CHAPTER 69

FORMERLY

SENATE BILL NO. 139

AS AMENDED BY SENATE AMENDMENTS NOS. 2, 3 and 4

AND HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 143, VOLUME 57, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF SOUTH BETHANY".

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Amend Section 1, Chapter 143, Volume 57, Laws of Delaware, by striking the words "Commissioners of South Bethany" and by substituting in lieu thereof the following:

"Council of South Bethany".

Section 2. Amend Section 3, Chapter 143, Volume 57, Laws of Delaware, by striking all after the first sentence and by substituting in lieu thereof the following:

"Before any additional territory shall be annexed to the Town, the Council of South Bethany shall by majority vote approve such annexation."

Section 3. Amend Section 4, Chapter 143, Volume 57, Laws of Delaware, by striking said section in its entirety and by substituting in lieu thereof the following:

"Section 4. The government of the Town and the exercise of all powers conferred by this Chapter, except as otherwise provided herein, shall be vested in the Council of South Bethany which shall consist of seven Commissioners whose presiding officer shall be called 'Mayor'."

Section 4. Amend Section 5 (a), Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appear except when immediately preceded by "Town" in said subsection and by substituting in lieu thereof the word "Council".

Section 5. Amend Section 5 (b), Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" the second, third, and fourth time it appears in said subsection and substituting in lieu thereof the word "Council".

Section 6. Amend Section 6, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears in said section and by substituting in lieu thereof the word "Council".

Section 7. Amend Section 10, Chapter 143, Volume 57, Laws of Delaware, by striking the words "Commissioners of South Bethany" wherever they appear in said section and by substituting in lieu thereof the words "Council of South Bethany".

Section 8. Amend Section 10, Chapter 143, Volume 57, Laws of Delaware, by adding after the first sentence the following:

"Each candidate for such offices shall submit with such letter of certificate the sum of ten ($10.00) dollars as a fee for filing as a candidate. The Treasurer shall deposit such monies into the General Fund of the Town."

Section 9. Amend Section 11, Chapter 143, Volume 57, Laws of Delaware, by striking the words "Commissioners of South Bethany" wherever they appear and by substituting in lieu thereof the words "Council of South Bethany".

Section 10. Amend Section 12, Chapter 143, Volume 57, Laws of Delaware by striking said section in its entirety and by substituting in lieu thereof the following:

"Section 12. Meetings of the Council.

In addition to the organization meeting there shall be eleven meetings of the Council on the second Saturdays of the months of January, February, March, April, May, June, July, August, September, October and November and special meetings upon two days notice by any four of the Commissioners or the Mayor. All meetings shall be open to attendance by the public."

Section 11. Amend Section 13, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears and by substituting in lieu thereof the word "Council".

Section 12. Amend Section 14, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears and by substituting in lieu thereof the word "Council".

Section 13. Amend Section 14, Chapter 143, Volume 57, Laws of Delaware, by striking the word "their" and by substituting in lieu thereof the word "its".

Section 14. Amend Section 15, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears and by substituting in lieu thereof the word "Council".

Section 15. Amend Section 16, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" the first, second, fourth, and fifth time it appears in said section and by substituting in lieu thereof the word "council".

Section 16. Amend Sections 17, 18, 19, 20, 21, 24, 26, 27, 29, 30, 32, 33, and 34, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears and by substituting in lieu thereof the word "Council".

Section 17. Amend Section 22, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" wherever it appears in said section and by substituting in lieu thereof the word "Council".

Section 18. Amend Section 22, Chapter 143, Volume 67, Laws of Delaware, by substituting a period for the comma in the second sentence after the words "public inspection", by striking the remainder of the sentence, and by substituting in lieu thereof the following sentence:

"The Council, during its June and July meetings, shall entertain appeals from said assessments provided the appellant gives notice of appeal to the Secretary of the Town not less than fourteen days before the meeting of the Council. Such notice shall be written and shall identify the property that is the subject of such appeal."

Section 19. Amend Section 22, Chapter 143, Volume 57, Laws of Delaware, by striking the words "other Commissioners" wherever they appear in said section and by substituting in lieu thereof the words "other members of the Council".

Section 20. Amend Section 23, Chapter 143, Volume 57, Laws of Delaware, by striking the word "Commissioners" in the last sentence thereof and by substituting in lieu thereof the word "Council".

Section 21. Amend Section 30, Chapter 143, Volume 57, Laws of Delaware, by striking the following words:

"The Commissioners shall have the power by ordinance to allow credits to reduce the taxes otherwise imposed by this Section with respect to real property owned by taxpayers of low income, who are over sixty-five years of age. Such ordinance shall not be effective unless approved by a majority of the voters of the Town voting in a referendum conducted in the year prior to the year when such credits are allowed."

and by substituting in lieu thereof the following:

"The Council shall have the power by ordinance to allow credits to reduce the taxes otherwise imposed by this Section with respect to real property owned by taxpayers of low income, who have an annual adjusted gross income not exceeding $5,000 excluding Social Security and/or Railroad Pension Fund and who are over sixty-two years of age. Such ordinance shall not be effective until approved by a majority of the voters of the Town voting in a referendum."

Section 22. Amend Sections 35 and 36, Chapter 143, Volume 57, Laws of Delaware, by redesignating said sections as Sections 36 and 37.

Approved June 9,1973.