CHAPTER 48

WYOMING

AN ACT EXTENDING THE CORPORATE LIMITS OF THE TOWN OF WYOMING.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each house thereof concurring therein):

Section 1. That it shall hereafter be lawful for the Town of Wyoming to extend its corporate limits so as to include all or any part of the following proposed addition to the limits (present) of the Town of Wyoming:

BEGINNING at the present southwest corporate corner of the Town of Wyoming, Kent County and State of Delaware, said corner being located formerly by a stone setting along the former division line of lands formerly of Joshua A. Hudson and the late Thomas Downham, both now of Libby McNeal & Libby, said corner being in line of a wire and iron post fence enclosing the west side of the factory lot of the said Libby McNeal & Libby, and being distant, when measured along said wire fence, nine hundred fifty (950) feet from the center of the WyomingHazletville Concrete Highway and bearing therefrom south 0 degrees fifteen (15) minutes east; thence continuing same bearing with the old division line, now being Libby McNeal & Libby, a distance of five hundred forty-four (544) feet and crossing the south and north bound tracks of the Delaware Railroad and opposite the division line of lands now or formerly of the heirs of the late A. N. Brown and Chas. R. Brown, the heirs of the late Joseph Knight and the late Thomas Downham and also the late Harry B. Johnson, deceased; thence turning and running therewith, an old hedgerow, south seventy-four (74) degrees thirty (30) minutes east and passing over a stone corner for the Knight land, also passing over a stone corner for the Knight land, also passing over a stone corner for the former Downham, now Johnson heirs land, a total distance of twenty-

two hundred twenty (2220) feet to a stone corner for a subdivision of lands now of Chas. R. Brown and also a corner for Raymond Failing's Sub-Division, along the west line of the Concrete Highway leading from Wyoming to Willow Grove; thence continuing same bearing and crossing said highway seventy-two (72) feet to a stake as another new corner now established and being distant thirty-one (31) feet south of a stone corner for lands formerly of Stewart Baker, in the Cooper Estate--SubDivision along the East line of said highway; thence running with the said highway east line, towards Camden, a distance of two hundred sixty-eight (268) feet to the center of the old public road leading to Camden from Willow Grove; thence continuing with the east line of said highway, toward Camden a distance of seven hundred seventy-eight (778) feet to the center of Stevens Street in Camden and back to the present southeast (S.E.) corner of the present corporate boundary line and thence by a line across the former Herbert, Downham and Knight land and being the present south boundary line across the Delaware Railroad to the beginning.

Section 2. Before the corporate limits of the Town of Wyoming shall be extended as aforesaid, there shall be an election held in all or any portion of such proposed addition, pursuant to the provisions of Chapter 120, Volume 42, Laws of Delaware. The election shall not be called except by resolution of the Town Council to that effect. In the event that the qualified voters of any particular section do not approve of its annexation to the town, this same act may be used as authority for a subsequent election or subsequent elections, but no election of this kind may be held in any particular section within two years from the last preceding election.

Section 3. If in any section of this proposed addition to the Town of Wyoming, a majority of the votes cast in accordance with the plan specified in the above named statute shall be in favor of such annexation, the Town Council of the Town of Wyoming shall cause a plot of that addition of the Town of Wyoming to be recorded in the Recorder's Office at Dover. The extension of the town limits shall become effective at law at the time the said plot is recorded.

Section 4. The powers to hold and acquire by condemnation real and personal property within the limits of the Town of Wyoming, conferred by section 2 (A) of the act entitled "An Act Changing the Corporate Name of 'The Commissioners of Wyoming' to 'The Town of Wyoming' and establishing a Charter Therefore," being Chapter 189, Volume 43, Laws of Delaware, shall not extend for the acquisition by condemnation of any real or personal property or franchises of any public utility corporation, or other corporation, which at the time when this act shall become effective is engaged in the business of furnishing electric light, electric power, telephone and telegraph service, gas, or any of them, within the territory which may hereafter be included within the limits of the Town of Wyoming pursuant to the provisions of this Act.

Approved May 6, 1949.