CHAPTER 32

FORMERLY

HOUSE BILL NO. 157

AN ACT TO AMEND CHAPTER 237, VOLUME 51, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE", TO PROVIDE FOR AN EXCEPTION TO COMPETITIVE BIDDING FOR CERTAIN CONTRACTS IN CONNECTION WITH MUNICIPAL TAX INCREMENT FINANCING AND MUNICIPAL SPECIAL DEVELOPMENT DISTRICTS.

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 237, Volume 51, Laws of Delaware, as amended, by adding a paragraph at the end of Section 32 to read as follows:

“Notwithstanding the foregoing provisions of this Section 32 and without complying with the competitive bidding procedures described above, the Commissioners may enter into any contract necessary or desired in connection with a special development district or tax increment financing district created or designated by the Commissioners pursuant to Section 29A hereof except a contract in which, the Commissioners are directly contracting for the procurement of the labor or material for public improvements for the benefit of such district, provided that the foregoing exception shall not apply to development or similar type contracts between the Commissioners and an owner of real property in such district when the contract is generally for the transfer by the owner to the Commissioners of the work performed and the cost of labor or material provided by such owner for the benefit of such district.”.

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or applications, and to that end the provisions of this Act are declared to be severable.

Approved May 17, 2005