Delaware General Assembly


CHAPTER 567

SUBURBAN PARK COMMUNITY

AN ACT TO AMEND CHAPTER 6, TITLE 9, DELAWARE CODE, RELATING TO SUBURBAN PARK COMMUNITY AND ELECTION, AND COUNTY BONDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 626 (b), Chapter 6, Title 9, Delaware Code, is amended by striking the words "Thirty days" as they appear on next to the last line of said subsection (b) and by substituting in lieu thereof the words "Sixty days".

Section 2. § 629, Chapter 6, Title 9, Delaware Code, is amended to read as follows:

§ 629. Limitation on cost of park and improvements

If the estimated cost of the park or recreation area and improvements submitted by the Commission shall exceed five (5) per cent of the total assessed value of all real property and improvements in said suburban park community, as reflected by the books of the Board of Assessment for the County, then the Levy Court shall not be authorized to proceed under this chapter.

Section 3. § 630 (a), Chapter 6, Title 9, Delaware Code, is amended by striking the word "complete" as it appears in the second line of said subsection (a).

Section 4. § 630, Chapter 6, Title 9, Delaware Code, is amended by adding a new subsection to said section to be known as subsection (c).

(c) Every citizen who resides in the proposed suburban park community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the proposed suburban park community is a part, at a general election, if such general election were held on the day of such election in the proposed suburban park community, may vote at such election whether or not he is at the time a registered voter.

Section 5. § 631, Chapter 6, Title 9, Delaware Code, is amended to read as follows :

§ 631. Notice of election

Notice of the time and place of such election shall be published at least fifteen (15) days before the date of election in a newspaper of general circulation in the proposed suburban park community and be posted at not less than four (4) conspicuous public places in the proposed suburban park community. The notice shall state that the purpose of the election is to determine whether a majority of the Legal Voters resident in said community is in favor of the issuance of bonds by the Levy Court to cover the total cost for the acquisition of the park or recreation area and of the improvements contemplated. The notice shall contain a brief description of the proposed improvements and shall also state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year for the payment of the principal of such bonds and the interest thereon computed at such maximum rate.

Section 6. § 632, Chapter 6, Title 9, Delaware Code, is amended to read as follows :

§ 0. Place of holding election; times; manner of voting

The Election shall be held at such place in the proposed suburban park community as the Levy Court shall designate and the polls shall be open from nine o'clock A. M. to seven-thirty o'clock P. M. of the day of the election. The Voting shall be by printed ballot, which shall give the Voter an opportunity clearly to indicate his consent or objection to the issuance of bonds for the improvement contemplated. Such printed ballot shall state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount of such bonds payable in each fiscal year, and shall set

forth the aggregate amount required to be raised by tax in each fiscal year for the payment of the principal of such bonds and the interest thereon computed at such maximum rate. A majority of votes cast shall decide the matter. The Clerk of the Levy Court shall act as Judge of the Election.

Section 7. § 650 (a), Chapter 6, Title. 9, Delaware Code, is amended by striking the words "New Castle County" from the ninth line of said subsection (a) and by substituting in lieu thereof the word "County".

Approved February 29, 1956.