CHAPTER 59

FORMERLY

HOUSE BILL NO. 172

AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABI SHING A NEW CHARTER THEREFORE AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH".

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 subsection (a) of Section 4, Chapter 197, Volume 54, Laws of Delaware, as amended by Volume 61, Laws of Delaware, Chapter 5B, as amended by Volume 62, Laws of Delaware, Chapter 4, by striking subsection (a) in its entirety and substituting in lieu thereof the following new subsection (a) to read as follows:

"(a) The present Commissioners and Mayor now serving at the date of this amendment shall continue to serve as the Commissioners and Mayor of Rehoboth Beach from and after passage of this amendment until their successors are duly elected. At the annual election held on the second Saturday in August 1987, in accordance with Sections 6 and 7 of the Charter, three Commissioners and the Mayor shall be elected. The term of office for the person elected Mayor shall be for three years. The term of office for the two persons receiving the highest number of votes for Commissioner shall be for three years while the third person elected Commissioner shall initially serve a two year term but such position shall be for a three year term when voted upon after the expiration of its initial two year term. At the annual election held on the second Saturday of August in 19BB in accordance with Section 6 and 7 of this Charter three Commissioners shall be elected. The term of office for the two persons receiving the highest number of votes for Commissioner shall be for three years while the third person elected Commissioner shall initially serve a one year term but such position shall be for a three year term when voted upon after the expiration of its initial one year term."

Section 2. Amend subsection (a) of Section 5, Chapter 197, Volume 54, Laws of Delaware, as amended, by striking the words for a two year term" as they appear therein and by substituting in lieu thereof the words "for a three year term".

Section 3. Amend subsection (b) of Section 7, Chapter 197, Volume 54, Laws of Delaware, as amended by Volume 55, Laws of Delaware, Chapter 70, by adding the following sentence at the end thereof: "Where voting machines or electronic voting devices are used the procedures set out at 15 Delaware Code, Chapter 50 and 50-A shall be followed."

Section 4. Amend subsection (e) of Section 7, Chapter 197, Volume 54, Laws of Delaware, as amended, by deleting subsection (e) and substituting in lieu thereof a new subsection (e) to read as follows:

"(e) In the event of a challenge to the identity or qualifications of a voter, the Election Board shall by a majority vote determine the matter in accordance with the procedures used for State elections as currently found at 15 Delaware Code Ch. 49."

Section 5. Amend subsection (a) of Section 9, Chapter 197, Volume 54, Laws of Delaware, as amended by Volume 56, Laws of Delaware, Chapter 61, by adding the following sentence at the end thereof: The Board of Commissioners of Rehoboth Beach may change the date of any regular meeting of the Commissioners of Rehoboth Beach by giving public notice thereof at least seven days in advance, such notice to include, but not be limited to, conspicuous posting of said notice at the City office."

Section 6. Amend subsection (b) of Section 41-A, Chapter 197, Volume 54, Laws of Delaware, as amended by Volume 60, Laws of Delaware, Chapter 121, by striking subsection (b) of Section 41-A in its entirety and by substituting in lieu thereof a new subsection (b) to read as follows:

"(b) A Referendum Petition, signed by persons registered on the corporate 'Books of Registered Voters' of the City of Rehoboth Beach as prescribed in this Charter equal in number to at least forty percent (40%) of the total number of voters who voted in the Annual Municipal Election next preceding the execution of the Referendum Petition with the local address of the person so signing, or three hundred (300) such persons as aforesaid, whichever is greater, shall be presented to the Commissioners of Rehoboth Beach at the next regular meeting of the Commissioners of Rehoboth Beach following adoption of the ordinance sought to be reconsidered. Eachcopy of such petition shall contain and have attached thereto throughout its circulation the full text of the ordinance sought to be reconsidered."

Approved June 29, 1987.