CHAPTER 428

FORMERLY

SENATE BILL NO. 430

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 156, VOLUME 61 LAWS OF DELAWARE AS AMENDED, ENTITLED, AN ACT TO REINCORPORATE THE CITY OF MILFORD" RELATING TO VARIOUS MISCELLANEOUS MATTERS TO INCLUDE INCREASE CONTRACT LIMITS, MEETINGS AND MEMBERS OF COUNCIL, MUNICIPAL ELECTIONS, ANNEXATION, CHANGE OF MUNICIPAL DISTRICTS AND REALTY TRANSFER TAX.

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

Section 1. Amend Article I, Section 1.01(B)(1), Chapter 156, Volume 61, Laws of Delaware by deleting "$5,000.00" and substituting in lieu thereof, "$10,000.00."

Section 2. Amend Article II, Section 2.04 Chapter 156, Volume 61, Laws of Delaware by deleting from the first sentence of the second paragraph the word "Tuesday" and substituting in lieu thereof the word "Monday".

Section 3. Amend Article II, Section 2.05(C), Chapter 156, Volume 61, Laws of Delaware by deleting from the first sentence and the second sentence the words "Sixty (60) days" and substituting in lieu thereof One (1)" year.

Section 4. Amend Article II, Section 2.12(b), Chapter 156, Volume 61, Laws of Delaware by deleting the word "again".

Section 5. Amend Article IV, Section 4.02, Chapter 156, Volume 61, Laws of Delaware by deleting in the first sentence the words "at the annual meeting hereinbefore provided."

Section 6. Amend Article VII, Section 7.01(A), Chapter 156, Volume 61, Laws of Delaware by deleting the words "eight o'clock (8:00) in the morning" and substituting in lieu thereof, "twelve (12) noon".

Section 7. Amend Article VII, Section 7.01(B), Chapter 156, Volume 61, Laws of Delaware by deleting the words "three citizens" and substituting in lieu thereof, no less than three nor more than five citizens" and by deleting the words, "last regular" and substituting in lieu thereof "regular March".

Section 8. Amend Article VII, Section 7.01(H), Chapter 156, Volume 61, Laws of Delaware by deleting in the first and second sentences the words "Ten (10) days" and substituting in lieu thereof the words "Thirty (30) days".

Section 9. Amend Article VII, Section 7.06(C)(1), Chapter 156, Volume 61, Laws of Delaware by deleting the period at the end of the sentence and adding the following, "or other natural boundaries or survey lines as required."

Section 10. Amend Article X(b), Paragraph 9, Chapter 156, Volume 61, Laws of Delaware, by deleting the words "Seven o'clock in the morning" and substituting in lieu thereof "Twelve noon".

Section 11. Amend Article X(b), Chapter 156, Volume 61, Laws of Delaware by deleting in Paragraph Eleven the words, One (1) year and substituting in lieu thereof, One Hundred Eighty (180) days".

Section 12. Amend Article XIV, Chapter 156, Volume 61 Laws of Delaware by deleting Subsection C in its entirety.

Section 13. Amend the paragraph designated "Name and Territorial Limits" of the City of Milford as it appears on Page 1 of the Charter in its entirety and substitute in lieu thereof the following:

"Name and Territorial Limits

The inhabitants of the City of Milford within the corporate limits hereinafter defined in this Charter or as hereafter extended as hereinafter provided, shall be and constitute a body politic and corporate, and shall be known and identified as the "City of Milford."

The boundaries and limits of the city of Milford and hereby established and declared to be as heretofore, that is to say:

