring therein):

Section 1. Subsection (3) (a) of Chapter 279, Volume 53, Laws of Delaware, is amended to read:

(a) Town Council and Mayor

The Government of the Town of Bowers and the exercise of all powers conferred by this Charter except as otherwise provided herein shall be vested in a Town Council, consisting of four members and a Mayor, to be chosen for two-year terms as hereinafter provided. They shall serve without compensation. Each of the four councilmen and the Mayor shall be above the age of twenty-one years, a non-delinquent taxable of said Town and at the time of his election and during his term of office, a resident of the Town. The Mayor shall have all the powers of a councilman and whenever the word "council" is used herein it shall include the Mayor. If at any time during the terms of the said councilmen or mayor they fail to comply with the aforesaid residence requirements, they shall ipso facto vacate their office.

Section 2. Subsection 4 (a) of Chapter 279, Volume 53, Laws of Delaware, is amended to read:

(a) Terms

Two of the Councilmen shall be elected for the term of two years each, in every even numbered year and two of the Councilmen shall be elected for the term of two years each in every odd numbered year. The Mayor shall be elected for a two-year term in every even numbered year. The members of the Council shall serve until their successors are duly elected and qualified. Councilmen holding office at the time of the enactment of this subsection shall continue to hold office until the expiration of their terms.

Section 3. Subsection 4(b) of Chapter 279, Volume 53, Laws of Delaware, is amended to insert the words "or Mayor" in after the word "council" in Line 1.

Section 4. Subsection 5 (a) of Chapter 279, Volume 53, Laws of Delaware, is amended by inserting the words "or Mayor" after "councilman" as it appears in line 1 and line 6.

Section 5. Subsection 6(a) of Chapter 279, Volume 53, Laws of Delaware, is amended by deleting the words "the first Monday in the month of March from 1:00 o'clock P.M. until 4:00 o'clock P.M." as they appear on lines 2 and 3 and substituting in lieu thereof the words "the first Saturday in August from 2:00 o'clock P.M. until 7:00 o'clock P.M." and by adding a sentence at the end of the subsection to read: "In the event voting machines are required, the ballots shall be prepared in accordance with the election laws of the State of Delaware."

Section 6. Subsection 6(c) of Chapter 279, Volume 53, Laws of Delaware, is amended to read:

"at such election every person, male or female, above the age of 18 years who shall have been a bona-fide resident of the Town of Bowers for at least thirty days immediately preceding any such election or whoever not being a resident of the town is a real property owner and in the town shall have one vote. All votes shall be offered in person."

Section 7. Subsection 6 (d) of Chapter 279, Volume 53, Laws of Delaware, is repealed.

Section 8. Subsection 7 (a) is amended deleting the words "a Mayor" as they appear on line 7 and by adding a sentence at the end of the subsection to read "The Vice-Mayor shall exercise the powers and duties of the Mayor in his absence or disability."

Section 9. Subsection 16 (a) of Chapter 279, Volume 53, Laws of Delaware, is amended by adding a last sentence to read as follows:

"In preparing the assessment list as foresaid, it shall be lawful for the assessor to adopt the Kent County assessment."

Section 10. Subsection 16 (g) of Chapter 279, Volume 53, Laws of Delaware, is amended by repealing the first sentence thereof.

Approved February 8, 1972.