CHAPTER 286

FORMERLY

SENATE BILL NO. 501

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

WHEREAS, because of the size and geographical composition of Milford School District, it is believed that a more desirable representation of school board membership can best be provided by a School Board of eight (8) 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 §1070 which new section shall read as follows:

§1070. School Board for Milford School District

Notwithstanding anything contained in this Chapter to the contrary, the School Board of the Milford School District shall be composed of eight (8) members. Four (4) members shall be elected at large from the reorganized Milford School District and one (1) board member shall be elected from each of the four areas 'A', 'B', 'C 'and 'D' described in sub-paragraph (1).

(1) The Milford School District is hereby divided into four (4) areas as follows:

(a) AREA 'A'

Beginning at the intersection of Roads 396 and 395 proceed S.E. along the center of Road 396 to Route 14; East along the center of Route 14 to the intersection of Route 113; North along the center of Route 113 to the point where Route 113 intersects with Swan Creek; East along the center of Swan Creek to the Mispillion River and thence along the center of the Mispillion River to the Delaware Bay. Thence follow the shore Line of Delaware Bay North to the Murderkill River; thence S.W. along the common boundary between the Milford and Lake Forest School Districts to the intersection of Roads 396 and 395.

(b) AREA 'B'

Beginning at the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts, proceed N.E. along the center of Road 594 to the intersection of Road 42; North along the center of Road 42 to a point .2 miles south of Road 207; thence due East to the Herring Branch. Follow along Herring Branch to the point where it intersects with Route 113; thence north along the center of Route 113 to the intersection of Route 14; West along the center of Route 14 to Road 396; N.W. along the center of Road 396 to the Milford-Lake Forest School District boundary. Thence follow the existing common boundary South between the Milford-Lake Forest and Woodbridge School Districts to the point where Road 594 intersects the boundary between Milford and Woodbridge School Districts.

(c) AREA 'C'

Beginning at the point where the Mispillion River enters the Delaware Bay, proceed Westward along the center of the Mispillion River to Swan Creek; West along the center of Swan Creek to the point where it intersects with Route 113; South along the center of Route 113 to the point where Route 113 intersects Herring Branch (near Lincoln); proceed along the Branch N.E. to the Milford City Line; continue following the branch East and South to a point where the branch intersects Road 211; S.E. along the center of Road 211 to Road 207 ; N.E. along the center of Road 207 to Road 30; S.E. along the center of Road 30 to the N.E. corner of Cedar Creek Millpond ; proceed east along the common boundary between the Milford and Cape Henlopen School Districts to the Delaware Bay; North along the Delaware Bay coastlines to the point where the Mispillion River enters the Bay.

(d) AREA 'D'

Beginning at the N.E. Corner of Cedar Creek Millpond proceed directly N.W. along the center of Road 30 to the point where Roads 30 and 207 intersect ; thence S.W. along the center of Road 207 to the point where Roads 207 and 211 intersect; thence N.W. along the center of Road 211 to a branch being the N.E. boundary of the James Deputy property; continue N.W. along this branch to the Milford City line; West along the city line to Herring Branch; follow Herring Branch S.W. to a point approximately .2 miles south of Road 207; thence follow a line directly West to Road 42; South along the center of Road 42 to Road 594; Southwest along the center of Road 594 to the present boundary of the reorganized Milford School District. Thence follow the existing common boundary between Milford and the Woodbridge, Indian River, and Cape Henlopen School Districts to the N.E. corner of Cedar Creek Millpond.

(2) School Board members shall be elected in the following manner:

(a) At the regular school election in 1974 the qualified electors in the school district shall choose one member who is a resident of AREA 'A' for a term of four (4) years.

(b) At the regular school election in 1974 the qualified electors in the school district shall choose one member who is a resident of AREA 'B' for a term of five (5) years.

(c) 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' for a term of two (2) years.

(d) At the regular school election in 1974 the qualified electors in the school district shall choose one member who is a resident of AREA 'D' for a term of three (3) years. (e) 'At large' board members shall be chosen in accordance with the schedule contained in subsection (3). No 'at large' board members will be chosen at the regular school election in 1974. An 'at large' board member is any resident of Milford School District who meets other qualifications for school board membership as determined elsewhere in this chapter. Area Designation is not applicable to 'at large' board members.

(3) Beginning with the regular school election in 1975, school board members shall be elected in accordance with the following schedule:

Election Designated At Large

Year Area Seats Term Seats Term

1975 None — One 5 yr.

1976 C 5 yr. One 5 yr.

1977 D 5 yr. One 5 yr.

1978 A 5 yr. One 5 yr.

1979 B 5 yr. None —

1980 None — One 5 yr.

1981 C 5 yr. One 5 yr.

1982 D 5 yr. One 5 yr.

1983 A 5 yr. One 5 yr.

1984 B 5 yr. None —

(4) 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 an area where 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.

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

(6) 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 2, 1974.