BEGINNING at Bowen Landing on the Bowen (Dorsey) farm in Kent County; thence In a direct line in a Northerly direction to the DuPont Boulevard at the intersection with it and the concrete highway leading into the City of Milford; thence continuing the same line in a northwesterly direction across the said DuPont Boulevard a distance of five hundred feet beyond the western boundary line of said Boulevard; thence in a southerly direction and parallel with and Five Hundred Feet from the Western boundary northwesterly direction across the said DuPont Boulevard a distance concrete highway to Mullet Run; thence in a northwesterly direction following said creek approximately 1,600 feet to and encompassing parcel #1, 39.14 acres more or less between Mullet Run and County Route 407, further described by a plat prepared by Charles D. Murphy, Jr. and dated January 25,:1988; thence said limits extending in westerly direction encompassing and including Parcel #2 on south side of County Route 407, and east of State Route 15 containing 91.06 acres more or less; thence north of County Road 407 and east of State Route 15 and including Parcel #3 containing 108.57 acres more or less; thence west of State Route 15 to include Parcel #4 containing 187.99 acres more or less bounded to the south by State Route 14 and to the north by County Route 404 said parcels being described on the referenced plat; thence south of Parcel #1 and Mullet Run to contain the Masten Industrial Park having, right of way to State Route 14, thence in a southerly direction and parallel with and Five Hundred Feet from the Western boundary of DuPont Boulevard to the Haven Lake; thence across said lake to the north side of Evergreen Lane; thence along the north side of Evergreen Lane to the intersection of the north side of Evergreen Lane and a line parallel with and Five Hundred Hundred Feet from the western boundary of the said DuPont Boulevard; and thence continuing with said line to the Southern or Southeastern line of what is known as the William T. Simpson property; thence in a Northerly direction in a direct line to the bridge over the stream of water known as the Deep Branch (which bridge crosses said stream on the County Road leading to the Town of Lincoln); thence following the course of the aforesaid Deep Branch to the Lake known as Marshall Mill Pond; thence down the course of water or stream running from said Marshall MI11 Pond to the Mispillion River; thence following the course of said River to Bowen Landing aforesaid.

In addition to the aforesaid, the Territorial Limits of the City of Milford shall also include all lands annexed by the City of Milford pursuant to Article X.

The Council may, at any time hereafter, cause a survey and plot to be made of said City, and the said plot, when made and approved by said Council, shall be recorded in the offices of the Recorders of Deeds in and for both Kent and Sussex Counties, State of Delaware, and the same, or the record thereof, or a duly certified copy of said record shall be evidence in all courts of law and equity in this State.

WARDS

The City of Milford shall initially be divided into four Wards: The First Ward shall consist of ail the territory within the City limits as follows: Beginning at a point In the center of the intersection of Deep Branch and Business Route 1; thence along the centerline of Business Route 1 in a northerly direction to the point of intersection of Southeast Second Street; thence westerly by the centerline of Southeast Second Street to the point of its intersection with McColley Street; thence by the centerline of McColley Street in a northerly direction to the point of its intersection with Southeast Front Street; thence by the centerline of Southeast Front Street, in a westerly direction to its point of intersection with South Walnut Street; thence by the centerline of South Walnut Street in a southerly direction to the corporate limits of the City; thence along the corporate limits In a northeasterly direction to the Intersection of the corporate limit with Deep Branch; thence along the center of the meanderings of Deep Branch in a northeasterly direction through the run of Marshall Mill Pond to its intersection with Business Route 1.

The Second Ward shall consist of all territory within the City limits as follows: Beginning at a point in the intersection of North Walnut Street and Northwest Front Street; thence along the centerline of Northwest Front Street in a westerly direction to the point of its intersection with U.S. Route 113; thence along the centerline of U.S. Route 113 in a southerly direction to the point of its intersection with North Shore Drive; thence westerly by the centerline of North Shore Drive to its point of intersection with the western limits of the City (a distance of five hundred feet west of the western boundary of U.S.- Route I13;) thence southerly (in a line parallel to and five hundred feet from the westerly boundary of U.S. Route 113) along the westerly boundary of the City to the shore of Haven Lake; thence westerly following along the shoreline of said Lake to the north side of Evergreen Lane; (thence along the north side of Evergreen Lane to the intersection of Evergreen Lane and a line parallel with and five hundred feet west of the western boundary of U.S. Route 113;) thence continuing In a southerly direction along the western boundary line of the City to the southern or southeasterly line of what is known as the William I. Simpson property; thence in a northeasterly direction along the corporate limits of the City in a direct line to the intersection of the corporate limit and the centerline of South Walnut Street; thence north by the centerline of South Walnut street to the intersection of Northwest Front Street.

The Third Ward shall consist of all territory within the City limits as follows: Beginning at a point in the center of the intersection of Deep Branch and Business Route 1; thence along the centerline of Business Route 1 in a northerly direction to the point of intersection of Southeast Second Street; thence westerly by the centerline of Southeast Second Street to the point of its intersection with McColley Street; thence by the centerline of McColley Street in a northerly direction to the point of its intersection with Southeast Front Street; thence by the centerline of Southeast Front Street in a westerly direction to its point of intersection with South Walnut Street; thence by the centerline of Walnut Street in a northerly direction to the point where it intersects the centerline of U.S. Route 113; thence along the eastern boundary of the corporate limits of the City to Bowen Landing on the Bowen (Dorsey) Farm; thence along the course of the Mispillion River to the point where Deep Branch empties into said River; thence southerly by the course of waters in Deep Branch to the center of the intersection of Deep Branch and Business Route 1.

