CHAPTER 194

FORMERLY

HOUSE BILL NO. 383

AN ACT TO AMEND CHAPTER 217, VOLUME 24, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF MILLVILLE", AS AMENDED, TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF MILLVILLE AND TO PROVIDE A PROCEDURE FOR FUTURE ANNEXATION.

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. Section 1, Chapter 217, Volume 24, Laws of Delaware, As Amended, is hereby amended to extend the boundaries of the Town of Millville to include the territory bounded and described as follows:

"TRACT I

BEGINNING at a point located on the southeasterly R.O.W. of County Road 349 on the Town of Millville line as scaled from current Sussex County Tax Map #1-34-12;

THENCE along a curve to the right, by and with the southeasterly R.O.W. of County Road 349, having a radius of 1065.25 feet, a central angle of 003 degrees 38 minutes 05 seconds, an arc length of 67.58 feet, and a chord which bears North 46 degrees 27 minutes 34 seconds East to an iron pipe;

THENCE with a curve to the right having a radius of 25.00 feet, a central angle of 093 degrees 01 minutes 06 seconds, an arc length of 40.59 feet, and a chord which bears South 85 degrees 12 minutes 51 seconds East to an iron pipe;

THENCE along a curve to the left, by and with the southwesterly R.O.W. of East Millstone Lane, having a radius 139.11 feet, a central angle of 037 degrees 27 minutes 48 seconds, an arc length of 90.96 feet, and a chord which bears South 57 degrees 26 minutes 14 seconds East to an iron pipe;

THENCE South 76 degrees 10 minutes 06 seconds East a distance of 186.55 feet to an iron pipe;

THENCE along a curve to the right having a radius of 246.85 feet, a central angle of 025 degrees 00 minutes 36 seconds, an arc length of 107.75 feet, and a chord which bears South 63 degrees 39 minutes 49 seconds East to an iron pipe;

THENCE along a curve to the right having a radius of 25.00 feet, a central angle of 090 degrees 00 minutes seconds, an arc length of 39.27 feet, and a chord which bears South 06 degrees 09 minutes 30 seconds East to an iron pipe;

THENCE South 38 degrees 50 minutes 30 seconds West, by and with the northwesterly R.O.W. of Doc's Place, a distance of 72.00 feet to an iron Pipe;

THENCE along a curve to the right having a radius of 475.00 feet, a central angle of 018 degrees 59 minutes 24 seconds, an arc length of 157.43 feet, and a chord which bears South 48 degrees 20 minutes 12 seconds West to an iron pipe;

THENCE South 57 degrees 49 minutes 54 seconds West a distance of 110.00 feet to an iron pipe;

THENCE along a curve to the left having a radius of 315.00 feet, a central angle of 000 degrees 19 minutes 23 seconds. an arc length of 1.78 feet, and a chord which bears South 57 degrees 40 minutes 12 seconds West to a point;

THENCE North 27 degrees 40 minutes 14 seconds West, by and with the Town of Millville line as scaled from current Sussex County Tax Map #1-34-12, a distance of 396.91 feet to the Point of Beginning, said parcel contains 2.09 Acres of land, being the same, more or less.

TRACT 2 - Beebe Medical Center

BEGINNING at a point located on the northerly R.O.W. of State Rt. 26, said point being a corner for this parcel and lands N/F Renal F. Bryner, Jr., et ux.;

THENCE North 64 degrees 40 minutes 06 seconds West, by and with the northerly R.O.W. of State Rt. 26, a distance of 450.00 feet to a point;

THENCE along a curve to the right, by and with the southeasterly R.O.W. of Doc's Place, having a radius of 25.00 feet, a central angle of 090 degrees 00 minutes 00 seconds, an arc length of 39.27 feet, and a chord which bears North 19 degrees 40 minutes 06 seconds West to a point;

THENCE along a curve to the right having a radius of 265.00 feet, a central angle of 032 degrees 30 minutes 00 seconds, an arc length of 150.32 feet, and a chord which bears North 41 degrees 34 minutes 54 seconds East to a point;

THENCE North 57 degrees 49 minutes 54 seconds East a distance of 110.00 feet to a point of curve;

THENCE along a curve to the left having a radius of 525.00 feet, a central angle of 018 degrees 59 minutes 24 seconds, an arc length of 174.00 feet, and a chord which bears North 48 degrees 20 minutes 12 seconds East to a point;

THENCE South 37 degrees 00 minutes 00 seconds East, by and with Lots 52, 51, 50 and 49, Creekside Subdivision, a distance of 256.11 feet to a point;

THENCE South 64 degrees 40 minutes 06 seconds East, by and with Lots 49 and 48, a distance of 100.00 feet to an iron pipe;

THENCE South 29 degrees 09 minutes 35 seconds West, by and with lands N/F Renald F. Bryner, Jr., et ux., a distance of 301.34 feet to the Point of Beginning, said parcel contains 3.41 Acres of land, being the same, more or less."

Section 2. This annexation shall become effective upon recording of the description and a plot of the territories so annexed in the Office of the Recorder of Deeds, in and for Sussex County. The territories considered for annexation shall be considered to be a part of the Town of Millville from the time of recordation; the failure to record a description or plot of the territories so annexed within ninety (90) days of the effective date of the remainder of this Act shall make the annexation invalid.

