CHAPTER 165

FORMERLY

HOUSE BILL NO. 398

AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, 1929, ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF DOVER' TO 'THE CITY OF DOVER' AND ESTABLISHING A CHARTER THEREFOR" BY GRANTING UNTO REAL ESTATE OWNERS WHO ARE NOT INDIVIDUALS THE RIGHT TO VOTE AT SPECIAL ELECTIONS FOR THE ANNEXATION OF REAL PROPERTY INTO THE CITY.

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

Section 1. Amend Section 1 A of the Charter, paragraph 4, by striking said section in its entirety and inserting the following in lieu thereof:

"Any such election shall be held by the election officers of the Election District or Districts of Kent County which shall include the territory proposed to be annexed. Every person who is duly registered upon the books of Registered Voters for said Election District or Districts, who is a resident of the territory proposed to be included within the limits of The City of Dover, and who does not own real estate within said territory, shall be entitled to one vote at the election to determine whether said territory shall be annexed, and every owner of real estate within a territory proposed to be included assessed to him on the assessment records of Kent County, shall be entitled to one vote for each one hundred dollars ($100.00) or fractional part thereof the assessed value of said real estate. The term 'owners of real estate' shall include individuals, partnerships, firms, corporations and other legal entities holding title to said real estate. Owners of real estate in common shall be entitled to vote according to their respective shares of the assessed value thereof. Owners of real estate by the entireties shall be entitled to vote one-half of the assessed value thereof. Owners of real estate in joint tenancy shall be entitled to vote according to the assessed value thereof, divided by the number of joint tenants. Life tenants shall be entitled to vote according to the full amount of the assessed value of real estate so held by them, and the holders of remainder or similar interests subject to a life estate shall not be entitled to vote any part of the assessed value of such real estate."

Approved July 10, 1973.