CHAPTER 190

FORMERLY

SENATE BILL NO. 364

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 4

AN ACT TO AMEND CHAPTER 41, TITLE 9, DELAWARE CODE RELATING TO THE GOVERNMENT OF KENT COUNTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4102, Chapter 41, Title 9, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following: "4102 Levy Court Districts in Kent County",

(a) Kent County shall be divided into six Levy Court districts, one additional Levy Court district is comprised of the County as a whole.

(b) The Levy Court districts are established as follows:

(1) First Levy Court District – The first Levy Court district shall comprise: All that portion of Kent County, more particulary described by reference to the general highway map of Kent County dated 1963 (revised August 1, 1974) prepared by the mapping section of the division of Highways, bounded by a line beginning at the point of its intersection with the centerline of State Route 300 at Everetts Corner, thence in a westerly direction along the centerline of U.S. Route 300 to its intersection with the centerline of the boundary between the States of Delaware and Maryland, thence in a northerly direction along the centerline of the common boundary of Delaware and Maryland through the Blackiston Wildlife Area to the point where the centerline of the boundary of the States of Delaware and Maryland intersects with the centerline of the boundary of Kent County and New Castle County which is the point and place of beginning.

(2) Second Levy Court District - The Second Levy Court District shall comprise: ALL that portion of Kent County, partially lying with the City of Dover and bounded as follows: ALL that portion of Kent County, more particularly described by reference to the general highway map of Kent County dated 1963 (revised January 1, 1978) and Sheet A of said highway maps of Kent County dated 1963 (revised August 1, 1974) prepared by the mapping section of the Division of Highways, bounded by a line beginning at a point which Is the centerline of State Route 8 and County Road 199 and from said point and place of beginning, following the centerline of County Road 199 in a southwesterly direction, crossing County Road 200 and continuing In a southerly direction, to its intersection with the centerline of County Road 73, thence northeasterly along the centerline of County Road 73, to its intersection with the centerline of County Road 204, thence southerly along the centerline of County Road 204 to its intersection with the center of Issac Branch, thence northeasterly with the center of Issac Branch to its intersection with the center of a tributary to Issas Branch Known as Almshouse Branch, thence southerly with the center of Almshouse Branch to its intersection with the centerline of County Road 52, thence with the centerline of County Road 52 in an easterly direction to its intersection with the western boundary of the Town of Wyoming, thence following the boundaries of the Town of Wyoming in a northerly and easterly direction to its intersection with the centerline of Issac Branch, thence in an easterly direction along the centerline of Issas Branch, crossing its intersections with County Road 195, Conrail Railroad tracks and County Road 190 (New Burton Road), to Its intersection with the centerline of the boundary separating the Towns of Wyoming and Camden, thence continuing along the meanderings of !mac Branch, also being the northerly boundary of the Town of Camden, to its Intersection with the centerline of U.S. Route 13, thence in a southwesterly direction along the centerline of U.S. Route 13 to its intersection with the centerline of Delaware Route 10 (Lebanon Road), thence in an easterly direction along the centerline of Delaware Route 10, (Lebanon Road), to its intersection with the centerline of U.S. 113-A, thence in a northerly direction along the centerline of U.S. 113-A to a point in the center of the southerly boundary of the City of Dover as of June 30, 1981 which is also a portion of Issac Branch, thence with the southern boundary of the City of Dover in an easterly direction to its point of intersection with U.S. Route 113 (Bay Road), thence with the centerline of U.S. Route 113 (Bay Road), in a northerly direction to its intersection with the centerline of State Route 8 (Division and Forest Streets), thence westerly along the centerline of State Route 8 (Division and Forest Streets) to Its intersection with the centerline of County Road 156 (Saulsbury Road), thence in a northerly direction along the centerline of County Road 156 (Saulsbury Road) to its intersection with the centerline of County Road 156 (McKee Road) to the point of its Intersection with the centerline of County Road 100 (Denncys Road), thence in a southwesterly direction along the centerline of County Road 100 (Denneys Road) to its point of intersection with the centerline of County Road 104, thence along the centerline of County Road 104 in a southeasterly direction to a point in the center of Mudstonc Branch, thence with the center of Mudstone Branch in a southwesterly direction and a tributary of Mudstone Branch in a southerly direction (being the northerly boundary of Enumeration District 195 and easterly boundary of Enumeration District 194 respectively as shown on the Official 1980 Census Map) to a point in the centerline of County Road 158, thence with the centerline of County Road 158 in a southwesterly direction to its intersection with State Route 8 and County Road 199 which is the point and place of beginning.

