9 DE Code § 4607. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 46. Sewers and Sewer Districts|§ 4607. Referendum upon petition.

§ 4607. Referendum upon petition. (a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause a notice to be published at least once in a newspaper published within the County and having a general circulation therein. Such notice shall contain a true copy of the resolution, the date of adoption thereof, and a statement that such resolution is subject to referendum upon petition. (b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote of a majority of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be filed with the county government a petition signed by 10 percent of the electors of the proposed district. (c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption, and shall contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each sheet shall be acknowledged by the signer thereof or it may be proved by the oath of a witness who shall swear that such witness knows the signer and that the petition was signed in the presence of the witness. If the petition be sufficient and valid, the county government shall by resolution fix a date not less than 45 days after its adoption by which a proposition as herein provided for is to be submitted to a general or special election. (d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government may, on its own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district. Notice of the election shall be advertised in the same manner as provided in § 4604 of this title for advertising a public hearing. The cost of the election shall be borne by the County, which shall be reimbursed for such cost by the district, if established. The proposition for the submission of a resolution of the county government to the approval of the voters pursuant to this chapter, shall contain an abstract of such resolution stating the purpose and effect thereof. The Clerk of the county government shall prepare such abstract with the advice of the Attorney for the county government and shall transmit the proposition, in the form in which it is to be submitted, to the county government who shall submit same at a general or special election in accordance with the provisions of this chapter. Each person or legal entity entitled to vote shall have 1 vote and shall have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of votes cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by the county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the holding of such election to register and vote at a general election, if such general election were held on the day of such election in the proposed sewer district, may vote at such election whether or not the citizen is at the time a registered voter. 9 Del. C. 1953, §  4607;  56 Del. Laws, c. 103, §  13;  56 Del. Laws, c. 241, §  4;  70 Del. Laws, c. 186, §  1;