CHAPTER 323

AN ACT TO ABOLISH THE PUBLIC BUILDING COMMISSION FOR THE CITY OF WILMINGTON AND FOR NEW CASTLE COUNTY AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THE PUBLIC BUILDING HERETOFORE UNDER ITS JURISDICTION AND TO PROVIDE FOR PAYMENT THEREFOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 16, Title 9, Delaware Code, is hereby repealed.

Section 2. The government of New Castle County shall, for the purpose of performing the functions provided in this Act, take and have entire charge of the County Building for New Castle County and the Municipal Building for the City of Wilmington, known as the "Public Building", on the square bounded by King, Tenth, French and Eleventh Streets, in the City of Wilmington, and shall keep and maintain said building in good repair and operating condition and shall provide the necessary utilities and services therefor.

Section 3. The City of Wilmington shall continue to have the use of that portion of the Public Building known as the Municipal Building for the City of Wilmington and shall quarterly-annually pay to New Castle County amounts based upon the cost of maintenance, repairs, utilities and services applicable to the Municipal Building, to be fixed by agreement between the Mayor of the City of Wilmington and the County Executive of New Castle County, provided that if agreement cannot be reached, final determination of the amounts to be paid by the City of Wilmington shall be made by a panel of three, one member to be designated by the Mayor of the City of Wilmington, one member to be designated by the County Executive of New Castle County, and one member to be selected by the other two members. The City of Wilmington shall not be required to pay for any service or work which it shall direct the County not to provide, except contractual obligations incurred by the County prior to such direction.

Section 4. This Act shall not affect the title of the City of Wilmington to the Municipal Building or the title of New Castle County to the County Building.

Section 5. This Act shall be effective July 1, 1970.

Approved February 9, 1970.