(3) Third Levy Court District - The Third Levy Court District shall comprise: ALL that portion of Kent County, particularly described by reference to the general highway map of Kent County, Delaware, dated 1963 (revised January 1, 1978) and Sheet A of the said highway map of Kent County dated 1963, (revised August I, 1974) prepared by the mapping section of the Divsion of Highways, bounded by a /Mc beginning with the centerline of the boundary between the States of New Jersey and Delaware at a point opposite the centerline of the mouth of the Leipsic River and, thence In a westerly direction to the mouth of the Leipsie River and, thence with the center of the Leipslc River in a westerly direction to its intersection with the eastern boundary of the Town of Leipsic, thence In a southerly direction along the center of the eastern boundary of the Town of Leipsic, thence in a westerly direction along the centerline of the southern boundary of the Town of Leipsic crossing State Route 9, thence in a northerly direction along the centerline of the western boundary of the Town of Leipsic to its intersection with the centerline of Little Duck Creek, thence with the center of Little Duck Creek in a westerly direction to its point of intersection with the centerline of U.S. Route 13, thence with the centerline of U.S. Route 13 in a southerly direction to its point of intersection with County Road 100 (Denneys Road) thence with the centerline of County Road 100 (Denneys Road) in a westerly, southerly and westerly direction to its point of intersection with the centerline of County Road 156 (McKee Road), thence southeasterly along the centerline of County Road 156 (McKee Road) to its intersection with the centerline of County Road 156 (Saulsbury Road), thence southerly along the centerline of County Road 156 (Saulsbury Road) to its intersection with the centerline of State Route 8 (Forest and Division Streets), thence easterly along the centerline of State Route 8 (Forest and Division Streets), to its intersection with the centerline of U.S. Route 13, thence southeasterly along the centerline of U.S. Route 13 to its intersection with the centerline of U.S. Route 113 (Bay Road), thence in a southeasterly direction along the centerline of U. S. Route 113 (Bay Road) to its intersection with /ands of the United States known as Dover Air Force Base, thence along the centerline of said boundary in a northeasterly, southeasterly, easterly, southeasterly, easterly, and northerly direction to a point of its intersection with the centerline of County Road 348 (Horsepond Road), thence with the centerline of County Road 348 (Horsepond Road) to its intersection again with lands of the United States known as Dover Air Force Base, thence along the centerline of said boundary in a northerly, easterly, and southerly direction to a point of intersection with the centerline of County Road 348, thence easterly with the centerline of County Road 348 to its intersection with State Route 9 at Postles Corner, thence southerly with the centerline of State Route 9 to its intersection with the centerline of U.S. Route 113 (Bay Road), thence southerly with the centerline of U.S. Route 113 (Bay Road) to its intersection with the center of St. Jones River thence with the center of St. Jones River in a southeasterly direction to its intersection with Delaware Bay, thence in an easterly direction to the boundary between the States of New Jersey and Delaware In Delaware Bay, thence with the New Jersey-Delaware boundary in a northerly and westerly direction to the point and place of beginning.

