Delaware Senate Bill 312 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Passed on July 15 2010 - 100% progression
Action: 2010-07-15 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This Charter replaces the current City of Milford Charter in its entirety. A Charter Committee, the Mayor and City Council, with participation from the public, met in numerous meetings beginning in September 2008 to reorganize and revise their charter. Most of the existing charter has remained the same though some revisions were made and the charter was reorganized. This bill is a result of that effort and the following summarizes those changes from the previous charter: A table of contents delineating the articles has been included at the outset. The Charter has been reorganized by changing the order of the articles, moving various sections to more appropriate articles and consolidating articles. The order of the articles is more logical. First, the territory and annexation procedures are set out, followed by the election process, the powers of the city, the form of government, the administration, then the financial articles involving taxing and borrowing, followed by various miscellaneous provisions. The existing Charter had two articles for the power of the city with a structure article between and a separate article for the City Manager and other administrative appointments. Those appointed offices have now been combined into one article. The election article was moved from Article IX to Article II. The most significant substantive changes are as follows: The territory of Milford shall be established by an official map recorded in the appropriate county. The wards shall be delineated by official maps recorded in the appropriate county and by metes and bounds. Annexation procedures have been developed to include state requirements. Annexation agreements are recognized and annexed property designated to contiguous Wards when annexed. In the case of a special election for annexation, property owners within the property to be annexed are limited to one vote. Presently having no vote, the Vice Mayor will now qualify as a Councilperson while acting as Mayor for the purpose of establishing a quorum. Elections have been made consistent with state law. In the event of a tie vote for an elected office, a special election for that office will be held within thirty days. The deadline to file for Office of Mayor or Council Person changes from thirty to sixty days before the election. A criminal background check will be required on all candidates running for the Office of Mayor and Council Person. Filling vacancies for Mayor or Council have been clarified. The residency requirement for Mayor has changed from thirty days to two years. The residency requirement for City Council has changed from thirty days to one year. Allows five year capital budget to be submitted with annual budget and not three months in advance. Short term borrowing not to exceed the amount of annual tax billing was clarified to include aggregate borrowing and without special election.

An Act To Amend The Laws Of Delaware Relating To The Re-incorporation Of The City Of Milford.

Rep. George Carey [R]

Sen. Gary Simpson [R]

Rep. Robert Walls [D]

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]

Date	Chamber	Action
2010-07-15		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 2 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-29		Amendment SA 1 - Stricken
2010-06-24		Amendment SA 2 - Introduced and Placed With the Bill in Senate
2010-06-24		Reported Out of Committee (COMMUNITY/COUNTY AFFAIRS) in Senate with 3 On Its Merits
2010-06-22		Amendment SA 1 - Introduced and Placed With the Bill in Senate
2010-06-17		Assigned to Community/County Affairs Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/b99c33403653ccf38525773c00689918?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+312/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/8e14784d99bf760685257751006abb99?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/bc32299102d4b18885257752008395d3?OpenDocument