Ordinance 22: Annexation

Be it enacted by the President and Council of the Town of Townsend, the President and a Majority of Council Members concurring therein:

1.) The Town of Townsend shall have the power and authority to extend its boundaries by the annexation of territory contiguous to its then existing Town limits. Such an annexation shall be approved in the manner as provided for in 22 Del.C. §101.

2.) In addition to those procedures as provided for in 22 Del.C. §101. the following procedures shall apply:

a.) Resolution by Council – Council shall by resolution adopted by a majority of Council specify the area to be annexed, the purpose of the annexation, the date, time, and place of said election.

b.) Notice – Notice of said election for annexation should be published in a newspaper having a general circulation in the area to be annexed at least five (5) days prior to the election. The notice shall contain the description of the area to be annexed, time, place, and date of the election, and the eligibility of those who are entitled to vote. In addition to the publication, the notice shall be addition to the publication the notice shall be posed in three (3) different public places within the limits of the Town and the area to be annexed.

c.) Voter Eligibility – All persons, partnerships, corporations or associations who are qualified voters or own real estate in the area to be annexed shall be entitled to one (1) vote each. Any partnership, Corporation, or association shall be entitled to one (1) vote provided that there is present at the time of voting a resolution approved by the partnership, corporation, or association. For the purpose of this Subsection “Qualified Voter” shall mean inhabitants of the area to be annexed and who are registered and qualified to vote according to the voter registration Z:\Maureen\Town Ordinances\Ordinance 22 – Annexation.docof the State Department of Elections.

d.) Time, Place and Date – The time, place and date of the election shall be as provided by Council.

e.) Casting of Vote – Voting shall be by secret paper ballot or by voting machine. Every ballot or voting machine shall be designed to reflect “For” and “Against”. “For” shall mean a vote in favor of annexation. “Against” shall mean a vote not in favor of annexation. A majority of votes cast shall determine the result of the election. Upon the close of the voting, the results shall be publicly announced by the elections officer. After public announcement of the votes cast, the total votes cast “For” and the total votes cast “Against” shall be certified to by the election officials and presented to the Town Council at its next regular meeting. The Town Council at this regular meeting shall approve the votes as certified.

f.) Election Officials – The election shall be held and regulated by the election officials of the district embracing the territory to be annexed.

g.) Presentation to the General Assembly – No territory shall become a part of the Town limits until compliance with this Ordinance and enactment into law by the General Assembly of this State. Council shall have the responsibility of presentment to the General Assembly for enactment by the General assembly. Notwithstanding the compliance with this Ordinance, no territory shall become annexed until approved by the General Assembly.

h.) Contest – Any election under this Ordinance may be contested as provided by law.

First Reading: December 14, 1982; Second and Final Reading: January 11, 1983; Passed by Town Council: September 17, 1985; Signed by Town Council President: Carlene U. Foraker

Subsection g of Ordinance #22, Town of Townsend, Annexation is hereby deleted. The rest of Ordinance #22 remains in full force and effect.
First Reading: April 5, 1988; Second Reading: May 10, 1988; Effective Date: May 10, 1988; Signed by Four Town Council Members


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