(4) Fourth Levy Court District - The Fourth Levy Court District shall comprise: ALL that portion of Kent County in Little Creek, East Dover, South Murderkill and Milford Hundreds and bounded as follows: BEGINNING at a point on the boundary between States of New Jersey and Delaware in the Delaware Bay opposite the mouth of the Mispillion River, thence in a westerly direction to the mouth of Mispillion River, which is also on the boundary between Kent and Sussex Counties, thence with the center of the boundary line between Kent and Sussex Counties, in a westerly direction to its intersection with the centerline of U.S. Route 13, thence northerly along the centerline of U.S. Route 13 to its intersection with the centerline of County Road 116, thence with the centerline of County Road 116 in an easterly direction to its intersection with the centerline of County Road 434, thence northerly and northeasterly with the centerline of County Road 434 to its intersection with the centerline of County Road 429, thence northerly with the centerline of County Road 429 crossing the Conrail Railroad tracks and County Roads 432, 431 and 430 to its intersection with the centerline of County Road 35, thence northeasterly with the centerline of County Road 35 to its intersection with the centerline of County Road 388, thence in a northwesterly direction along the centerline of County Road 388 to its intersection with the centerline of County Road 33, thence in a northwesterly direction along the centerline of County Road 33, to its intersection with the centerline of County Road 371, thence in a southwesterly direction along the centerline of County Road 371 to its intersection with the centerline of U.S. Route 13, thence in a northerly direction along the centerline of U.S. Route 13 to its intersection with the centerline of U.S. Route 13A, thence in a northwesterly direction along the centerline of U.S. Route 13A to a point approximately 755 feet North of its intersection with the centerline of County Road 370, said point being the centerline of its intersection with Double Run, thence in an easterly direction along the centerline of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official 1980 Census Map, to its intersection with the centerline of U.S. Route 13, thence with the centerline of U.S. Route 13 In a northerly direction approximately 600 feet to a point in the centerline of its intersection with an unnamed tributary of Double Run, said point being approximately 3,250 feet South of its intersection with County Road 30, thence along the centerline of said tributary to the centerline of its intersection of Double Run which is the southerly boundary of Enumeration District 234 as it appears on the Official 1980 Census Map, thence in an easterly direction along the centerline of Double Run across its intersection with County Road 105, to Its intersection with the centerline of an unnamed tributary to Double Run, as It appears on the Official 1980 Census Map, thence in a northerly direction along the centerline of said unnamed tributary, being also a portion of the easterly boundary of Enumeration District 233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly direction to the Intersection of the centerline of an unnamed road at its easternmost point as shown on the Official 1980 Census Map, thence along the centerline of said unnamed road in a westerly direction to Its intersection with the centerline of County Road 105, thence in a northerly direction along the centerline of County Road 105 to Its intersection with the centerline of County Road 30, thence with the centerline of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the center of an unnamed tributary to Vosheli Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell Pond and Tidbury Creek to its intersection with the centerline of County Road 357 extended at Lebanon thence with the centerline of County Road 357 extended and County Road 357 in an easterly direction to its intersection with the southerly boundary of lands of the United States known as Air Base Housing, thence with the boundary of land of the United States southeasterly, northerly, southeasterly and northeasterly to its intersection with the centerline of U.S. Route 113 (Bay Road) thence with the centerline of U.S. Route 113 (Bay Road) In a southeasterly direction crossing its intersection with the centerline of State Route 9, thence in a southerly direction to its intersection with the center of the St. Jones River, thence with the center of the St. Jones River in a southeasterly direction to its intersection with Delaware Bay at the northerly boundary of the Town of Bowers, thence in an easterly direction to the boundary between the States of New Jersey and Delaware in Delaware Bay, thence with the New Jersey-Delaware boundary in a southerly direction to the point and place of beginning.

