Delaware General Assembly

AN ACT TO AMEND AN ACT BEING CHAPTER 196, VOLUME 22, LAWS OF DELAWARE, ENTITLED "AN ACT TO AUTHORIZE THE COMMISSIONERS OF LEWES TO APPOINT A BOARD OF PUBLIC WORKS FOR THE TOWN OF LEWES WHICH SHALL ESTABLISH, CONTROL, AND REGULATE AN ELECTRIC LIGHT PLANT, WATER WORKS, AND A SEWER SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS, "AS AMENDED BY CHAPTER 274, VOLUME 49, LAWS OF DELAWARE AND BY CHAPTER 218, VOLUME 51, LAWS OF DELAWARE, TO ESTABLISH QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE BOARD OF PUBLIC WORKS; TO ESTABLISH QUALIFICATIONS OF VOTERS AT THE ELECTION OF MEMBERS TO THE BOARD OF PUBLIC WORKS; TO ESTABLISH A RESERVE FUND TO BE HELD IN TRUST FOR THE EXPANSION, REPLACEMENT, REBUILDING OR IMPROVEMENT OF THE ELECTRIC LIGHT PLANT AND ELECTRIC TRANSMISSION LINES, THE WATER WORKS AND THE SEWER SYSTEM.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House thereof concurring therein):

Section 1. Section 1, Chapter 196, Volume 22, Laws of Delaware, as amended, is amended by striking out all of the following language:

No person shall be elected or act as a member of the said Board of Public Works who is not a substantial freeholder of the town.

Section 2. Section 1, Chapter 274, Volume 49, Laws of Delaware, be and the same is hereby repealed.

Delaware, as amended, is hereby further amended by adding at the end thereof, the following language:

The qualifications of a member for the Board of Public Works shall be as follows:

(1) A bona fide citizen of the United States and of the State of Delaware and a resident substantial freeholder of the Town of Lewes or a resident substantial leaseholder on the public land under the jurisdiction of the Commissioners of Lewes for at least one (1) year next preceding the date of the annual election for members of the Board of Public Works; and

(2) At least twenty-one (21) years of age on the date of the annual election for members of the Board of Public Works; and

(3) A non-delinquent taxpayer of all capitation taxes, property taxes, taxes on improvements located on public land under the jurisdiction of Commissioners of Lewes, rental due under a lease from the State of Delaware or from the Commissioners of Lewes, sewer services charges, front foot assessments, and water service charges due to the Town of Lewes or to the Board of Public Works for at least one (1) year next preceding the date of the annual election for members of the Board of Public Works.

Section 4. For the purposes of determining whether a member of the Board of Public Works is a resident substantial freeholder or a resident substantial leaseholder, the following definitions shall be applicable:

(1) A resident substantial freeholder shall mean any person who holds either fee simple title or title as a tenant by the entirety of real property within the corporate limits of the Town of Lewes of an assessed valuation as shown by the books of the Commissioners of Lewes of at least One Thousand Dollars ($1,000.00) and said title is of record in the Office of the Recorder of Deeds, in and for Sussex County and who is a qualified voter of the 35th Representative District residing

within the corporate limits of the Town of Lewes or on public lands under the jurisdiction of the Commissioners of Lewes, located northeast of the Lewes and Rehoboth Canal and between Broadkiln River on the north and Gills Neck Road Extended on the South.

(2) A resident substantial leaseholder shall mean any person who holds public land under a valid lease from the State of Delaware or from the Commissioners of Lewes and who has erected on said land an improvement which has an assessed valuation as shown by the books of the Commissioners of Lewes of at least One Thousand Dollars ($1,000.00) and who is a qualified voter of the 35th Representative District residing within the corporate limits of the Town of Lewes or on public land under the jurisdiction of the Commissioners of Lewes, located northeast of the Lewes and Rehoboth Canal and between Broadkiln River on the north and Gills Neck Road Extended on the South.

Section 5. Section 1, Chapter 218, Volume 51, Laws of Delaware, is hereby amended by striking out all of said section and substituting in lieu thereof the following:

(1) At the annual election for members of the Board of Public Works, every person who is, on the date when the list hereinafter provided for is compiled and who is on the date of the annual election, a resident freeholder of the Town of Lewes or who is a resident leaseholder on public land under a valid lease from the State of Delaware or from the Commissioners of Lewes of the age of twenty-one (21) years or upwards and who is a non-delinquent taxpayer of all capitation taxes, property taxes, taxes on improvements located on public lands under the jurisdiction of the Commissioners of Lewes, rental due under a lease from the State of Delaware or from the Commissioners of Lewes, sewer service charges, front footage assessments, and water service charges assessed to him for at least thirty (30) days prior to the date of said annual election or who shall have become a resident of the Town of Lewes, including the public land under the jurisdiction of the Commissioners of Lewes, since the last previous election for members of the Board of Public works and who shall have been a resident of said Town for a period of six (6) months prior to the date of said annual election for members of the Board of Public Works or who shall have attained the age of twenty-one (21) years since the last annual election for members of the Board of Public Works and who will be twenty-one (21) years of age on the date of the instant annual election for members of the Board of Public Works shall be entitled to cast one (1) vote.

