CHARTER OF THE TOWN OF SMYRNA

1. Incorporation.

The inhabitants of the Town of Smyrna within the corporate limits as hereinafter defined in this Charter or as extended as hereinafter provided, are hereby constituted and declared to be a body politic incorporated in law and equity, by the corporate name of the "Town of Smyrna " (hereinafter "Town"), with power to govern themselves by such ordinances, rules, resolutions, and regulations for municipal purposes as they, through their duly-elected officers and agents may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States; and as such shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts.

The Town shall have perpetual succession and shall succeed to own or possess all property, whether real, personal, or mixed, tangible or intangible, of whatever kind and nature, and all the powers, rights, privileges or immunities now or heretofore belonging to, possessed, or enjoyed by the Town of Smyrna previously incorporated at Chapter 339, Volume 62 Laws of Delaware, as amended.

2. Territorial Limits.

The present territorial limits of the Town as established by previous acts of the Delaware General Assembly and by annexations perfected by the Town are depicted on the map or plat attached hereto as Exhibit A and are hereby confirmed and declared to be as follows:

BEGINNING at a point formed by the intersection of the centerline of U.S. Route 13, with the centerline of Sunnyside Road (SHR 90), said point being on the Easterly line of the Delaware Hospital for the Chronically Ill and being a distance of approximately 100 feet from the northwest corner of lands, now or formerly, of Margaret C. Bartlett lands, as recorded in the Office of the Recorder of Deed Book I Volume 16 Page 440 (Tax Map ID# DC-00-019.06-01-01.00-000); thence running,

1) leaving said U.S. Route 13 and running by and with southerly ROW of said Sunnyside Road in a south westerly direction a distance of approximately 565 feet to a point on the northwesterly side of the lands, now or formally, of Brooks and Sunday Keen as recorded in the Office of Recorder of Deed Book D Volume 112 Page 316 (Tax Map ID# DC-17-19.06-01-06.00-000); thence running,

2) by and with said northerly line of said Brooks and Sunday Keen in a northeasterly direction for a distance of approximately 211 feet to a point; thence running

3) by and with said easterly line of said lands of Brooks and Sunday Keen in a southerly direction for a distance of approximately 305 feet to a point on the centerline of Belmont Avenue; thence running,

4) by and with said centerline of Belmont Avenue in an easterly direction for a distance of approximately 280', crossing over U.S. Route. 13, to a point on the northerly line of the lands, now or formally, of Thomas P. Ryan as recorded on the Office of Recorder of Deed Book D Volume 530 Page 116 (Tax Map ID# DC-00-019.00-01-03.01-000); thence running,

5) by and with said easterly line of U.S. Route 13 and the westerly line of said Thomas P. Ryan lands in a southerly direction for a distance of approximately 1967 feet to a point on the northerly line of Cory Lane; thence running,

6) by and with said northerly line of Cory Lane for a distance of approximately 206 feet to a point on the southerly line of the lands, now or formerly, of Liborio III, L.P., as recorded in the Office of Recorder of Deed Book D Volume 317 Page 326 (Tax Map ID# DC-17-019.00-01-30.01-000); thence running,

7) by and with said westerly perimeter line of said lands of Liborio III, L.P. in a northerly direction for a distance of approximately 2559 feet to a point on the southerly line of Smyrna-Leipsic Road and westerly line of State Route 1; thence running,

8) by and with said southerly line of Smyrna-Leipsic Road in a easterly direction a distance of approximately 346 feet, across State Route 1 to a point on the northerly line of the lands, now or formerly, of Rodney and Anita Bullock, as recorded in the Office of the Recorder of Deeds, Deed Book 321, Page 273 (Tax Map ID# DC-00-019.00-01-10.00-000); thence running,

9) by and with said westerly line of said lands of Rodney and Anita Bullock, in a southerly direction for a distance of approximately 153 feet to a point on the northerly line of the, now or formerly, Bombay Woods Subdivision as recorded in the Office of Recorder of Deeds Plat Book 66 Page 30; thence running,

10) by and with said northerly perimeter lines of said Bombay Woods Subdivision in an easterly direction for a distance of approximately 2065 feet to a point on the north easterly line of the, now or formerly, Pump Station (Tax Map ID# DC-17-019.02-01-57.00-000) of the said Bombay Woods Subdivision; thence running,

