CHAPTER 359

FORMERLY

HOUSE BILL NO. 368

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 69 AND VOLUME 74, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CHARTER OF THE CITY OF HARRINGTON.

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 115, Volume 69, Laws of Delaware, as amended, by deleting in its entirety “Section 3.2.7. Annexation Agreements” and substituting in lieu thereof a new “Section 3.2.7. Annexation Agreements” as follows:

“3.2.7. Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to § 3.1.2.1 of this Charter, annexation proceedings are initiated by a property owner(s) holding record title to real property in territory contiguous to the then existing corporate limits of the City, such petition may be made contingent upon an annexation agreement with the City which agreement may address any matters which would be relevant to the subject lands, if annexed. By way of example and not in limitation, such agreement may address zoning, subdivision approval, tax relief, public utilities, and public improvements. In the event the City Council approves such an agreement and votes to accept a petition under § 3.1.2.1 of this Charter, such annexation agreement shall be deemed a material part of the annexation.

Provided further, that no agreement made at the time of annexation under this § 3.2.7 shall extend beyond seven (7) years from the date the property is annexed into the City; and such agreements shall be null, void, and unenforceable after the expiration of said seven (7) years.".

Section 2. Amend Chapter 115, Volume 69, Laws of Delaware, as amended, by deleting “Section 5.3. Election Districts” in its entirety, and substituting in lieu thereof a new “ Section 5.3. Election Districts” as follows:

“5.3. Election Districts.

The Council shall be the legislative body of the City composed of six (6) members nominated and elected as herein provided.

In order that the members of council shall be distributed over the City, the City shall be divided into six (6) election districts and one of said members of Council shall be a resident of each district. The district boundaries shall be established by the Council so that the districts are nearly equal in population as shown by the most recent federal decennial census. The district boundaries established for municipal elections shall continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State of Delaware, at which time the Council shall redistrict the City so that the districts shall be nearly equal in population in accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall be followed by the Council after each succeeding federal decennial census in this manner so that the districts shall be maintained as nearly equal in population as possible at all times.”.

Section 3. Amend Chapter 115, Volume 69, Laws of Delaware, as amended, by deleting the word “October” and substituting the word “April” in Section 5.4. Nominations to Be By Petition.”

Section 4. Amend Chapter 302, Volume 74, Laws of Delaware, as amended, by deleting in its entirety “Section 2. Territorial Rights.” and substituting in lieu thereof a new “Section 2. Municipal Boundaries.” as follows:

“Section 2. Municipal Boundaries.

The municipal boundaries of the City of Harrington are hereby established and declared as recorded on the official map of record in the Office of the Recorder of Deeds in and for Kent County, Delaware, as presently existing and as hereinafter amended.”.

Section 5. Amend Chapter 302, Volume 74, Laws of Delaware, as amended, by adding a new “Section 3.1.2.1. By Petition of All Property Owners” to “Section 3.1.2. By Petition of All Property Owners” as follows:

“3.1.2.1. By Petition of All Property Owners. If all of the property owners of the territory contiguous to the then-existing corporate limits of the City, by written petition with the signature of each such petitioner duly acknowledged, shall request the City Council to annex that certain territory in which they own property, the Mayor of the City of Harrington shall appoint a committee composed of not less than three (3) of the members of the City Council to investigate the possibility of annexation. The petition presented to the City Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its finding and conclusions to the Mayor and City Council of Harrington. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the City of Harrington and to the territory proposed to be annexed, and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefore. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the City and to the territory proposed to be annexed, the City Council of Harrington may then pass a second Resolution annexing such territory to the City of Harrington. Such Resolution shall be passed by a majority of the members of the City Council. The passage of said second Resolution shall annex the property into the City and none of the procedures specified in §§ 3.1.3, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4 or 3.2.5 need be followed. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the City or to the territory proposed to be annexed, the procedure to be followed shall be the same as hereinafter provided as if the annexation were proposed by less than all of the property owners of a territory contiguous to the then limits and territory of the City of Harrington.”.

Approved July 16, 2008