(2) Every person who is, on the date when the list hereinafter provided for is compiled and who is on the date of the annual election, a freeholder of the Town of Lewes or a leaseholder on public land under a valid lease from the State of Delaware or from the Commissioners of Lewes, whether a resident or a non-resident, and who for a period of thirty (30) days next preceding the date of the said annual election is a non-delinquent taxpayer of all capitation taxes, property taxes, taxes on improvements erected on public land under the jurisdiction of the Commissioners of Lewes, rental due to the Commissioners of Lewes under a valid lease from said Commissioners or from the State of Delaware, all sewer service charges, front foot assessments, and water service charges, together with all penalties and interest thereon, shall be entitled to one (1) vote for every dollar and fractional part of a dollar of property tax paid upon his or her freehold, or, in the case of leaseholders holding land under a valid lease from the State of Delaware or from the Commissioners of Lewes, one (1) vote for each dollar or fractional part of a dollar of tax paid upon improvements erected on public land under the jurisdiction of the Commissioners of Lewes and for rental paid to the Commissioners of Lewes pursuant to a valid lease existing with the State of Delaware or the Commissioners of Lewes.

(3) The General Manager of the Board of Public Works shall compile and deliver to the Treasurer of the Town of Lewes at least twenty-five (25) days prior to the date of said annual election a list of names of all persons who, thirty (30) days prior to the date of the said annual election, were not delinquent in the payment of any sewer service charge, front foot assessment or water service charge.

(4) The Treasurer of the Town of Lewes shall deliver to the President of the Board of Public Works at least twenty (20) days prior to the date of said election a list of names of persons who are entitled to vote at the said election alphabetically arranged together with the number of votes each such person is entitled to cast, dated and duly certified. This list so certified shall be evidence as to the right of any person to vote at the said election. Those freeholders whose names do not appear on the list so certified must present at the time of offering themselves to vote sufficient evidence that all their capitation taxes, property taxes, sewer service charges, front foot assessments and water service charges were paid prior to the date when the list was compiled by the Treasurer. (1) Those leaseholders whose names do not appear on the list so certified must present at the time of offering themselves to vote sufficient evidence that all their capitation taxes, taxes on improvements located on public land under the jurisdiction of the Commissioners of Lewes, rental under a valid lease from the State of Delaware or from the Commissioners of Lewes, sewer service charges, front foot assessments, water service charges were paid prior to the date when the list was compiled by the Treasurer.

(5) Those persons desiring to vote in the annual election for members of the Board of Public Works who have become residents of the Town of Lewes or on the public lands under the jurisdiction of the Commissioners of Lewes under a valid lease from the State of Delaware or from the Commissioners of Lewes, since the last previous assessment of taxes and who have resided in said Town of Lewes or on the public lands under the jurisdiction of the Commissioners of Lewes under a valid lease for at least six (6) months next preceding the date of the said election and those persons who shall be residents of the Town of Lewes or on the public land under the jurisdiction of the Commissioners of Lewes under a valid lease and who shall have attained the age of twenty-one (21) years since the last annual election for members of the Board of Public Works and desire to vote in the said election and to whom no capitation tax, property tax, tax on improvements located on public lands under the jurisdiction of the Commissioners of Lewes, rental under a valid lease from the Commissioners of Lewes, sewer service charge, front foot assessment, or water service charge has been assessed shall register at the Town Hall with the Treasurer of the Town of Lewes at least thirty (30) days prior to the date of said election. The Town Treasurer, at least twenty (20) days prior to the date of said election, shall deliver a list of names of all persons who so registered alphabetically arranged, date and duly certified. These lists so certified shall be evidence as to the right of any person so classified to vote at said Election. Any person not so registered shall not be permitted to vote.

(6) All persons desiring to vote in the said annual election for members of the Board of Public Works who have become freeholders of the Town of Lewes or of public lands under the jurisdiction of the Commissioners of Lewes or leaseholders under a valid lease from the State of Delaware or the Commissioners of Lewes and who would have been such for six (6) months prior to the date of said annual election, (2) and to whom no sewer service charge, front foot assessment, or water service charge has been assessed or if so assessed was paid thirty (30) days prior to the date of said election, and who desire to cast a vote for every dollar and fractional part of a dollar of property tax paid upon his or her freehold, or, in the case of leaseholders holding land under valid lease from the State of Delaware or from the Commissioners of Lewes, one (1) vote for each dollar or fractional part of a dollar of tax paid upon improvements erected on public lands under the jurisdiction of the Commissioners of Lewes and for rental paid to the Commissioners of Lewes pursuant to a valid lease existing with the State of Delaware or the Commissioners of Lewes, whether paid by such persons or by the prior landowners or leaseholder, shall register at the Town Hall with the treasurer of the Town of Lewes at least thirty (30) days prior to the date of said election. The Town Treasurer, at least twenty (20) days prior to the date of said election, shall deliver a list of the names of all persons who so registered alphabetically arranged, dated and duly certified. These lists so certified shall be evidence as to the right of any person so classified to vote at said Election. Any person not so registered shall not be permitted to vote.

Section 6. Section 5, Chapter 196, Volume 22, Laws of Delaware, as amended, is hereby further amended by adding at the end of such Section the following:

The Board of Public Works is hereby enjoined to set aside all funds received from the operation of the utilities in excess of the amount which is necessary to operate the utilities as a reserve fund to be held in trust for the expansion, replacement, rebuilding or improvement of either the electric light plant, electric transmission lines, water works or sewer system; PROVIDED, HOWEVER, that at no time shall the total amount of the said reserve fund exceed ten per cent (10%) of the total capital investment of the Board of Public Works in the said utilities.