CHAPTER 39

FORMERLY

SENATE BILL NO. 123

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF BETHANY BEACH AND GIVING IT AUTHORITY TO ISSUE BONDS", AS AMENDED, AND RELATING TO RESIDENCY OF COMMISSIONERS, TIME AND PLACE OF ANNUAL ELECTIONS, MEETING OF COMMISSIONERS, AUTHORITY OF COMMISSIONERS, AND AUTHORITY TO BORROW FUNDS.

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 2. Amend Section 9 of Chapter 212, Volume 25, Laws of Delaware, as

amended, by striking subsection (a) and substituting in lieu thereof the following:

"(a) Annual elections for Commissioners shall be held on the first Saturday after Labor Day at such time and place as shall be determined by the Commissioners, due notice of which shall be given by posting notices thereof in five (5) public places in the Town not less than twenty (20) days before the day of such annual election; provided, however, that in the event that there is no contest for any of the several offices to be elected in any year the polls shall not remain open more than one hour."

Section 3. Amend Section 13 of Chapter 212, Volume 25, Laws of Delaware as amended, by striking all of the said section and inserting in lieu thereof the following:

"Section 13. The said Commissioners shall provide for regular and special meetings of the Board and shall prescribe the time and place of such meetings, and the manner of calling the same. Said Commissioners may also hold adjourned meetings from time to time. The meetings of the Board shall be held in the Town of Bethany Beach."

Section 4. Amend Section 19 of Chapter 212, Volume 25, Laws of Delaware, as amended, by adding the following sentence thereto:

"The Commissioners shall also have the power and authority to locate, lay out, construct, widen, extend, improve, repair, vacate or abandon jetties, groins, bulkheads, embankments, boardwalks and piers within the limits of the Town."

Section 5. Amend Section 15 of Chapter 212, Volume 25, Laws of Delaware, as amended, by striking the sentence, "To establish a building line for buildings hereafter to be erected; provided that such building line shall not be established more than ten feet back from the front line of the lots.," and inserting in lieu thereof the following sentence:

"To establish a building line for buildings hereafter to be erected.".

Section 6. Amend Section 15 of Chapter 212, Volume 25, Laws of Delaware, as amended, by striking the last paragraph starting with the words, "The said Commissioners shall have the power to borrow money", and inserting in lieu thereof the following:

"The Commissioners shall have the power to borrow money on the full faith and credit of the Town, such sum or sums not exceeding Two Hundred Thousand Dollars ($200,000.00), for general purposes and an additional sum or sums not exceeding Nine Hundred Fifty Thousand Dollars ($950,000) for the specific purpose of improving or expanding the water plant and system, when, in the opinion of a majority of the Commissioners elected, the needs of the Town require it. Any sum or sums so borrowed shall be secured by a promissory note or notes or other indebtedness of the Commissioners duly authorized by Resolution of the Commissioners and signed by the President and attested by the Secretary of the Commissioners with the corporate seal affixed. No Commissioner shall be liable

for the payment of any such note or other indebtedness because it is signed by him as a Commissioner, provided that he is so authorized by Resolution of the Commissioners.

Any such sum of money borrowed on the full faith and credit of the Town shall be paid from the general funds of the Town. At no time shall the amount of outstanding principal from any such borrowing or borrowings exceed the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000)."

Approved May 12, 1979