CHAPTER 400

FORMERLY

SENATE BILL NO. 600

AN ACT TO AMEND A PORTION OF THE LEGAL DESCRIPTIONS OF NEW CASTLE COUNTY COUNCILMANIC DISTRICTS FOUR, FIVE AND SIX.

WHEREAS, pursuant to Section 1165, Title 9, Delaware Code, the County Council of New Castle County appointed a Redistricting Commission to recommend a plan for the redistricting of the six (6) councilmanic districts that comprise a portion of New Castle County; and

WHEREAS, said Redistricting Commission recommended a plan for redistricting said six (6) councilmanic districts; and

WHEREAS, said plan recommended by said Redistricting Commission became effective; and

WHEREAS, the Department of Elections for New Castle County reviewed the district lines that were drafted for a portion of Council Districts 4, 5 and 6, and determined that there appeared to be a possible discrepancy between the lines drawn by the Redistricting Commission and the legal descriptions describing said districts; and

WHEREAS, said Department of Elections by letter dated December 6, 1971, wrote to the Honorable C. Douglas Buck, Jr., President of County Council of New Castle County pointing out the discrepancies and requested County Council to determine whether the intent of the Redistricting Commission was to follow certain Senatorial and Representative lines or whether said Commission intended to adopt different lines; and

WHEREAS, by letter dated December 8, 1971, Clarence W. Taylor, County Attorney, at the request of the President Pro-Tem of County Council, wrote to John A. Wozniak, Jr., Chairman of the New Castle County Redistricting Commission and asked him to confer with the members of said Redistricting Commission and to inform said County Council of the intent the said Redistricting Commission had when it established said councilmanic lines; and

WHEREAS, by letter dated February 16, 1972 said John A. Wozniak, Jr. informed said Clarence W. Taylor that he had polled the Members of said Redistricting Commission and they agreed that the lines they drew should be the same as the Senatorial and Representative lines and the legal descriptions should be changed accordingly; and

WHEREAS, on February 22, 1972, County Council of New Castle County adopted Resolution No. 72-35 which reads as follows:

RESOLUTION NO. 72-35

RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO CORRECT MINOR DISCREPANCIES BETWEEN NEW CASTLE COUNTY COUNCIL DISTRICT LINES AND LEGISLATIVE DISTRICT LINES

WHEREAS, the Redistricting Commission submitted its report recommending new Councilmanic Districts for New Castle County as set forth in a map and description attached to said report, and the redistricting plan set forth in said report became effective as provided in Section 1165, Title 9, Delaware Code; and

WHEREAS, the Department of Elections for New Castle County by communions attached hereto has determined that in certain minor respects Councilmanic District lines in the report of the Redistricting Commission do not coincide with representative or senatorial district lines established by the General Assembly; and

WHEREAS, the Chairman of the Redistricting Commission has reported that the Redistricting Commission has no objection the revisions recommended by the Department of Elections to permit the district lines of the Councilmanic Districts to coincide with the representative and senatorial lines established by the General Assembly; and

WHEREAS, it appears that there is no authority in the government of New Castle County to make the recommended changes in district lines;

NOW, THEREFORE, BE IT RESOLVED: That County

Council of New Castle County urges the General Assembly to enact legislation correcting the Councilmanic District lines as recommended by the Department of Elections for New Castle County.

Adopted by County Council

of New Castle County on

February 22, 1972

C. Douglas Buck, Jr.

President of County Council

of New Castle County

and

WHEREAS, it is the intent of this Act to change a portion of the said legal descriptions, since said County Council has no authority to do so.

NOW, THEREFORE:

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

Section 1. Amend the legal description of New Castle County District 4 as adopted by the County Council of New Castle County by striking therefrom the words:

"thence in a generally southeasterly direction along the center line of Upper Pike Creek Road to its point of intersection with the center line of the northern boundary line of the recorded Subdivision of Linden Hill Village and Linden Hill Village extended; thence in a westerly direction along the center line of the northern boundary line of the recorded Subdivision of Linden Hill Village and Linden Hill Village extended to its point of intersection with the center line of Polly Drummond Road;"

and inserting in lieu thereof the words:

"thence in a generally southeasterly direction along the center line of Upper Pike Creek Road to its point of intersection with the center line of New Linden Hill Road; thence in a westerly direction along the center line of New Linden Hill Road to its

point of intersection with the center line of Boyds Valley Road; thence in a counter clockwise direction along the center line of Boyds Valley Road to its point of intersection with the center line of White Clay Crescent Road; thence in a westerly and southerly direction along the center line of White Clay Crescent Road to its second intersection with the center line of Rankin Road; thence in a southwesterly direction along the center line of Rankin Road to its point of intersection with the center line of Polly Drummond Road;".

Section 2. Amend the legal description of New Castle County District 5 as adopted by the County Council of New Castle County by striking therefrom the words:

"thence northwesterly along the center line of Polly Drummond Road to its point of intersection with the center line of the northern boundary line of the recorded Subdivision of Linden Hill Village and Linden Hill Village extended; thence in an easterly direction along the center line of the northern boundary lines of the recorded Subdivision of the Linden Hill Village and Linden Hill Village extended to its point of intersection with the center line of Upper Pike Creek Road;" and inserting in lieu thereof the words:

"thence northwesterly along the center line of Polly Drummond Road to its point of intersection with the center line of Rankin Road; thence in a northeasterly direction along the center line of Rankin Road to its first intersection with the center line of White Clay Crescent Road; thence in a northerly and easterly direction along the center line of White Clay Crescent Road to its intersection with the center line of Boyds Valley Road; thence in a clockwise direction along the center line of Boyds Valley Road to its intersection with the center line of New Linden Hill Road; thence in an easterly direction along the center line of New Linden Hill Road to its intersection with the center line of Upper Pike Creek Road;".

Section 3. Amend the legal description of New Castle County District 5 as adopted by the County Council of New Castle County by striking therefrom the words:

"thence in a southerly direction along the center line of the boundary of the States of Maryland and Delaware to its point of intersection with the center line of U.S. Route 40; thence in a generally easterly direction along the center line of U.S. Route 40 to its point of intersection with the center line of Purgatory Swamp Road;"

and inserting in lieu thereof the words:

"thence in a southerly direction along the center line of the boundary of the States of Maryland and Delaware to its point of intersection with the center line of the east-bound lane of U. S. Route 40; thence in a generally easterly direction along the center line of the east-bound lane of U. S. Route 40 to its point of intersection with the center line of Purgatory Swamp Road;",

Section 4. Amend the legal description of New Castle County District 6 as adopted by the County Council of New Castle County by striking therefrom the words:

"thence in a southeasterly direction along the center line of Purgatory Swamp Road to its point of intersection with the center line of U.S. Route 40; thence in a generally westerly direction along the center line of U.S. Route 40 to its point of intersection with the center line of the State Boundary of the States of Delaware and Maryland;"

inserting in lieu thereof the words:

"thence in a southeasterly direction along the center line of Purgatory Swamp Road to its point of intersection with the center line of the east-bound lane of U.S. Route 40; thence in a generally westerly direction along the center line of the east-bound lane of U.S. Route 40 to its point of intersection with the center line of the State Boundary of the States of Delaware and Maryland;".

Section 5. This Act shall become effective as of the same date the districts as recommended by the Redistricting Commission become effective.

Approved May 14, 1972.