Section 1. Amend Section 2 of the Charter of the City of Lewes by inserting two additional parcels at the end of Section 2 as shown by underline as follows:

Parcel No. 12. Certain lands known as “Savannah Place”, a development contiguous to the present southerly limits of The City of Lewes, Lots known as numbers 1-38, and the street known as “Savannah Circle”, all located on the west side of Savannah Road (State Road 18/U.S. Route 9) and the north side of Donovan Road (County Road 263), as shown on Revised Record Subdivision Plan Savannah Place, dated May 12, 1983, and recorded in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Plot Book 36, page 255, Tax Map numbers 3-35-8.14-50-88, 22.74 acres, more or less.

Parcel No. 13. Certain lands known as “Highland Acres” and a portion of Sussex Drive, beginning at a concrete monument, said monument being the westerly point of the Sussex Drive right-of-way at the entrance to Highland Acres; thence 465.00 feet in a S 48 degrees 52 minutes 40 seconds E direction to a point on the Sussex Drive right-of-way at the northeast corner of Tax Map 335-8.11 Parcel 29; thence 50.00 feet in a N 41 degrees 7 minutes 20 seconds E direction to a point on the Sussex Drive right-of-way; thence 457.17 feet in a N 48 degrees 52 minutes 40 seconds W direction to a point on the Sussex Drive right-of-way at the entrance to Highland Acres; thence 826.81 feet in a N 44 degrees 52 minutes 00 seconds E direction to a point at the southeast corner of the Highland Acres Subdivision; thence 743.40 feet in a N 40 degrees 16 minutes 00 seconds W direction to point at the northeast corner of the Highland Acres Subdivision; thence 2183.85 feet +/- in a S 46 degrees 00 minutes 00 seconds W direction to a point at the northwest corner of the Highland Acres Subdivision; thence 248 feet +/- in a southeast direction along the approximate centerline of a Branch of Canary Creek to a point at the southeast corner of Sussex County Tax Map No. 335-8.10 Parcel 51; thence 101.52 feet +/- in an approximate S 57 degrees 50 minutes 13 seconds E direction along the approximate centerline of a Branch of Canary Creek to a point at the southeast corner of Sussex County Tax Map No. 335-8.10 Parcel 14; thence 107.02 feet in a S 23 degrees 04 minutes 55 seconds E direction along the tie-line connecting the southwest and southeast corners of Sussex County Tax Map No. 335-8,10 Parcel 13 near the centerline of a Branch of Canary Creek to a point at the southeast corner of Parcel 13; thence 332.92 feet in a S 18 degrees 16 minutes 56 seconds E direction along the centerline of a Branch of Canary Creek to a point at the southwest corner of the Highland Acres Subdivision; thence 1125.42 feet +/- in a N 46 degrees 03 minutes 00 seconds E direction to a point; thence 274.69 feet in a N 47 degrees 58 minutes 00 seconds E direction to a concrete monument and the place of beginning.

Section 2. Amend Section 3(g) of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

(g) In the event that an individual holds a power of attorney duly executed and acknowledged and specifically authorizing the individual to vote at the said Special Election, a duly authenticated power of attorney shall be filed in the Office of the City Manager of The City of Lewes. Said power of attorney so filed shall constitute conclusive evidence of the right of said person to vote at the Special Election.Any qualified voter unable to appear at the Special Election may cast an absentee ballot. The procedures for absentee voting shall conform to the applicable provisions of Title 15 of the Delaware Code, Chapter 75, Subchapter V, established for absentee voting in annual municipal elections.

Section 3. Amend Section 4(a) and 4(b) of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

(a) The government of the city and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in the Mayor and City Council. The term of the Mayor shall be a period of ~~two (2)~~ three (3) years commencing at the Annual Meeting of the City Council following his or her election and continuing until his or her successor is duly elected and qualified.

(b) The City Council shall be composed of five (5) members, four (4) of whom shall be known as Council Persons, and one of whom shall be the Mayor; each of the Council Person's and the Mayor's terms shall be for a period of ~~two (2)~~ three (3) years commencing at the annual meeting of the City Council following his or her election and continuing until his or her successor is duly elected and qualified, except that the two Council Persons elected at the 2016 Annual Municipal Election shall serve for a term of two (2) years.

Section 4. Amend Section 6(b) of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

(b) All such notifications of candidacy shall be filed at the office of the City Manager during the regular business hours of the city not earlier than the opening of business on ~~February~~ March 1 and prior to 4:30 p.m. prevailing time on the first Thursday in April, and thereon it shall be the duty of the City Manager to deliver all notifications of candidacy or nominations for candidacy to the City Council at the regular meeting of the City Council in April of each year at which time the City Council shall sit in open meeting to hear the recommendations of the City Manager concerning the qualifications of each candidate. The City Council shall act upon the recommendation of the City Manager concerning each candidate. The Mayor and City Council, by a majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members and shall interpret and apply the standards set in this Charter.

Section 5. Amend Section 7(b) of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

(b) At each Annual Municipal Election, there shall be elected two (2) Council Persons who shall serve for a term of two (2) years or until their successors have been duly elected and qualified, except at the Annual Municipal Election in the year when a Mayor is to be elected, at which time two (2) Council Persons shall be elected to serve for a term of two (2) years or until their respective successor shall be duly elected and qualified.The four offices of Council Person of Lewes and the office of Mayor of Lewes shall be elective. The four offices of Council Person of Lewes shall be for a term of three (3) years, except that the two Council Persons elected at the 2016 Annual Municipal Election shall serve for a term of two (2) years. The office of Mayor of Lewes shall be for a term of three (3) years.

Section 6. Amend Section 12 of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

Section 12. If any vacancy shall occur in the office of Mayor or Council Person by death, resignation, loss of residence in The City of Lewes, refusal to serve, failure to elect or otherwise, same may be filled by a majority vote of the members of the City Council. The person or persons so chosen to fill such vacancy or vacancies shall be qualified as in the case of newly elected members and shall hold office for the remainder of the unexpired term, except that when the remainder of the unexpired term is greater than two years such person or persons shall hold office until they or their successors have been duly elected and qualified at a Special Election held contemporaneously with the Annual Municipal Election immediately following the filling of such vacancy or vacancies, and subject to the same rules as hereinbefore set forth,. When the remainder of the unexpired term is greater than two years, requiring that a person be duly elected and qualified at a Special Election to fill the two-year remainder of the unexpired term, every candidate desirous of filling such two-year remainder of the unexpired term shall so declare in their notification of candidacy, and such declaration shall prevent the candidate from also being a candidate in the Annual Municipal Election.

Section 7. Amend Section 29 of the Charter of the City of Lewes by making deletions as shown by strike through and insertions as shown by underline as follows:

30. To levy and collect taxes for any and all municipal purposes upon all real estate and improvements located thereon and to levy and collect taxes for any and all municipal purposes upon improvements having an assessed valuation of at least one thousand dollars ($1,000.) located on land under a valid lease for a period of at least ten (10) years within the city, except lands belonging to the city, provided that the amount to be raised from this source shall not exceed the sum of ~~three million dollars ($3,000,000.)~~three-million five-hundred thousand dollars ($3,500,000).

Section 8. If any provision of this Act shall be deemed or held to be invalid or unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not affect any other provision of this Act that may be given effect without the invalid or unenforceable provision, and to this end, the provisions of this Act are hereby declared to be severable.

SPONSOR:	Sen. Lopez & Rep. Smyk