CHAPTER 2
AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO," BEING CHAPTER 203, VOLUME 25, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 48, VOLUME 52, LAWS OF DELAWARE, PERMITTING ANNEXATION OF ADDITIONAL TERRITORY.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):
Section 1. Chapter 203, Volume 25, Laws of Delaware, as amended by Chapter 48, Volume 52, Laws of Delaware, is hereby further amended by adding a new Section at the end thereof to be designated Section 3 (A).
Section 3 (A). In the event that it becomes feasible or necessary in the future for the Commissioners of Millsboro to enlarge its then existing limits and territory, such annexation accomplished in accordance with the following procedures shall be lawful:
(a) If five (5) or more property owners resident in a territory contiguous to the then limits and territory of the Town of Millsboro, by written petition with the signature of each such petitioner duly acknowledged, shall request the Commissioners of Millsboro to annex that certain territory in which they reside and own property, the President of the Commissioners of Millsboro shall appoint a committee composed of not less than three (3) of the elected members of the Commissioners of Millsboro to investigate the possibility of annexation. The petition presented to the Commissioners of Millsboro shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or, the Commissioners of Millsboro, by a majority vote of the elected members thereof, may, by resolution, propose that a committee, composed of not less than three (3) of the elected members of said Commissioners of Millsboro, be appointed by the President to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of the Town of Millsboro.
(b) Not later than ninety (90) days following its appointment by the President of the Commissioners of Millsboro, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Commissioners of Millsboro. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town and to the territory proposed to be annexed and shall contain the committee's recommendations whether or not to proceed with the proposed annexations and the reasons therefor. In the event that the committee appointed by the President of the Commissioners of Millsboro concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Commissioners of Millsboro proposing to the property owners and residents of both the Town of Millsboro and the territory proposed to be annexed that the Commissioners of Millsboro proposes to annex certain territory contiguous to its then limits and territory. In the event that the committee appointed by the President of the Commissioners of Millsboro concludes that the proposed annexation is disadvantageous either to the Commissioners of Millsboro or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the committee, the resolution proposing to the property owners and residents of both the Town of Millsboro and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds of the elected members of the Commissioners of Millsboro. If the resolution shall fail to receive the affirmative vote of two-thirds of the elected members of the Commissioners of Millsboro, the territory proposed to be annexed shall not again be considered for annexation for a period of one year from the date that the resolution failed to receive the required affirmative vote. The second resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The resolution adopted by the Commissioners of Millsboro setting forth the above information shall be printed in a newspaper having a general circulation both in the Town of Millsboro and in the territory proposed to be annexed, or, at the discretion of the Commissioners of Millsboro the said resolution shall be posted in five (5) public places both in the Town of Millsboro and in the territory proposed to be annexed.
(c) Following the public hearing, but in no event later than thirty (30) days thereafter, a resolution shall then be passed by a majority of the Commissioners of Millsboro ordering a Special Election to be held not less than thirty (30) days nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. The passage of this resolution shall ipso facto be considered the determination of the Commissioners of Millsboro to proceed with the matter of the proposed annexation.
(d) The notice of the time and place of holding the said Special Election shall be printed within thirty (30) days immediately preceding the date of the Special Election in at least two (2) issues of a newspaper having a general circulation both in the Town of Millsboro and in the territory proposed to be annexed, or, in the discretion of the Commissioners of Millsboro the said notice may be posted in five (5) public places both in the Town of Millsboro and in the territory proposed to be annexed, at least fifteen, (15) days prior to the date of the Special Election.
(e) At the Special Election, every property owner whether an individual, a partnership, or a corporation, both in the Town of Millsboro and in the territory proposed to be annexed, shall have one (1) vote for each One Hundred Dollars ($100.00) of assessment as shown by the books of the Town of Millsboro in the case of Town property owners and by the records of the Board of Assessment of Sussex County in the case of property owners in the territory proposed to be annexed. Every citizen of either the Town of Millsboro or of the territory proposed to be annexed who is not a property owner shall have one (1) vote. In the case of property owned by a husband and wife jointly, the husband and wife shall each have one (1) vote for each Two Hundred Dollars ($200.00) of assessment. In the event that a person owns property both in the Town of Millsboro and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in the Town of Millsboro and in the territory proposed to be annexed but does not reside in either place, he may vote only in the Town and not in the territory proposed to be annexed. In the event that an individual holds a power of attorney duly executed and acknowledged and specifically authorizing the said individual to vote at the said Special Election, a duly authenticated copy of the power of attorney shall be filed in the office of the Commissioners of Millsboro. Said Power of Attorney as so filed shall constitute conclusive evidence of the right of said individual to vote in the Special Election.
(f) The Commissioners of Millsboro shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election.
(g) The form of the ballot shall be as follows: This ballot casts votes.
___ For the proposed annexation.
___Against the proposed annexation. (check one)
(h) The President of the Commissioners of Millsboro shall appoint three (3) persons to act as a Board of Special Election, at least one of whom must reside and own property in the Town of Millsboro, and at least one of whom must reside and own property in the territory proposed to be annexed or be a representative of an individual, partnership or corporation which owns property in the territory proposed to be annexed. One of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in the office of the Commissioners of Millsboro and the Board of Election shall have available, clearly marked two (2) ballot boxes. All ballots cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be deposited in one such ballot box, and all ballots cast by those persons, partnerships or corporations who are authorized to vote as residents or property owners of the Town of Millsboro shall be deposited in the other such ballot box. The polling places shall be opened from 12:00 o'clock noon prevailing time until 7:00 o'clock P. M., prevailing time, on the date set for the special Election.
(i) Immediately upon the closing of the polling place, the Board of Election shall count the ballots for and against the proposed annexation and shall announce the result thereof ; the Board of Election shall make a certificate under their hands of the number of votes cast for and against the proposed annexation, and the number of void votes, and shall deliver the same to the Commissioners of Millsboro. The said certificate shall be filed with the papers of the Commissioners of Millsboro.
(j) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from the Town of Millsboro and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for at least a period of one (1) year from the date of the Special Election. If a favorable vote for annexation shall have been cast, the Commissioners of Millsboro shall cause a description and a plot of the territory so annexed to be recorded in the office of the Recorder of Deeds for Sussex County in Georgetown, Delaware, but in no event shall such recording be completed more than ninety (90) days following the favorable referendum. The territory considered for annexation shall be considered to be a part of the Town of Millsboro from the time of recording.
Approved January 29, 1965