CHAPTER 259

FORMERLY

HOUSE BILL NO. 687

AN ACT TO AMEND AN ACT BEING CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED ENTITLED "AN ACT AMENDING, REVISING AND\CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" TO CHANGE THE VOTING PROCEDURE IN ANNEXATION ELECTIONS, TO CHANGE THE TIME WHEN TAX APPEALS ARE HEARD, AND TO CHANGE THE VOTING PROCEDURE IN ELECTIONS AUTHORIZING THE ISSUING OF BONDS.

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 (e), Section 2, Chapter 42, Volume 53, Laws of Delaware, as amended, is further amended by striking all of said subsection and substituting a new subsection (e) to read as follows:

"(e) At the Special Election, every property owner, whether individual, partnership or corporation both in The City of Seaford and in the territory proposed to be annexed shall have one vote. Every citizen of The City of Seaford or of the territory proposed to be annexed over the age of eighteen years who is not a property owner shall have one vote. In the case of property owned by husband and wife jointly, the husband and wife shall each have one vote. In the event that a person owns property both in The City of Seaford and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property in The City of Seaford and in the territory proposed to be annexed but does not reside in either place, he may vote only in The City of Seaford and not in the territory proposed to be annexed. The books and records of The City of Seaford in the case of property owners and citizens of The City and the books and records of the Board of Assessment of Sussex County in the case of property and residents of the territory proposed to be annexed shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election."

Section 2. Subsection (f), Section 25, Chapter 42, Volume 53, Laws of Delaware, as amended, is further amended by striking the first sentence of said subsection and substituting a new first sentence as follows:

"At the first regular meeting following the expiration of the ten-day period required for posting, the City Council, between the hours of eight o'clock in the evening, prevailing time, and ten o'clock in the evening, prevailing time, on said day, shall sit and determine any appeals from the assessment as determined by the Tax Assessor and shall make any corrections, alterations or additions in and to any assessment so made."

Section 3. Subsection (e), Section 35, Chapter 42, Volume 53, Laws of Delaware, as amended, is further amended by striking all of said subsection and substituting a new subsection as follows:

"(e) At the Special Election, every owner of property, whether

an individual, partnership or corporation, shall have one vote

and every person who is a bona fide resident of The City of Seaford, but who is not an owner of property within the corporate limits of The City of Seaford shall have one vote. All votes may be cast either in person or by proxy. Any Special Election held pursuant to the provisions of this Section may be conducted by paper ballot and without the use of voting machines."

Approved May 1, 1978.