CHAPTER 87

FORMERLY

HOUSE BILL NO. 231

AN ACT TO AMEND CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, AS AMENDED, THE CHARTER OF THE TOWN OF MILLSBORO, TO PROVIDE FOR MUNICIPAL TAX INCREMENT FINANCING AND TO PROVIDE FOR MUNICIPAL SPECIAL DEVELOPMENT DISTRICTS AND TO PROVIDE FOR AN EXCEPTION TO COMPETITIVE BIDDING FOR CERTAIN CONTRACTS IN CONNECTION WITH MUNICIPAL TAX INCREMENT FINANCING AND MUNICIPAL 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 457, Volume 60, Laws of Delaware, as amended, by inserting therein a new Section 34B to read as follows:

"§ 34B. Tax Increment Financing and Special Development Districts.

In addition to all other powers the Town Council of the Town of Millsboro may have, and notwithstanding any limitation of law, the Town Council of the Town of Millsboro shall have all powers and may undertake all actions for the purposes set forth in, and in accordance with Title 22 of the Delaware Code, Chapter 17, relating to the Municipal Tax Increment Financing Act and Chapter 18 relating to Special Development Districts.".

Section 2. Amend Chapter 457, Volume 60, Laws of Delaware, as amended, by adding a paragraph at the end of Section 15 to read as follows:

"(c) Notwithstanding the foregoing provisions of this Section 15 and without complying with the competitive bidding procedures described above, the Town Council of the Town of Millsboro 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 Town Council of the Town of Millsboro pursuant to Section 34B hereof except a contract in which the Town Council of the Town of Millsboro is 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 Town Council of the Town of Millsboro and an owner of real property in such district when the contract is generally for the transfer by the owner to the Town Council of the Town of Millsboro of the work performed and the cost of labor or material provided by such owner for the benefit of such district.".

Section 3. If any provision of this Act or the application thereof to any person at circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or applications, and to that end the provisions of this Act are declared severable.

Approved June 30, 2005