CHAPTER 361

FORMERLY

SENATE BILL NO. 373

AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO CLARIFY QUALIFICATIONS OF COMMISSIONERS AND MAYOR.

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 (c) Section 5, Qualifications of Mayor and Commissioners, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking said subsection in its entirety and substituting in lieu thereof the following:

"(1) Each shall be a bona fide resident or freeholder of the Town of Henlopen Acres. If any one of the Commissioners shall, during his term of office, cease to be a freeholder and is not a bona fide resident, that person shall be deemed to have vacated his or her office by reason of that fact alone. If any one of the Commissioners shall, during his term of office, cease to be a freeholder but is a bona fide resident or cease to be a bona fide resident but is a freeholder, that person shall be deemed to continue to be qualified for the office of Commissioner.

(2) The Commissioners shall be judges of the qualifications of their members.

(3) For purposes of this Charter, a "freeholder" shall be deemed to include any person who holds fee simple title of real property in his own name, or who holds title to an undivided interest in real property or who holds title to real estate as a tenant by the entirety."

Approved July 08, 2002