(5) Fifth Levy Court District - The Fifth Levy Court District shall comprise: ALL that portion of Kent County including parts of West Dover, North Murderkill and East Dover Hundreds and bounded as follows: BEGINNING at a point where the centerline of County Road 52 intersects with the center of Almshouse Branch, thence southerly with the center of Almshouse Branch, also being the westerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center of a tributary to Almshouse Branch, thence southeasterly along the center of said tributary to its intersection with the center line of an unnamed road, thence easterly along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260, to its intersection with the center line of County Road 125 thence southerly with the center line of County Road 125 to a power line which is also the northwesterly boundary of Enumeration District 262, thence southwesterly along the Enumeration District boundary to its intersection with the center line of County Road 232, thence southeasterly along the center line of County Road 232 to the center of an unnamed branch of Tidbury Creek being also the westerly boundary of Enumeration District 262, thence southerly along the meanderings of the said branch to its intersection with the center line of County Road 236, thence westerly along the center line of County Road 236 to its intersection with the center line of County Road 235, thence southerly along the center line of County Road 235 to its intersection with the center line of County Road 109, thence southwesterly with the center line of County Road 109 to its intersection with the center line of County Road 108, thence southeasterly along the center line of County Road 108 to its intersection with the center line of County Road 239, thence southeasterly with the center line of County Road 239 to a point in the center of Hudson Branch, thence in an easterly direction along the center of Hudson Branch, also being the northern boundary of Enumeration District 269 as shown on the Official 1980 Census Map, to the center of a power line, thence southerly along the center of said power line, also being the easterly boundary of Enumeration District 269, to a point In the center line of County Road 239, thence with the center line of County Road 239 in an easterly direction to its intersection with the center line of the Conrail Railroad tracks, thence in a northerly direction along the center line of the Conrail Railroad tracks to a point in the center of Hudson Branch, thence northeasterly and easterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268 as shown on the Official 1980 Census Map, to its intersection with the center line of U.S. Route 13, thence In a northerly direction along the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13A, thence in a northwesterly direction along the center line of U.S. Route 13A to a point approximately 755 feet north of its intersection with the center line of County Road 370, said point being the center line of Its intersection with Double Run, thence in an easterly direction along the center line of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official 1980 Census Map, to its intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a northerly direction approximately 600 feet to a point in the center line of its intersection with an unnamed tributary of Double Run, said point being approximately 3,250 feet south of its intersection with County Road 30, thence along the centerline of said tributary to the centerline of its intersection with Double Run which Is the southerly boundary of Enumeration Districts 233 and 234 as they appear on the Official 1980 Census Map, thence continuing in an easterly direction along the centerline of Double Run across its intersection with County Road 105, to its intersection with the centerline of an unnamed tributary to Double Run, as it appears on the Official 1980 Census Map, thence in a northerly direction along the centerline of said unnamed tributary being also a portion of the easterly boundary of Enumeration District 233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly direction to the intersection of the centerline of an unnamed road at its easternmost point as shown on the Official 1980 Census Map, thence along the centerline of said unnamed road inn westerly direction to its intersection with the centerline of County Road 105, thence In a northerly direction along the centerline of County Road 105 to Its intersection with the centerline of County Road 30, thence with the centerline of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the center of an unnamed tributary to Voshell Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell Pond and Tidbury Creek to its intersection with the centerline of County Road 357 extended at Lebanon, thence with the centerline of County Road 357 extended and County Road 357 in an easterly direction to its intersection with the southern boundary of the lands of the United States of America, known as Air Base Housing, thence with the boundary of the lands of the United States of America, known as Air Base Housing, thence with the boundary of the lands of the United States of America southeasterly, northerly and northeasterly to its intersection with the centerline of U.S. Route 113, thence with the centerline of U.S. Route 113 In a southeasterly direction to its intersection with the centerline of State Route 9, thence with the centerline of State Route 9 In a northerly direction to is intersection with County Road 348, thence with the centerline of County Road 348 to its intersection with lands of the United States of America, known as Dover Air Force Base, thence in a northerly, westerly, southerly, westerly, southerly and westerly direction with the lands of the United States to its intersection with the centerline of U.S. Route 113, thence with the centerline of U.S. Route 113 in a northwesterly direction to its intersection with the southerly boundary of the City of Dover as of June 30, 1981, thence southwesterly along the centerline of the City of Dover boundary to a point in the centerline of U.S. Route 113-A, thence in a southerly direction to a point where the centerline of U.S. Route 113-A intersects with the centerline of State Route 10, thence in a westery direction along the centerline of State Route 10, to its intersection with the centerline of U.S. Route 13, thence in a northerly direction along the centerline of U.S. Route 13 to its intersection with the centerline of Issac Branch, which Is also the northern boundary of the Town of Camden, thence in a westerly direction along the meanderings of Issac Branch crossing its Intersection with County Road 190 (New Burton Road), Conrail Railroad tacks and County Road 195, thence continuing along the northwesterly, westerly and southwesterly boundary of the Town of Wyoming to its intersection with the centerline of County Road 52, thence in a westerly direction along the centerline of County Road 52, to its intersection with the center of Almshouse Branch which is the point and place of beginning.

