DE SB253 | 2009-2010 | 145th General Assembly


Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 30 2010 - 100% progression
Action: 2010-07-30 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


This Act reincorporates the Charter of the Town of Magnolia. The following are substantive changes thereto: Provisions Removed from Charter The authority to have an Alderman. Annexation authority and procedures. The requirement that council candidates own real property in town (or be married to someone who does), and the requirement that council candidates and voters not have any delinquent taxes. (It’s believed these provisions are unconstitutional.) The authority for the Town to operate a sewer system. Provisions Added to Proposed Charter The Town’s short-term borrowing limit was increased from $10,000 to $15,000, while the Town’s total indebtedness limit was decreased from 25% to 15% of the total value of assessed real property in town. A section of enumerated town powers was included that was largely absent before. The election procedures were revised to conform to the Delaware Municipal Election laws. The authority to impose impact fees, grant licenses and franchises was included. Authority was included for the mayor to act in emergency situations without getting council approval. Procedures were added for filling vacancies on council that arise mid-term. The Town Clerk to have delinquent tax collections powers as conferred upon the Kent County Government. Authority was added to regulate subdivision and land development and to construct and operate a water system and electric distribution system. A requirement was added that the Town may not be sued in certain instances unless the Town is notified within one-year of the time the injury occurs. A provision clarifying the Town’s authority to collect unpaid debts was also included. The annual tax limit was changed from a flat $20,000 limit to 2% of the total assessed valuation of all taxable real estate. The Mayor may be compensated pursuant to a majority vote of Council. Punishment for ordinance violations is limited to a $1,000 fine and/or 30-days imprisonment per offense.

Tracking Information

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An Act To Reincorporate The Town Of Magnolia.


Roll Calls

2010-06-30 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-29 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-17 - Senate - Senate Third Reading (Y: 11 N: 9 NV: 0 Abs: 1) [FAIL]


2010-07-30 Signed by Governor
2010-06-30 Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-30 Necessary rules are suspended in House
2010-06-29 Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-29 Amendment SA 4 - Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-29 Lifted From Table in Senate
2010-06-25 Amendment SA 4 - Introduced and Placed With the Bill in Senate
2010-06-22 Laid On Table in Senate
2010-06-22 Roll Call Rescinded in Senate
2010-06-17 Defeated by Senate. Votes: Defeated 11 YES 9 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-17 Amendment SA 3 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2010-06-17 Amendment SA 3 - Introduced in Senate
2010-06-17 Lifted From Table in Senate
2010-06-10 Laid On Table in Senate
2010-06-10 Amendment SA 2 - Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-10 Amendment SA 2 - Introduced in Senate
2010-06-10 Amendment SA 1 - Stricken
2010-06-03 Amendment SA 1 - Introduced and Placed With the Bill in Senate
2010-06-02 Reported Out of Committee (COMMUNITY/COUNTY AFFAIRS) in Senate with 3 On Its Merits
2010-05-06 Assigned to Community/County Affairs Committee in Senate

Delaware State Sources

Bill Comments