CHAPTER 83

FORMERLY

SENATE BILL NO. 251

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO REINCORPORATE THE TOWN OF MILTON", BEING CHAPTER 501, VOLUME 61, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 265, VOLUME 64, AND CHAPTER 266, VOLUME 65, LAWS OF DELAWARE, BY GRANTING AUTHORITY TO THE TOWN OF MILTON TO LEVY TAX ON TRANSFERS OF REAL ESTATE WITHIN THE TOWN OF MILTON; BY EXTENDING THE HOURS IN WHICH VOTES MAY BE CAST WITH RESPECT TO THE ANNUAL MUNICIPAL ELECTION AND BY ALSO PROVIDING FOR ABSENTEE VOTING; BY CHANGING THE PAY THE MAYOR AND COUNCILMEN MAY RECEIVE FOR ATTENDANCE AT MEETINGS; AND BY ELIMINATING THE FORMAL PROCEEDINGS CONCERNING THE TERMINATION OF THE TOWN CLERK'S EMPLOYMENT.

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 29(a), Chapter 501, Volume 61, Laws of Delaware, as amended by Chapter 265, Volume 64, and Chapter 266, Volume 65, Laws of Delaware, by adding a new subparagraph, designated as (31) and then renumbering as (32) the previously existing subparagraph (31) and thereafter renumbering the remaining subparagraphs to reflect the addition of such additional subparagraph to read as follows:

"(31) To levy and collect taxes upon the transfer of real property or any interest in real property situate within the corporate limits of the Town of Milton, regardless of where the instruments making the transfers are made, executed or delivered or where the actual settlements on such transfers occur; provided however, that no tax levied under this Section shall exceed fifty percent (50%) of any tax levied by the State of Delaware upon the same property; and provided further, that no tax shall be levied upon an organization exempted from ad valorem real estate taxes."

Section 2. Amend Section 7(a), Chapter 501, Volume 61, Laws of Delaware, as amended by Chapter 265, Volume 64, and Chapter 266, Volume 65, Laws of Delaware, by striking said subparagraph and inserting in lieu thereof a new sub-paragraph to read as follows:

"a. The annual municipal election shall be held at a place designated by the Town Council within the corporate limits of the Town of Milton on the first Saturday in March of each and every year from 10:00 a.m., prevailing time, until 6:00 p.m., prevailing time."

Section 3. Amend Section 7(i), Chapter 501, Volume 61, Laws of Delaware, as amended by Chapter 265, Volume 64, and Chapter 266, Volume 65, Laws of Delaware by striking said sub-section in its entirety and substituting in lieu thereof the following:

"(1) All votes offered in the annual municipal election shall be offered in person or by absentee vote submitted in accordance with rules and procedures governing absentee ballots as set forth in the ordinances of the Town of Milton."

Section 4. Amend Section 9(b), Chapter 501, Volume 61, Laws of Delaware, as amended by Chapter 265, Volume 64, and Chapter 266, Volume 65, Laws of Delaware, by striking said sub-section in its entirety and substituting in lieu thereof the following:

"(b). The Mayor may be paid up to $30.00 for each regular monthly meeting attended by him/her and there shall be no compensation for Special Meetings attended by him/her. Each member of the Town Council may be paid up to $30.00 for each regular monthly meeting attended by such councilman and there shall be no pay for any special meetings attended by such councilman. The Mayor and the members of the Town Council shall receive no other compensation for their services but shall receive an allowance for every mile necessarily driven in his or her private automobile to be the same as that assessed by the Sheriff of Sussex County for the serving of papers, and shall be reimbursed for expenses necessarily incurred while on the business of the Town, provided a voucher for such expenses is delivered to the town treasurer."

Section 5. Amend Section 19(c), Chapter 501, Volume 61, Laws of Delaware, as amended by Chapter 265, Volume 64, and Chapter 266, Volume 65, Laws of Delaware, by striking after the first sentence of Section 19(c) and the remainder of said subsection.

Approved July 7, 1989.