CHAPTER 319

FORMERLY

HOUSE BILL NO. 796

AN ACT TO AMEND CHAPTER 267, VOLUME 52, LAWS OF DELAWARE, RELATING TO THE TOWN OF OCEAN VIEW; AND PROVIDING FOR A TOWN COUNCIL OF FIVE MEMBERS.

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 2, Chapter 267, Volume 52, Laws of Delaware, by striking subsection (a) of said Section, and substituting in lieu thereof the following:

"(a) The government of the Town and exercise of all powers conferred by this Chapter, except as otherwise provided herein, shall be vested in a Town Council of the Town of Ocean View, to be composed of five members, one of whom shall be President of said Council, and all of whom shall be elected or chosen as hereinafter provided."

Section 2. Amend Section 2, Chapter 267, Volume 52, Laws of Delaware, by striking the word "three" as the same appears in said Section, and substituting the word "five" in lieu thereof.

Section 3. Amend Section 2, Chapter 267, Volume 52, Laws of Delaware, by striking the second paragraph of subsection (e), and substituting in lieu thereof the following:

"In two annual town elections, two persons shall be elected to the Town Council, each for a term of three years. In the annual town election immediately following the second election of two Councilmen, one person shall be elected to the Town Council for a term of three years. In any year where two or more vacancies on the Council must be filled, they shall be filled by the two or more persons receiving the highest number of votes in that election. The candidate receiving the highest number of votes at such election shall be deemed senior to the others."

Section 4. Amend Section 2, Chapter 267, Volume 52, Laws of Delaware, by adding the following paragraph to subsection (h):

"In the event only one candidate files in a year when two members are to be elected to the Town Council, such candidate shall be deemed elected in accordance with the first paragraph of this subsection. The Election Board shall determine how the remaining vacancy shall be filled; by retaining, of the two members whose terms are expiring, the one having seniority, or by any other equitable method."

Section 5. In the first Councilmanic election following signature of this Act by the Governor, and for the election only, three members shall be elected to the Town Council. One shall be to fill the vacancy created by expiring term of a present member of Council; one shall be for a new member of the Town Council, for a term of two years; and one shall be for a new member of the Town Council, who shall serve for a term of one year. Thereafter, all succeeding terms shall be for three years. If there are more than three candidates in such election, the candidate receiving the highest number of votes shall replace the incumbent member, the candidate receiving the second highest number of votes shall be elected for the two-year term, and the candidate receiving the third highest number of votes shall be elected to the one-year term.

Approved February 6, 1976