CHAPTER 438

FORMERLY

HOUSE BILL NO. 730

AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, RELATING TO THE CHARTER OF THE CITY OF REHOBOTH BEACH; AND PROVIDING FOR CERTAIN CHANGES IN THE STRUCTURE OF GOVERNMENT.

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 3, Chapter 197, Volume 54, Laws of Delaware, by striking subsection (a), and substituting in lieu thereof the following:

"(a) The government of The City and the exercise of all power conferred by this Charter, except as otherwise provided herein, shall be vested in The Commissioners of Rehoboth Beach. The Commissioners of Rehoboth Beach shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Commissioners shall have the title of Mayor of The City of Rehoboth Beach, with duties hereinafter to be prescribed, and who shall also be President of The Commissioners of Rehoboth Beach. Each of the seven (7) Commissioners of Rehoboth Beach, at the time of the approval of his qualifications by The Commissioners as hereinafter provided or at the time of his appointment as the case may be, shall have attained the age of twenty-one (21) years of age. Not less than three of the Commissioners shall be designated resident Commissioners. A resident Commissioner shall be a bona- fide resident and domiciliary of the City. The Commissioner with the title of Mayor of the City of Rehoboth Beach shall also be a bona- fide resident and domiciliary of the City. The other three Commissioners must either have the qualifications of a resident Commissioner as defined above (i.e. a bona-fide resident and domiciliary of the City) or be a freeholder of real estate located within the City. If any of the Commissioners or the Mayor fails to retain his qualifications as aforesaid during the term of his office, he shall ipso fact. vacate his office. The Commissioners shall be judges of the qualifications of their members. For all purposes of this Charter, a "freeholder" shall be deemed to include any person who holds fee simple title to an undivided interest in real property or who holds title to real estate as a tenant by the entireties."

Approved July 3, 1986