Delaware General Assembly


CHAPTER 96

FORMERLY

SENATE BILL NO. 133

AN ACT TO AMEND CHAPTER 466, VOLUME 72, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF LEIPSIC", RELATING TO ANNEXATION.

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 Chapter 466, Volume 72, Laws of Delaware, by striking subsections (c), (d), and (e) of “Article l.3 – Annexation”, in their entirety and by substituting in lieu thereof, the following:

“(c) If the resolution on the proposed annexation is approved by Council, the question of annexation shall be submitted (1) to the residents of the territory proposed to be included in the Town of Leipsic, and (2) to the citizens of Leipsic.

(d) If a majority of the votes cast in the election, both of the residents of the territory proposed to be annexed, and of the citizens of Leipsic voting, shall be in favor of the inclusion of that territory, the Council may adopt a resolution annexing said territory and including the same within the limits of the Town of Leipsic. Upon the adoption of said resolution, a copy thereof and a plot of the area annexed shall be filed forthwith for record with the Office of the Recorder of Deeds in Dover and the area so annexed shall for all purposes thenceforth be part of the Town of Leipsic.

(e) If a majority of the votes cast in the election, either of the territory, or of the residents of Leipsic, shall be against the inclusion of that territory within the Town of Leipsic, the proposed annexation of said territory shall be declared to have failed. Nothing in this section shall prohibit Council from resubmitting a proposal of annexation to the voters of said territory, or any portion thereof, under the authority of this section and in accordance with the provisions thereof.”

Approved June 30, 2005