CHAPTER 339

FORMERLY

HOUSE BILL NO. 562

AN ACT TO AMEND THE CHARTER OF THE TOWN OF ODESSA, CHAPTER 141, VOLUME 68, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF ODESSA", TO CLARIFY AND CORRECT SECTIONS OF THE CHARTER; TO UPDATE THE TOWNS EXISTING REGULATORY AUTHORITY, TO PROVIDE FOR SPECIAL REQUIREMENTS TO SELL OR TRANSFER THE OLD ACADEMY BUILDING; TO PROVIDE WRITTEN WAIVER OF NOTICE BY ELECTRONIC MAIL; TO DESIGNATE THE TOWN'S FISCAL YEAR; AND TO PROVIDE FOR AN ANNUAL AUDIT.

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 4.2.2 (c) by inserting the phrase “sidewalks, curbs, gutters, storm sewers, drains,” between the word “streets,” and the word “squares.” as they appear therein.

Section 2. Amend Section 4.2.2 (e) by inserting the word “public” between the “(e)” and the word “water” as they appear therein.

Section 3. Amend Section 4.2.3 by designating the existing Section 4.2.3 as Section 4.2.3 (a) and by adding a new SubSection (b) as follows:

“(b) the power to sell or transfer in subsection 4.2.3 (a) shall be specifically limited as follows:

The Old Academy Building located at 315 Main Street shall not be sold or otherwise transferred unless the following conditions are met:

(i) if the town of Odessa in dire necessity offers for sale or transfer the property at 315 Main Street, the offer to sell or transfer the property shall first be approved by ordinance by Mayor and Council;

(ii) On approval by ordinance to sell or transfer the property, Mayor and Council shall provide a vote by referendum for the town’s qualified registered voters. Approval by ninety per cent (90%) of the qualified registered voters, voting in the town of Odessa referendum, shall be required to sell or transfer the property at 315 Main Street. The Mayor and Council sponsored referendum shall follow the procedure outlined in Section 21.6 (b), 21.6 (c), 21.6 (d) and 21.6 (e).

Section 4. Amend Section 4.2.7 (a) by inserting the phrase “sidewalk, square, lane, storm sewer, between “alley” and “waterway” as they appear therein.

Section 5. Amend Section 4.2.7 (c) by inserting the phrase “, curbs, gutter,” between the words “sidewalk” and “or” as they appear therein.

Section 6. Amend Section 4.2.9 by inserting the phrase “sidewalks, alleys, lanes,” between the words “streets, “ and “avenues.” as they appear therein.

Section 7. Amend Section 4.2.11 (a) by inserting the word “public” between the words “of” and “wells” as they appear therein.

Section 8. Amend Section 4.2.13 by inserting the phrase “sidewalks, lanes” between the words “alleys,” and “, waterways” as they appear therein.

Section 9. Amend Section 4.2.14 by deleting the space between the words “gun” and “powder” as they appear therein to change the words “gun powder” to “gunpowder”.

Section 10. Amend Section 4.2.14 by deleting the word “over” between the words “chimney,” and “broiler” and inserting the word “oven” in lieu thereof.

Section 11. Amend Section 4.2.18 by inserting the word “sidewalks,” between the words “streets,” and “highways” as they appear therein.

Section 12. Amend Section 4.2.19 by deleting the phrase “U. S. Cost” between the words “with” and “Guard” and inserting in lieu thereof the phrase “United States Coast”.

Section 13. Amend Section 4. 2. 20 by inserting the word “sidewalk,” between the words “streets,” and “highways” as they appear therein.

Section 14. Amend Section 4.2.21 by inserting the phrase “spear guns, paint ball guns,” between the words “guns,” and “air” as they appear therein.

Section 15. Amend Section 7.8.1 by deleting the number “24” and inserting the phrase “twenty-four (24)” in lieu thereof.

Section 16. Amend Section 7.8.1 by deleting the number “60” and inserting the phrase “sixty (60)” in lieu thereof.

Section 17. Amend Section 7.8.2 by deleting the number “90” and inserting the phrase “ninety (90)” in lieu thereof wherever it appears therein.

Section 18. Amend Section 7.9.1 by deleting the number “11” and inserting the phrase “eleven (11)” in lieu thereof as it appears therein.

Section 19. Amend Section 7.9.2 by deleting the word “council” and inserting the word “Council” in lieu thereof as it appears therein.

Section 20. Amend Section 7.9.2 by inserting in the second sentence the number “(7)” between the words “seven” and “days” as they appear therein.

Section 21. Amend Section 7.9.2 by inserting in the third sentence the phrase “electronic mail” between the words “written,” and “telegraphic” as they appear therein.

Section 22. Amend Section 15 by deleting the phrase “ 15. Biannual Audit” and inserting the phrase “15. Fiscal Year and Annual Audit” in lieu thereof and inserting the subheading “15.2. Annual Audit” before the existing text in Section 15.

Section 23. Amend Section 15 by inserting a new “Section 15.1. Fiscal Year.” to read as follows:

“Section 15.1. Fiscal Year. The fiscal year of the Town of Odessa shall be from July 1st to June 30th.”

Section 24. Amend the current Section 15 which is now renumbered as Section 15.2 by deleting the phrase “two years and when a different Treasurer is elected or appointed,” after the word “every” as it appears therein and inserting the word “year” in lieu thereof.

Section 25. Amend Section 18.1 by inserting the phrase “, sidewalks” between the words “crosswalks” and “and” as they appear therein.

Section 26. Amend Section 18.8 by deleting the word “be” between the words “property” and “dissatisfied” as they appear therein and inserting the word “insert “is” in lieu thereof.

Section 27. Amend Section 19 by inserting the word “Public” between the number “19.” and the word “Water” as they appear therein.

Section 28. Amend Section 19 in the second sentence by deleting the word “erest” and inserting the word “erect” in lieu thereof.

Section 29. Amend Section 19 in the second sentence by inserting the word “public” between the words “control” and “wells” as they appear therein.

Section 30. Amend Section 21.6 in the third sentence by deleting the word “be” between the words “not” and “be” and inserting the word “to” in lieu thereof.

Approved June 23,2000