CHAPTER 146

FORMERLY

SENATE BILL NO. 274

AN ACT TO AMEND AN ACT TO REINCORPORATE THE TOWN OF SMYRNA" CHAPTER 339, VOLUME 62, LAWS OF DELAWARE, RELATING TO FILLING VACANCIES ON THE TOWN COUNCIL AND AUTHORIZING THE IMPOSITION, 8Y ORDINANCE, OF A REAL ESTATE TRANSFER TAX UP TO ONE PERCENT (1%) OF THE VALUE OF THE PROPERTY TRANSFERRED.

BE IT ENACTED 8Y 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(f)(1) of Chapter 339, Volume 62, Laws of Delaware, as amended, by striking said subparagraph (1) in its entirety and substituting In lieu thereof a new subparagraph (1) to read as follows:

"(1) Filling Vacancies on Council

In case of a vacancy among the Council members, the remaining Council members and Mayor may elect another qualified person to fill that vacant seat until the next ensuing regular municipal election. At such election, the qualified voters of the Town shall elect a qualified candidate to fill the seat for the remainder of the original term."

Section 2. Amend Section 2(b) of Chapter 339, Volume 62, Laws of Delaware, as amended, by adding thereto a new paragraph (36) to read as follows:

"(36) The Town Council may, by ordinance, establish and collect a realty transfer tax not to exceed the rate of one percent (1%) of the value of the property conveyed in conformance with the definitions and exceptions governing the Delaware State Realty Transfer Tax as contained within Chapter 54, Title 30, Del. C. of 1974, and all amendments heretofore or hereafter adopted."

Approved July 19, 1989.