CHAPTER 317

FORMERLY

HOUSE BILL NO. 401

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND AN ACT, BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO PROVIDE FOR THE ORGANIZATIONAL MEETING OF THE COMMISSIONERS OF HENLOPEN ACRES, TO PROVIDE FOR THE SELECTION OF OFFICERS, TO PROVIDE FOR A TOWN MEETING, TO PROVIDE FOR THE APPOINTMENT OF A TOWN CLERK, TO PROVIDE FOR THE PAYMENT OF A TOWN CLERK, TO PROVIDE FOR THE APPOINTMENT OF A TREASURER, TO PROVIDE FOR THE BOND OF THE TREASURER, AND TO PROVIDE FOR THE APPOINTMENT OF AUDITORS OF ACCOUNTS AND TO PROVIDE FOR REPORTS AT REGULAR MEETINGS.

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. Subsection (a), Section 8, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said subsection (a) and substituting in lieu thereof a new subsection (a) to read as follows:

(a) An organization meeting of the Commissioners of Henlopen Acres shall be held within three days following the annual election at the usual place for holding meetings of the Commissioners of Henlopen Acres. The newly elected Commissioners shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace or by holding-over member of the Commissioners. At the organization meeting the Commissioners elected shall elect one of the Commissioners as the presiding officer of Commissioners of Henlopen Acres for the term of one year. If the Commissioners are unable to elect one of their number as a presiding officer then such officer shall be chosen for the Commissioners by lot by the Commissioners. The presiding officer shall be called the "Mayor".

Section 2. Subsection (b), Section 8, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said subsection (b) and substituting in lieu thereof a new subsection (b) to read as follows:

(b) At the organization meeting the Commissioners shall select a Secretary from their own number to serve for one year. They may also choose an Assistant Secretary to serve as aforesaid, and such other officers and employees as may be determined to be necessary.

Section 3. Subsection (b), Section 11, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "monthly" as the same appears on said Subsection.

Section 4. Subsection (a), Section 15, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end of said Subsection a new sentence to read as follows:

"The Town Clerk shall hold office at the pleasure of the Commissioners for an indefinite term and may be removed by a majority vote of the Commissioners with or without cause."

Section 5. Subsection (d), Section 15, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "payable in twelve installments" as the same appears in said Subsection.

Section 6. Subsection (a), Section 16, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection and substituting in lieu thereof a new subsection (a) to read as follows:

(a) A Treasurer of the Town of Henlopen Acres shall be appointed by the Town Commissioners of Henlopen Acres at their organization meeting hereinbefore provided. He shall hold his office for the term of one year from the date of his appointment at such organization meeting or if he be appointed to fulfill an unexpired term, his appointment shall expire one year from the date of the organization meeting immediately preceding his appointment.

Section 7. Subsection (d), Section 16, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the figures "$25,000.00" as the same appears in said Subsection and substituting in lieu thereof the words "in such amount as is determined by the Commissioners."

Section 8. Subsection (g), Section 16, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the word "monthly" as it appears in said subsection.

Section 9. Subsection (a), Section 17, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "each annual meeting hereinbefore provided" and substituting in lieu thereof the words "their regular meeting held in October".

Section 10. Subsection (a), Section 22, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out the words "At the regular meeting in January" and substituting in lieu thereof the words "Not later than July 10 of each year".

Section 11. Subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of said Subsection (d) and substituting in lieu thereof the following:

(d) Immediately after the determination of the total amount necessary to be raised by the Town to meet all fixed and anticipated expenses and obligations of the Town including reasonable and appropriate reserves as hereinbefore provided, the Town Commissioners shall make, or cause to be made, a full, true and correct annual tax list showing the amount of tax levied against each taxable thereon from sources mentioned above. This list shall be known as the Annual Tax List of the Town of Henlopen Acres. In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate per $100.00 of assessed value thereof.

Section 12. Subsection (b), Section 28, Chapter 504, Volume 57, Laws of Delaware, as amended, is hereby further amended by striking out the word "monthly" as it appears in said subsection.

Section 13. Subsection (c) Section 23, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the phrase "at and from the time of delivery of the tax list to the Town Clerk" as the same appears therein and substitute in lieu thereof the following:

"on and from the first day of the Fiscal Year of the Town of Henlopen Acres as herein provided in Subsection 25 (a)".

Approved February 6, 1976