Section 3. Section 1, Chapter 217, Volume 24, Laws of Delaware, As Amended, is further amended by adding at the end of the existing section the following:

"ANNEXATION OF TERRITORY

Section 1. In the event it becomes feasible and necessary in the future for The Town of Millville to enlarge 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 a territory contiguous to the then existing corporate limits and territory of The Town of Millville, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Commissioners to annex that certain territory in which they own property, the President of The Town of Millville shall appoint a Committee composed of not less than three (3) of the elected members of the Town Commissioners to investigate the possibility of annexation. The Petition presented to the Town Commissioners 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 President, as aforesaid, the Committee shall submit a written Report containing its findings and conclusions to the President and Commissioners of Millville. The Report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Millville 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 President concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Commissioners of Millville may then pass a second Resolution annexing such territory to The Town of Millville. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Commissioners. In the event that the Committee appointed by the President 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 Millville.

(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 Millville by written Petition with the signature of each such Petitioner duly acknowledged shall request the Town Commissioners to annex that certain territory in which they own property, the President of The Town of Millville shall appoint a Committee composed of not less than three (3) of the elected members of the Town Commissioners to investigate the possibility of annexation. The Petition presented to the Town Commissioners shall include a description of the territory requested to be annexed and the reasons for the requested annexation. In the alternative the Town Commissioners, 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 Commissioners be appointed by the President to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Millville.

(1) Not later than ninety (90) days following its appointment by the President, as aforesaid, the Committee shall submit a written Report containing its findings and conclusions to the President and the Town Commissioners of Millville. The Report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Millville 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 President concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, within thirty (307 days after receiving a report, a second Resolution shall then be passed by the Town Commissioners proposing to the property owners and residents of both The Town of Millville and the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its then limits and territory. In the event that the Committee appointed by the President concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the Resolution proposing annexation to the property owners and residents shall require the affirmative vote of two-thirds (2/3) of all the elected members of the Town Commissioners. If the Resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the Town Commissioners, 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 Commissioners setting forth the above information shall be printed in a newspaper having a general circulation in The Town of Millville at least one (1) week prior to the date set for the public hearing, or, at the discretion of the Town Commissioners, the said Resolution shall be posted in four (4) public places both in The Town of Millville and in the territory proposed to be annexed.

(2) 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 Commissioners ordering a Special Election to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. Passage of this Resolution shall ipso facto be considered the determination of the Town Commissioners to proceed with the matter of the proposed annexation.

(3) The notice of the time and place of said Special Election shall be printed within thirty (30) days immediately preceding the date of this Special Election in at least two (2) issues of a newspaper having a general circulation In The Town of Millville, or, in the discretion of the Town Commissioners, the said notice may be posted in four (4) public places, both in The Town of Millville and in the territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special Election.

(4) At the Special Election, every property owner, whether an individual, partnership or a corporation both in The Town of Millville and in the territory proposed to be annexed shall have one (1) vote. Every citizen of either The Town of Millville or of the territory proposed to be annexed over the age of eighteen (18) years who is not a property owner shall have one (1) vote. In the case of property owned by more than one (1) person, firm or corporation or any combination thereof whether as tenants in common, joint tenants, or as tenants by the entireties, each such joint owners shall have one (1) vote. In the event that a person owns property or has an ownership interest in property both in The Town of Millville and in the territory proposed to be annexed and resides in either place, he may vote only where he resides. In the event that a person owns property both in The Town of Millville and in the territory proposed to be annexed but does not reside in either place, he may vote only in The Town of Millville and not in the territory proposed to be annexed. 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 Millville in the case of property owners and citizens of the Town and the books and records of the Board of Assessment of Sussex County in the case of property owners and residents of the territory proposed to be annexed shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election.

(5) In the event that an individual holds an unrevoked Power of Attorney duly executed specifically authorizing the said individual to vote at the said Special Election, an executed copy of the Power of Attorney shall be filed in the Office of The Town of Millville. Said Power of Attorney so filed shall constitute conclusive evidence of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election.

(6) The Town Commissioners of The Town of Millville 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.

(7) The President of The Town of Millville shall appoint three (3) persons to act as a Board of Special Election, at least one (1) of whom shall own property in The Town of Millville and at least one (1) of whom shall own property in the property proposed to be annexed. One (1) of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The Board of Special Election 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 who are authorized to vote as residents or property owners of The Town of Millville 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 five o'clock in the afternoon, 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 of the closing of the polls.

(8) 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 Commissioners of The Town of Millville. Said Certificate shall be filed with the papers of the Town Commissioners.

(9) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from The Town of Millville 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 said Special Election. If a favorable vote for annexation shall have been cast, the Town Commissioners of The Town of Millville 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 Sussex 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 Millville from the time of recordation. The failure to record the description or 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.

(c) If the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books of the Board of Assessment of Sussex County, no election shall be necessary and the Town Commissioners of The Town of Millville 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 Commissioners 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 President of the Town of Millville shall appoint a committee composed of not less than three (3) of the elected members of the Town Commissioners to investigate the possibility of annexation. Not later than ninety (90) days following its appointment by the President, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the President and Town Commissioners of Millville. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Millville 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 President concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Commissioners of Millville may then pass a second Resolution annexing such territory to The Town of Millville. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Commissioners. In the event that the Committee appointed by the President 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 Commissioners. 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 Commissioners of The Town of Millville 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 Sussex 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 Millville from the time of recordation. The failure of the Town Commissioners to record the description and plot within the time hereinbefore 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."

Approved March 24, 1994.