The Fourth Ward shall consist of all territory within the City limits as follows: Beginning at a point in the intersection of North Walnut Street and Northwest Front Street; thence along the centerline of Northwest Front Street in a westerly direction to the point of its intersection with U.S. Route 113; thence along the centerline of U.S. Route 113 in a southerly direction to the point of its intersection with North Shore Drive; thence westerly by the centerline of North Shore Drive to its point of intersection with the western limits of the City (a distance of five hundred feet west of the western boundary of U.S. Route 113); thence in a northeastern direction along the western boundary limit of the City to a point where said line would intersect the northerly boundary of the Third Ward, if extended, and as described herein; thence southeasterly along the aforesaid line of the Third Ward, if extended to the point of intersection of the centerlines of North Walnut Street and U. S. Route 113; thence by the centerline of Walnut Street to its intersection with Northwest Front Street. The City Council may provide for a fifth ward and re-arrange the boundaries of the four wards provided for herein, in the event of annexation or re-apportionment as hereinafter set forth.

Section 14. Amend Article IX, Chapter 156, Volume 61, Laws of Delaware by adding a new section as follows:

9.12: Real Estate Transfer Tax

(a) The Council shall have the power and authority by ordinance to levy, assess and collect or provide for the levying, assessment and collection of such taxes as shall be determined by the Council to be paid by the transferor or transferee upon the transfer of real property or any interest in real property, situate within the corporate limits of the City of Milford, regardless of where the instruments making the transfers are made, executed or delivered or where the instruments making the transfers are made, executed or delivered or where the actual settlements on such transfer occur; provided, however, that no tax levied under this section shall exceed on percent (1%) of the sales price (including the value of any assumed mortgage or mortgages) or fair market value of the real property so transferred; and provided further that no tax shall be levied upon an organization exempted from ad volorem real estate taxes.

(b) No ordinance providing for a tax on the transfer of real property or interest in real property authorized under this section shall become effective unless it receives and affirmative vote of two-thirds of all the elected members of the Council.

(c) If the taxing power authority granted under this section shall be exercised by way of a stamp affixed to a document presented for recording, the Recorder of Deeds in and for Sussex County shall not receive for record any documents subject to said tax unless such stamps are affixed thereto.

(d) The council may adopt an ordinance to provide for the effective administration and regulation of any tax adopted pursuant to the provisions of this section.

(e) This Section shall not become effective until it shall be approved by a majority of the qualified voters at a Special Election to be held pursuant to a Resolution adopted by the City Council of the City of Milford. The City Council shall give notice of the Special Election by printing a copy of the Resolution calling the Special Election in at least two (2) issues of a newspaper having a general circulation within the corporate limits of the City of Milford within thirty (30) days immediately preceding the date of such Special Election. At the said Special Election, every person who is a bona fide resident of the City of Milford and who would be entitled at the time of the holding of the said Special Election pursuant to the provisions of this Act to register and vote in a Municipal Election if such a Municipal Election were held on the day of the Special Election to be held pursuant to the provisions of this Act may vote at the said Special Election regardless of whether such person is registered to vote in a Municipal Election. The Special Election shall be held by a Board of Election to be appointed by the Mayor of the City of Milford at least two (2) weeks before such Special Election. The Board of Election shall consist of an inspector of the Special Election and such Judges as shall be appointed by the Mayor of the City of Milford. If a majority of the votes cast at the Special Election shall be in favor of the transfer tax authorized by this Act, the tax may be levied and collected as provided for in this Act. The Board of Election holding the Special Election shall meet immediately after the close of such Special Election to ascertain the result and shall certify the result to the City Council. The hours of the Special Election shall be from one o'clock in the afternoon, prevailing time, until five o'clock in the afternoon, prevailing time,' and such persons who are in the polling place at five o'clock in the afternoon, prevailing time, shall be entitled to vote even though such votes may be cast after five o'clock in the afternoon, prevailing time. If the majority of the votes cast at any Special Election held under this Act shall be against the levying of the tax authorized by this Act, the proposition shall not again be submitted to the qualified voters until the expiration of ninety (90) days from the date of the said Special Election.

Approved July 23, 1990.