CHAPTER 44

FORMERLY

HOUSE BILL NO. 98

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 53, CHAPTER 42, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" RELATING TO TAXES, DEBTS, CONTRACTS AND FINANCING.

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 Section 4(A), Volume 53, Chapter 42, Laws of Delaware, as amended, by striking the figure “$5,000,000,000” as it appears therein and substituting in lieu thereof “$5,000,000”.

Section 2. Amend Section 14, Volume 53, Chapter 42, Laws of Delaware, as amended, by adding a new subsection “9” to read as follows:

“9. Contracts in which the City Council directly contracts for the procurement of labor or material for public improvements for the benefit of a special development district or a tax increment financing district created or designated by the Council. The provision includes a contract between the City Council and an owner of real property located in a special development district or tax increment financing district which provides for the transfer to the City Council from the owner of work performed by and the cost of labor or materials provided by the owner for the benefit of the district.”.

Section 3. Amend Section 14, subsection (1), Volume 53, Chapter 42, Laws of Delaware, as amended, by striking the figure “Ten Thousand Dollars ($10,000.00)” as it appears therein and substituting in lieu thereof “Twenty-five Thousand Dollars ($25,000)”.

Section 4. Amend Section 27, Volume 53, Chapter 42, Laws of Delaware, as amended, by adding a new subsection “(T)” to read as follows:

“(T) The provisions of this Section shall apply to all special ad valorem taxes and special taxes levied by the Town Council pursuant to Section 34A, provided that all references to this Section to an Annual Tax List shall, for all purposes relating to such special ad valorem taxes and special taxes, be deemed to refer to the Tax List showing the amounts of special ad valorem taxes or special taxes levied against the real property within a special development district.”.

Section 5. Amend Section 27(A), Volume 53, Chapter 42, Laws of Delaware, as amended, by striking the figure “$2,000,000” as it appears therein, and substituting in lieu thereof “$5,000,000”.

Section 6. Amend Section 35, Volume 53, Chapter 42, Laws of Delaware, as amended, by adding a new subsection “(H)” to read as follows:

“(H) All provisions of this Section and any other Section of this Charter limiting the amounts of indebtedness to be incurred or taxes to be levied by the City Council shall not apply to any indebtedness incurred or any special ad valorem taxes, special taxes, or ad valorem taxes levied pursuant to or in connection with Section 37A of this Charter.”.

Section 7. Amend Section 37, Volume 53, Chapter 42, Laws of Delaware, as amended, by striking “Seven Hundred Fifty Thousand Dollars ($750,000)” as it appears therein and substituting in lieu thereof “Two Million Dollars ($2,000,000)”.

Section 8. Amend Section 37A, Volume 53, Chapter 42, Laws of Delaware, as amended, by redesignating existing Section “37A” as new Section “37B” and establishing a new Section “37A” to read as follows:

“Section 37A. Tax Increment Financing and Special Development District.

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

Section 9. If any provision of this Act or the application thereof to any person at circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.

Approved June 18, 2007