CHAPTER 24

FORMERLY

HOUSE BILL NO. 130

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 10, TITLE 14 OF THE DELAWARE CODE RELATING TO THE SCHOOL BOARD OF THE CAPE HENLOPEN SCHOOL DISTRICT.

WHEREAS, Cape Henlopen School District is composed of several former school districts; and

WHEREAS, because of its size and geographical composition, it is believed that a more desirable representation of school board membership can best be provided by a School Board of seven (7) members rather than five (5) members as presently required.

NOW, THEREFORE,

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

Section 1. Amend subchapter III, Chapter 10, Title 14 of the Delaware Code, by adding thereto a new section, designated as §1069, which new section shall read as follows :

§ 1069. School Board for Cape Henlopen School District

Notwithstanding anything contained in this Chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of seven (7) members.

The Cape Henlopen School District is hereby divided into four (4) areas as follows :

(a) Area A—Beginning at a point on the shoreline of the Delaware Bay approximately half the distance between Shorts Beach and Broadkill Beach; thence following a Westerly direction to Primehook Creek, thence following said creek to a point at Waples Pond where that body of water flows under Route 14; thence following the center of Route 14 to its intersection with Public Road 233; thence following the center of Public Road 233 to its intersection with Route 16; thence continuing in a straight line to the Broadkill River ; thence following the Broad-kill River to the corporate limits of Milton ; thence following the corporate limits of Milton in a Southerly and Westerly direction to the point where Route 5 crosses said corporate limits; thence following the center of Route 5 for a short distance to its intersection with Public Road 249; thence following the center of Public Road 249 to the boundary line of the Cape Henlopen School District; thence following the district boundary line, first in a Westerly direction to a point where the school district boundary intersects the shore line of the Delaware Bay; thence following that shore line to the beginning point of Area A. The area described above and under Area A shall be designated as Area A.

(b) Area B—Beginning at a point on the shoreline of the Delaware Bay immediately Northerly of Route 18, thence following the center line of Route 18 to the boundary line of the Cape Henlopen School District; thence following that boundary line, first in a Northerly direction to its intersection with Public Road 249; thence following the center of Public Road 249 and the boundary of Area A as described heretofore to a point on the shore line of Delaware Bay described as the beginning point of the description of Area A; thence in an Easterly direction following said shoreline to the beginning point in the description of Area B. The area described above under Area B shall be designated Area B.

() Area C—Beginning at a point on the shoreline of the Atlantic Ocean at a point where the Southerly most boundary line of the former Military Reservation known as Fort Miles intersects said shoreline; thence following the Southerly most boundary of the former Fort Miles to the Lewes and Rehoboth Canal; thence following a straight line to the center of Public Road 271; thence following the center of that road to its intersection with Route 14; thence following the center of Route 14 to a point in Route 14 opposite the Easterly corner of Public Road 273 at a point where said public road and Route 14 intersect; thence in a direct line to an unnamed creek which empties into a cove immediately East of the Rehoboth Beach Country Club (all property fronting on Public Road 273 shall be considered to be located in Area C) ; thence in a line through Rehoboth Bay to the Cape Henlopen School District boundary line at Herring Creek; thence following the school district boundary line, first in a Westerly direction until the point where it intersects Route 18; thence following the center of Route 18 to its end near to the Delaware Bay; thence in a continuing line to said shore line and following the shoreline, first in an Easterly direction, to the tip of Cape Henlopen; thence following the shoreline of the Atlantic Ocean to a point on the shoreline where the Southerly most boundary of the former Fort Miles intersects the shoreline which was described as the beginning of the description of Area C. The area described above and under the heading Area C shall be known as Area C.

(d) Area D.—Beginning at the same point on the shoreline of the Atlantic Ocean described in Area C as the point where the Southerly most boundary of the former Fort Miles intersects the shoreline and following the description of the boundary line of Area C to a cove immediately Easterly of the Rehoboth Beach Country Club; thence in a line extending through Rehoboth Bay and around Burton Island and through Indian River Inlet; thence following the shoreline of the Atlantic Ocean to the beginning point which is that point on the shoreline where the Southerly most boundary line of the former Fort Miles intersects the ocean shoreline. The area described above shall be known as Area D.

School Board members shall be elected in the following manner :

(1) At the regular school election in 1973 the qualified electors in the school district shall choose one member who is a resident of Area A.

(2) At the regular school election in 1974 the qualified electors in the school district shall choose one member who is a resident of Area C ; one member who is a resident of the district at large and a second member who is a resident of the district at large; the term of one of the members chosen at large shall be limited to one (1) year.

(3) At the regular school election in 1975 the qualified electors in the school district shall choose one member who is a resident of Area B and one member who is a resident of the district at large.

(4) At the regular school election in 1976 the qualified electors in the school district shall choose one member who is a resident of the district at large.

(5) At the regular school election in 1977 the qualified voters shall choose one member who is a resident of Area D.

(6) All subsequent school board elections shall follow a schedule with a five-year sequence as herein listed.

1978—Elect one member who is a resident of Area A.

1979—Elect one member who is a resident of Area C and one member who is a resident of the district at large.

1980—Elect one member who is a resident of Area B and one member who is a resident of the district at large.

1981—Elect one member who is a resident of the district at large.

1982—Elect one member who is a resident of Area D.

(7) Each school board member shall be elected to a term of five (5) years except as provided in (2) when one member is elected for a one (1) year term. A further exception shall be when such election is to fill an unexpired term as provided in this Chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on the first day of July following his election.

(0) Nominations for each candidate qualified to be a school board member shall provide a declaration of intention as whether the candidate is to serve at large, if elected, or if the candidate is to serve from his legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Nominations in either case shall be by residents of the school district as provided elsewhere in this Chapter. At the election, whether by voting machine or ballot, the names of all persons properly nominated shall be listed alphabetically in appropriate groupings by Area and/or "at large". If in a given year when nominations may be made for members living in a specific area and no nominations are so made, and if during that given year a nomination may also be made for a member to serve "at large", the member "at large" living in the given Area receiving the highest number of votes shall be declared duly elected to the position of school board member ; if the same candidate should also have received the highest number of votes of all candidates nominated to serve "at large" then the person receiving the second highest number of votes shall be declared duly elected to the position "at large" in the school district. At the regular election in 1974 the member at large receiving the second highest number of votes shall be declared duly elected to the position of school board member for one (1) year. If as provided herein there is no candidate nominated to serve from Area C and a candidate at large living in Area C is declared duly elected to the position as provided herein then the person receiving the second highest number of votes following the person declared duly elected to serve to the position of "at large" member shall be declared duly elected to the position of school board member for a five (5) year term and the person receiving the third highest number of votes shall be declared duly elected to the position of school board member for a term of one (1) year.

(9) In all school board election nominations may be made and board members chosen at the election by qualified electors of the entire school district thereof.

(0) Each school board member so elected shall have those qualifications prescribed by this Chapter and shall meet any other requirements provided in this section."

Approved April 19, 1973.