CHAPTER 235

FORMERLY

HOUSE BILL NO. 363

AN ACT TO AMEND CHAPTER 50, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CHARTER OF THE TOWN OF VIOLA.

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 Chapter 50, Volume 57, Laws of Delaware, as amended, by redesignating present Section 22 as new Section 23, and by redesignating each succeeding section accordingly.

Section 2. Amend Chapter 50, Volume 57, Laws of Delaware, as amended, by adding thereto a new section, designated as Section 22, which new section shall read as follows:

"Section 22. (a) The Town of Viola shall have the power to annex territory, adjacent to or contiguous with adjoining the boundaries of the town. The procedure for such annexation shall be as follows:

(1) Annexation may be initiated by an Annexation Resolution, adopted by the Board at a regularly-scheduled meeting of the Board, recommending that certain specifically described territory be annexed.

(2) Annexation may be initiated by an Annexation Petition to the Board, signed by a majority of owners of the territory to be annexed, and requesting that certain specifically described territory be annexed.

(3) Any Annexation Resolution or Petition shall contain a clear description of the territory proposed for annexation, together with a survey of such territory.

(4) The words and phrases defined in §101A, Title 22 of the Delaware Code, when used in this Section, shall have the same meaning ascribed to them in said §101A, except where the context clearly indicates a different meaning. The words "adjacent to, or contiguous with or adjoining the boundaries of the town" also include any lot, piece or parcel of property proposed for Annexation which, although not adjoining a boundary of the town, nevertheless adjoins or is contiguous to other real property which is proposed for annexation.

(5) The Annexation Resolution or Petition shall be discussed and voted upon during at least one regularly-scheduled meeting of the Board; and each Commissioner shall, prior to such meeting, be provided with a copy of a legal description and a formal survey of the territory proposed for annexation. The Board shall not be bound by the terms of any annexation petition, and may amend or modify the boundaries proposed in the petition.

(6) If the Board adopts an Annexation Resolution, such resolution shall contain a legal description of the territory proposed by the Board for annexation. The annexation of such territory as proposed by the Board shall be subject to an Annexation Referendum. The President of the Board shall, within thirty to sixty days immediately following enactment of the resolution, provide public notice of the adoption of such Resolution to each qualified voter residing in the territory, and to each person with an ownership interest in any part of such territory; and shall include the date and place for the Annexation Referendum. The President may also give notice of the proposed annexation to residents of the Town. Such public notice may be provided by first class mail; by formal notice published in a newspaper having general circulation within the Town and in the territory; or by a posting of said notice at four public places within the territory proposed for annexation. Additional notice to residents of the Town may be by a posting at four public places within the Town. Such newspaper notice shall be published at least twice, once in the week immediately preceding the week of the Referendum.

(7) Each qualified voter residing in the territory proposed for annexation and each person having an ownership interest in any real property within such territory, shall be entitled to one vote only. The referendum shall be conducted in the same manner as is set forth in the applicable provisions for elections held under Section 4 of this Charter.

(8) The Board may, in its discretion, also provide for an Annexation Referendum for the residents of the Town, to be held at the same time as the referendum within the territory to be annexed. Where there is also a referendum within the Town, the President shall notify the residents in the same manner as set forth in paragraph (6) above for residents of the territory. If the proposed annexation is not approved by both referenda, the territory shall not be annexed.

(9) If the annexation is approved in accordance with this Section, a deed or deeds containing an accurate metes-and-bounds description of such territory, and conveying said territory to the Town, shall be recorded in the same manner as other deeds conveying lands; and such territory shall become part of the Town of Viola immediately after the Town Charter is amended to reflect the addition of such territory.

Approved March 25, 2002