(6) Sixth Levy Court District - The Sixth Levy Court District shall comprise: ALL that portion of Kent County in Mispillion, South Murderkill and North Murderkill Hundreds lying within the following boundaries: BEGINNING at a point on the centerline of the boundary between the State and State of Maryland which intersects with the centerline of the boundary between (Cent County and Sussex County and continuing in an easterly direction, to the center line of U.S. Route 13 thence northerly along the centerline of U.S. Route 13 to its intersection with the centerline of County Road 116, thence with the centerline of County Road 116, In an easterly direction to its intersection with the centerline of County Road 434, thence northerly and northeasterly with the centerline of County Road 434 to its intersection with the centerline of County Road 429, thence northerly with the centerline of County Road 429 crossing the Conrail Railroad tracks and County Roads 432, 431, 430 to its intersection with the centerline of County Road 35, thence northeasterly with the center line of County Road 35 to its interseetion with County Road 388, thence northwesterly to its intersection with the centerline of County Road 33, thence with the centerline of County Road 33 In a northwesterly direction to its intersection with the centerline of County Road 371, thence In a southwesterly direction along the centerline of County Road 371 to its intersection with U.S. Route 13, thence in a northerly direction with the centerline of U.S. Route 13 to a point in the center of Hudson Branch, thence westerly and southwesterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268 as shown on the Official 1980 Census Map, to Its intersection with the center line of the Conrail Railroad tracks, thence southerly along the center line of the Conrail Railroad tracks to its intersection with the center line of County Road 239, thence westerly with the center line of County Road 239 to the center of a power line as shown on the Official 1980 Census Map, thence with the center of said power line in a northerly direction to its intersection with the center of Hudson Branch, thence westerly with the center of Hudson Branch, also being the northerly boundary of Enumeration District 269 as shown on the Official 1980 Census Map, to its Intersection with the center line of County Road 239, thence northwesterly along the center line of County Road 239 to Its intersection with the center line of County Road 108, thence northwesterly along the center line of County Road 108 to its intersection with the center line of County Road 109, thence northeasterly with the center line of County Road 109 to its intersection with the center line County Road 235, thence northerly along the center line of County Road 235 to its intersection with the center line County Road 236, thence easterly along the center line of County Road 2313 to its intersection with the center of an unnamed branch of Tidbury Creek being also the westerly boundary of Enumeration District 262 as shown on the Official 1980 Census Map, thence northerly along the meanderings of said branch to Its intersection with the center line of County Road 232, thence northwesterly along the center line of County Road 232 to a power line which is also the northwesterly boundary of Enumeration District 2/32 as shown on the Official /980 Census Map, thence northeasterly along the northwesterly boundary of Enumeration District 262 to its intersection wih the center line of County Road 125, thence northerly along the center line of County Road 125 to its intersection with the center line of an unnamed road, thence in n westerly direction along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center of a tributary of Almshouse Branch, thence northwesterly along the center of said tributary to IN intersection with the center of Almshouse Branch, thence northerly along the center of Almshouse Branch, also being the westerly boundary of Enumeration District 200 as shown on the Official 1980 Census Map, to its intersection with the center line of County Road 52, thence westerly with the center line of County Road 52 to its intersection with the center line of County Road 73 at liazlettville, thence in a northeasterly direction along the centerline of County Road 73 to Its intersection with the centerline of County Road 101, thence in a northerly direction along the centerline of County Road 101 crossing State Route 8 to its intersection with County Road 171, thence in n northwesterly direction along the centerline of County Road 171 to its intersection with the centerline of State Route II and the centerline of County Road 98, thence southwesterly with the centerline of County Rom] 98 crossing County Road 175 to Its intersection with the centerline of State Route 44, thence northwesterly with the centerline of State Route 44 to its intersection with the centerline of State Route 300 at Everett's Corner, thence in a westerly direction along the centerline of State Route .300 to the centerline of the boundary between the State and the State of Maryland, thence in a southerly direction following the centerline of the boundary between the State and the State of Maryland through the Town of Marydel and continuing in a southerly direction to the point where the said boundary intersects with the centerline of the common boundary of Kent County and Sussex County, which is the point and place of beginning.

(7) The boundaries of the Seventh Levy Court District shall comprise of all of Kent County."

Section 2. Amend 54103(a), Chapter 41, Title 9, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) In Kent County, the governing body shall consist of seven elected officials, one from each of the representative districts as were in effect at the election of 1980, with certain minor changes in the lines so as to comply with the one man one vote requirement, as described in Section 4102(b) of this chapter, together with one elected official from the County as a whole. Each such official must be a resident or the Levy Court district from which he is elected, a citizen of the United States, n qualified elector of the County and be elected by a majority vote of the qualified voters of the district. The term of office shall be for 4 years. The Levy Court commissioners elected in the election of 1980 from the old 30th, 31st and 34th representative districts, now the 1, 3 and 5 Levy Court districts shall continue to serve out the unexpired portion of their terms and shall represent the 1, 3 and 5 Levy Court districts until the first Tuesday in January 085. Levy Court Commissioners for the old 32, 33 and 35th representative districts now the 2, 4, and 8th Levy Court Districts together with the Levy Court Commissioner for the County as a whole, shall be elected for 4 year terms at the election in 1982. At each subsequent election, the Levy Court Commissioners elected shall serve for a 4 year term."

Approved October 23, 1981.