SENATE BILL NO. 254
AN ACT TO REPEAL CHAPTER 314, VOLUME 49, LAWS OF DELAWARE: AND TO REPEAL CHAPTER 136, VOLUME 52, LAWS OF DELAWARE, AND TO AMEND THE CHARTER OF THE CITY OF DOVER, CHAPTER 158, VOLUME 36, LAWS OF DELAWARE ENTITLED "AN ACT CHANGING THE NAME OF THE TOWN OF DOVER TO THE CITY OF DOVER AND ESTABLISHING A CHARTER THEREFORE" AND TO ABOLISH THE WEIGHTED VOTING PROVISIONS FOR AN ANNEXATION REFERENDUM AND TO APPLY THE ONE-MAN ONE-VOTE PRINCIPAL TO SAID ANNEXATION ELECTION.
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. Chapter 314, Volume 49, Laws of
Delaware is hereby repealed.
Section 2. Chapter 136, Volume 52, Laws of
Delaware is hereby repealed.
Section 3. Amend the Charter of the City of Dover
(Chapter 158, Volume 36, Laws of Delaware) by adding after Section 1 thereof a new section to read as follows:
Section 1A. The City of Dover is hereby authorized
and empowered to extend its boundaries as hereinafter provided.
of territory or territories within the limits of The City of Dover and calling for a special election to be held in said territory or territories in accordance with Title 22, Chapter 1, Section 101, Delaware Code insofar as applicable. Said Resolution shall contain a description of the territory or territories proposed to be annexed and shall specify the date of such election, which shall be not less than thirty nor more than sixty days after the adoption of said resolution, and the place or places of said election. Said resolution shall be published in at least two issues of a newspaper of general circulation within the City of Dover at least two weeks prior to the day of said election.
Elections may be held in more than one of said territories on the same day, but the said elections shall be separate; only the votes of qualified voters of a territory as herein described shall be counted in the election to determine whether the territory shall be annexed.
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 eighteen years of age or upwards 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 person who is the 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. Owners of real estate in common shall be entitled to one vote each. Life tenants shall be entitled to one vote each but the holders of the remainder interest or similar interest subject to the life estate shall not be entitled to vote. Corporations, firms or associations shall be entitled to one vote, the same as private persons.
ballots for any such election and shall bear the cost of holding such election. The ballots shall briefly indicate the territory proposed to be included and shall provide two boxes on the ballot beside which shall appear the words "FOR inclusion within The City of Dover". and "AGAINST inclusion within The City of Dover". Each voter shall indicate his preference by making a mark in pencil within the box beside the words expressing his preference.
At any such election the polls shall be open from one o'clock P.M. to seven o'clock P.M. When the polls are closed the election officers shall publicly count the votes and forthwith certify to the Clerk of the Council the number of votes cast for and against inclusion within the City limits. At the next regular or special meeting of the Council the Mayor and Council shall receive the results of the election and make the same a part of the minutes of said meeting.
If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of The City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified by the Clerk of Council and a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County, and the area so annexed shall for all purposes thenceforth be part of The City of Dover.
If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion of that territory within the limits of The City of Dover, the proposed annexation of said territory shall be declared to have failed. Nothing in this Act shall prohibit Council from resubmitting a proposal of annexation to the voters of said territory, or any portion thereof, under the authority of this Section and in accordance with the provisions thereof.
Approved January 20, 1976