CHAPTER 189

FORMERLY

HOUSE BILL NO. 211

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 278, VOLUME 72, LAWS OF DELAWARE, AS AMENDED, THE CHARTER OF THE TOWN OF MILLVILLE, TO PROVIDE FOR MUNICIPAL TAX INCREMENT FINANCING AND MUNICIPAL SPECIAL DEVELOPMENT DISTRICTS AND FINANCING, AND TO PROVIDE FOR SPECIAL DEVELOPMENT DISTRICT FINANCING FOR ELIGIBLE PROJECTS WHETHER OWNED BY THE TOWN OF MILLVILLE OR ANY STATE AND/OR LOCAL GOVERNMENTAL ENTITY OR AGENCY, AND TO PROVIDE FOR AN EXCEPTION TO COMPETITIVE BIDDING FOR CERTAIN CONTRACTS IN CONNECTION WITH MUNICIPAL TAX INCREMENT FINANCING AND MUNICIPAL DEVELOPMENT DISTRICTS, AND TO PROVIDE FOR CERTAIN MATTERS RELATING TO COLLECTION AND LEVY OF A SPECIAL AD VALOREM TAXES, SPECIAL TAXES, AND AD VALOREM TAXES IN CONNECTION WITH SUCH 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 278, Volume 72, Laws of Delaware, as amended, by adding a new subsection 31(a)(45) to Section 31(a) thereof to read as follows:

“(45) In addition to all other powers the Town Council of the Town of Millville may have, and notwithstanding any limitation of law, the Town Council of the Town of Millville 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 and, in addition, with respect to Special Development Districts under Title 22 of the Delaware Code, Chapter 18, the term ‘municipality’ and ‘municipal’ set forth in Title 22 of the Delaware Code, Chapter 18, § 1801(2)a. and b. shall include not only the Town of Millville, but also the State of Delaware, and any agency or instrumentality thereof, and any county, and any local political subdivision, instrumentality, agency, body politic, utility district or similar entity within the State of Delaware.

Bonds are non-recourse to the Town and shall only be paid from Tax Increment Financing (TIF) or Special Development Districts (SDD) assessments permitted by 22 Del. C. Chapters 17 and 18. These bonds are non-recourse to property owners who purchase subject to a TIF or SDD. Property owners who purchase subject to a TIF or SDD shall only be responsible for TIF or SDD obligations determined by the individual assessment of their property.”

Section 2. Amend Chapter 278, Volume 72, Laws of Delaware, as amended, by adding a new subsection 14(c) Section 14 thereof to read as follows:

“(c) Notwithstanding the foregoing provisions of this Section 14 and without complying with the competitive bidding procedures described in this Section 14, the Town Council of the Town of Millville 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 Millville pursuant to Section 31(a)(45) of this Charter, except a contract in which the Town Council of the Town of Millville 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, funding or similar type contracts between the Town Council of the Town of Millville and an owner of real property in such district when the contract is generally for the transfer by the owner to the Town of Millville of the work performed and the cost of labor or material provided by such owner for the benefit of such district.”.

Section 3. Amend Chapter 278, Volume 72, Laws of Delaware, as amended, by adding a new subsection (i) paragraph to Section 29 thereof to read as follows:

“(i) The provisions of this Section 29 shall apply to all special ad valorem taxes and special taxes levied by the Town Council of the Town of Millville pursuant to Section 31(a)(45) of this Charter, provided that all references in this Section 29 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 4. Amend Chapter 278, Volume 72, Laws of Delaware, as amended, by adding a new subsection (c) Section 31 thereof to read as follows:

“(c) All provisions of this Section 31 and any other section of this Charter limiting the amounts of indebtedness to be incurred or taxes to be levied by the Town Council of the Town of Millville 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 31(a)(45) of this Charter.”.

Section 5. If any provision of this Act or the application thereof to any person at circumstance is held invalid, such in validity 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

February 01, 2008