CHAPTER 9

FORMERLY

SENATE BILL NO. 54

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING.

WHEREAS, it is deemed advisable that the Charter of the Town of Wyoming, contained in Chapter 189, Volume 43, Laws of Delaware, as amended, be in certain respects amended and revised.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Howe thereof concurring therein):

Section 1. Amend 43, Delaware Laws, Chapter 189 by adding a new Section 43 to read as follows:

"ANNEXATION OF TERRITORY

In the event it becomes feasible and necessary in the future for the Town of Wyoming to large its then existing limits and territory, such annexation accomplished pursuant to the following procedures shall be lawful:

(a) If all of the property owners of the territory contiguous to the then existing corporate limits and territory of The Town of Wyoming, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they own property, the Mayor of the Town of Wyoming shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. Territory which is otherwise contiguous except for its separation from the corporate limits and territory of The Town of Wyoming by public roadway, street, thoroughfare, easement or right-of-way shall be deemed contiguous for purposes of annexation under this Charter. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its finding and conclusions to the Mayor and Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommenation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Wyoming may then pass a second Resolution annexing such territory to The Town of Wyoming. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the procedure to be followed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or more property owners but less than all the property owners of a territory contiguous to the then limits and territory of the Town of Wyoming.

(b) If five (5) or more property owners, but less than all of the property owners of a territory contiguous to the then limits and territory of The Town of Wyoming by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they own property, the Mayor of the Town of Wyoming shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the Town Council, by majority vote of the elected members thereof may, by resolution; propose that a committee composed of not less than three (3) of the elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Wyoming.

(c) Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town

and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Town Council proposing to the property owners and residents of both The Town of Wyoming and the territory proposed to be annexed that the Town annex certain territory contiguous to its then limits and territory. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the Committee, the Resolution proposing annexation to the property owners and residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds (2/3) of the elected members of the Town Council. If the Resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one (1) year from the date that the Resolution failed to receive the required affirmative vote. The second Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted by the Town Council setting forth the above information shall be printed in a newspaper having a general circulation in The Town of Wyoming at least one (1) week prior to the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall be posted in four (4) public places both in The Town of Wyoming and in the territory proposed to be annexed.

(d) Following the public hearing, but in no event later than thirty (30) days thereafter, a Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) nor more than sixty (60) days after the said public bearing on the subject of the proposed annexation. Passage of this Resolution shall ipso facto be considered the determination of the Town Council to proceed with the matter of the proposenexation.

(e) The notice of the time and place of the said Special Election shall be printed within thirty (30) days immediately proceeding the date of this Special Election in at least two (2) issues of a newspaper having a general circulation in The Town of Wyoming, or, in the discretion of the Town Council, the said notice may be posted in public places, both in The Town of Wyoming and in the territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special Election.

(f) At the Special Election, every citizen of either The Town of Wyoming or of the territory proposed to be annexed over the age of eighteen (18) years shall have one (1) vote. Every owner of property within either The Town of Wyoming or in the territory proposed to be annexed who is not a citizen therein; whether an individual partnership or a corporation, shall have one (I) vote. In the cases of jointly owned property the votes of the owners of shares therein shall be in accordance with their respective shares or, if all owners appear at the polls and so consent, all of the votes may be cast by the owner of any share. Life tenants shall have the entire vote as to the property so held and holders of remainder interest only shall have no vote by reason thereof. In no event shall any person be entitled to more than one (I) vote. Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The Town of Wyoming in the case of property owners and citizens of the Town and the books and records of the Board of Assessment of Kent County, in the case of property owners and residents of the territory to be annexed, shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election.

(g) In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically authorizing the said individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed with the Town Council of The town of Wyoming. Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election.

(h) The Town Council of The Town of Wyoming shall cause voting machines to be used in the Special Election, the form of ballot to be printed as follows:

For the proposed annexation Against the proposed annexation

(I) The Mayor of The Town of Wyoming shall appoint three (3) persons to act as a Board of Special Elections, at least one (I) of whom shall own property in The Town of Wyoming and at least one (I) of whom shall own property in the property proposed to be annexed. One (I) of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted Ina public place as designated by the Resolution calling the Speciai Election. The Board of Special Elections shall have available, clearly marked, two (2) voting machines. All votes cast by those persons, partnerships or corporations authorized to vote as residents or property owners In the territory proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by those persons, partnerships, or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall he accomplished on one such voting machine and all ballots cast by those persons, partnerships, or corporation who are authorized to vote as residents or property owners of The Town of Wyoming shall be accomplished on the other such voting machine. The polling place shall be open from one o'clock in the afternoon, prevailing time, until six o'clock of the event, prevailing time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for closing of the polls.

(j) Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a Certificate under their Hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the same to the Town Council of The Town of Wyoming. Said Certificate shall be filed with the papers of the Town Council.

(k) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from The Town of Wyoming, and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for a period of at least one (1) year from the date of the said Special Election. if a favorable vote for annexation shall have been cast, the Town Council of The Town of Wyoming shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Kent County, but in no event shall said recordation be completed more than ninety (90) days following the date of the said Special Election. The territory considered for annexation shall be considered to be a part of The Town of Wyoming from the time of recordation. The failure to record the description of the plot within the specified time shall not make the annexation Invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the favorable Special Election.

(1)1f the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books on the Board of Assessment of Kent County, no election shall be necessary and the Town Council of The Town of Wyoming may proceed to annex such territory by receiving a certified copy of a Resolution requesting such annexation, if such property is owned by a corporation, or by a written Petition with the signature of each such Petitioner duly acknowledged, if such property is owned by an individual, requesting the Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the Petition shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of The Town of Wyoming shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. No later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Wyoming may then pass a second Resolution annexing such territory to The Town of Wyoming. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected rnembers of the Town Council. In the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected members of the Town Council. If the Resolution fails to receive the required number of votes, no part of the territory proposed for annexation shall again be proposed for annexation for a period of one (1) year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the Town Council of The Town of Wyoming shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds in and for Kent County, and in no event shall such recordation be completed more than ninety (90) days following the passage of the Resolution. The territory considered for annexation shall be considered to be a part of The Town of Wyoming from the time of recordation. The failure of the Town Council to record the description and plot within the time hereinbeforc specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the passage of the Resolution."

Section 2. All Acts or parts of Acts inconsistent with or In conflict with the provisions of this Charter Amendment be and the same arc hereby repealed to the extent of any such inconsistency.

If any part of this Charter Amendment shall be unconstitutional or invalid by a Court of competent jurisdiction, such holding shall not be deemed to invalidate the remaining provisions of this Charter.

Approved February 2, 1983