CHAPTER 460

FORMERLY

SENATE BILL NO. 565

AN ACT TO AMEND CHAPTER 143, VOLUME 57, LAWS OF DELAWARE, ENTITLED: "AN ACT TO INCORPORATE THE TOWN OF SOUTH BETHANY".

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 eof Chapter 143, Volume 57, Laws of Delaware, as amended, by striking said Section in its entirety and substituting in lieu thereof a new section to read as follows:

"Section 2. Boundaries

The boundaries of the Town of South Bethany are hereby established and declared to be as follows:

BEGINNING at a point at the low water line of the Atlantic Ocean, at a corner of State lands; thence with the low water line of the Atlantic Ocean in a northerly direction, a distance of approximately 4,100 feet to the line of the Middlesex Development; thence in a west northwest direction with the line of the Middlesex Development to a common corner for Middlesex and South Bethany, and a point on the westerly side of Pine Road; thence by and with the westerly side of Pine Road N 08° 23' 19" E, 271.93 feet to a point, said point being a corner for these lands and lands of South Bethany Recreational Association, Inc., thence leaving the westerly side of Pine Road, and by and with lands of South Bethany Recreational Association, Inc., the following two (2) courses and distances, N. 81° 37' 31" W, 237.39 feet to a point; thence N 08° 20' 11" E, 292.10 feet to a point being a corner of these lands and lands of South Bethany Recreational Association, Inc. and being situate on the south side of Route #361; thence by and with Route #361 5 79° 19' 04" W, 126.53 feet to a point; thence S 84° 14' 46" W 287.50 feet to a point, said point being a corner of these lands and lands of Sea Colony, Inc. thence leaving said Route #361, and by and with lands of Sea Colony, Inc., S 11° 05' 02" W, 526.15 feet to a point, said point being a corner of these lands and lands of Sea Colony, Inc.; thence continuing with lands of Sea Colony, Inc., N 69* 33' 48" W, 642.01 feet to a point, said point being situate on the easterly right- of-way of the Assawoman Canal; thence continuing with same bearing the distance necessary to extend the line to the centerline of the Assawoman Canal; thence southeasterly along the center of the Assawoman Canal to the Jefferson Creek Canal; thence leaving the centerline of the Assawoman Canal and by and with the northerly low water line of Jefferson Creek Canal to a point where said low water line intersects the State lands; thence by and with the State lands, 5 60° 45' 00" E, to the point of beginning."

Section 2. Amend Section 13, Chapter 143, Volume 57, Laws of Delaware by striking Section 13 in its entirety and substituting in lieu thereof the following:

"Section 13. Compensation

Each resident Council member shall receive compensation in the amount of Ten Dollars ($10) and each non- resident Council member shall receive compensation in the amount of Twenty- five Dollars ($25) for each scheduled monthly Council meeting attended by the Council member. Any additional compensation to any Council member for special services rendered apart from monthly meetings shall be determined by the Council. The total compensation, including any additional compensation for special services, shall not exceed Two Hundred Seventy-Five Dollars ($275) per calendar year for any Council member except the Mayor and Treasurer. The Mayor and Treasurer shall receive not more than Three Hundred Seventy- Dollars ($375) per calendar year."

Section 3. Amend Section 25, Chapter 143, Volume 57, Laws of Delaware by deleting said section in its entirety and substituting in lieu thereof a new section to read as follows:

"Section 25. Business Operations

The Town of South Bethany shall have the right and power to purchase, acquire, own, maintain, or lease to or from a third party, within the corporate limits of the Town, real estate for municipal purposes for sites and rights. of- way, for public buildings, and for other municipal and general welfare purposes; and for the location, erection and maintenance thereof of public or other facilities for the purposes aforesaid."

The first paragraph to be numbered (a), the second paragraph to be numbered (b), the third paragraph to be numbered (c), and the fourth paragraph to be numbered (d), and by adding a new paragraph (e) as follows:

"(e) Real Estate Transfer Tax

(i) The Council shall have the power and authority by ordinance to levy, assess and collect or provide for the levying, assessment and collection of such taxes as shall be determined by the Council to be paid by the transferor or transferee upon the transfer of real property or any interest in real property, situate within the corporate limits of the Town of South Bethany, regardless of where the instruments making the transfers are made, executed or delivered or where the actual settlements on such transfer occur; provided, however, that no tax levied under this section shall exceed one percent (1%) of the sales price (including the value of any assumed mortgage or mortgages) or fair market value of the real property so transferred; and provided further that no tax shall be levied upon an organization exempted from ad votorem real estate taxes.

(it) No ordinance providing for a tax on the transfer of real property or any interest in real property authorized under this section shall become effective unless it receives an affirmative vote of two- thirds of all the elected members of the Council.

(iii) If the taxing power authority granted under this section shalt be exercised by way of a stamp affixed to a document presented for recording, the Recorder of Deeds in and for Sussex County shall not receive for record any documents subject to said tax unless such stamps are affixed thereto.

(iv) The council may adopt an ordinance to provide for the effective administration and regulation of any tax adopted pursuant to the provisions of this section."

Approved July 8, 1986