11) leaving said Bombay Woods Subdivision and running by and with in an easterly direction a distance of approximately 340 feet along southerly line of the lands, now or formerly, of Larry G. and Scott E. Burchard, as recorded in the Office of Recorder of Deeds, Deed Book IS Volume 21 Page 297, (Tax Map ID#DC-00-019.00-01-25.01); thence running,

12) by and with said easterly line of said Larry G. and Scott E. Burchard in a northerly direction a distance of approximately 282 feet to a point on the northerly line of the lands, now or formerly, Delaware State University, as recorded in the Office of Recorder of Deeds, Deed Book 520 Page 16, (Tax Map ID# DC-17-019.00-01-69.00-000) and southerly lines of said Smyrna-Leipsic Road; thence running,

13) by and with said northerly line of Delaware State University and southerly line of Smyrna-Leipsic Road, in a south easterly direction for a distance of approximately 3441 feet to a point on the northeasterly line of lands, now or formerly, of Mark D. Johnson, as recorded in the Office of Recorder of Deeds, Deed Book 414 Page 66 (Tax Map ID# DC-17-019.00-01-69.01-000); thence running,

14) by and with said easterly line of said Mark D. Johnson and Delaware State University, following Mill Creek, in a southerly direction for a distance of approximately 2514 feet to a point on the southerly line of said Delaware State University; thence running,

15) by and with said southwesterly line of said Delaware State University in a north westerly direction for a distance approximately 1305 feet and continuing around the easterly side of State Route 1 approximately 2891 feet to a point on the southerly line of the aforesaid Bombay Woods Subdivision; thence running,

16) leaving said lands of Bombay Woods and running in a south westerly direction across State Route 1 a distance of approximately 1125 feet to a point on the northerly line of the lands, now or formerly, of Beimac, LLC, as recorded in the Office of Recorder of Deeds, Deed Book 317 Page 104 (Tax map ID# DC-17-019.00-01-62.00-000); thence running,

17) by and with said easterly line of said Belmac, LLC and westerly line of State Route 1 in a southerly direction a distance of approximately 2819 feet to a point on the easterly line of the lands, now or formerly, of Field of Dreams, LLC, as recorded in the Office of Recorder of Deeds, Deed Book 194 Page 9 (Tax Map ID# DC-17-019.00-01-66.00-000); thence running,

18) by and with said southerly perimeter lines of said Field of Dreams in a westerly direction a distance of approximately 1438 feet to a point on the easterly line of lands, now or formerly, of Vernon Westfall Subdivision, as recorded in the Office of Recorder of Deeds, Plat Book 4 Page 22; thence running,

19) by and with said westerly line of the said Field of Dreams and the easterly line of the said Vernon Westfall Subdivision and said lands, now or formerly, of Lawndale Development, as recorded in the Office of Recorder of Deeds, Plat Book 1 Page 302 in a northerly direction a distance of approximately 1349 feet to a point; thence running,

20) by and with the southerly line of the said Field of Dreams and the northerly line of the said Lawndale Development in a westerly direction a distance of approximately 162 feet to centerline on North Street; thence running,

21) by and with said centerline of North Street in a westerly direction for a distance of approximately 410 feet to a point on the centerline of U.S. Route 13; thence running,

22) leaving said centerline of U.S. Route 13 in a southwesterly direction a distance of approximately 800 feet to a point on the southerly line of lands, now or formally, of Liborio III, LP, as recorded in the Office of Recorder of Deeds, Deed Book 325 Page 135 (Tax Map ID# DC-17-019.00-01-01.09-000); thence running,

23) by and with said southwesterly line of the said Liborio III, LP in a northwesterly direction a distance of approximately 1101 feet to a point on the easterly line of lands, now or formerly, of Bon Ayre Mobile Home Park, as recorded in the Office of Recorder of Deeds, Plat Book 49 Page 51; thence running,

24) by and with said easterly line of said lands of Bon Ayre Mobile Home Park in a southerly direction a distance of approximately 2975 feet to a point on the northeasterly line of lands, now or formerly, of Liborio III, L.P., as recorded in the Office of Recorder of Deeds, Deed Book 510 Page 219 (Tax Map ID# DC-00-28.00-01-03.00-000); thence running,

25) by and with said northeasterly line of said Liborio III, L.P., in a southeasterly direction a distance of approximately 515 feet to a point; thence running,

26) by and with said southeasterly line of said Liborio III, L.P., in a southwesterly direction a distance of approximately 2426 feet, crossing over Rabbit Chase Lane, to a point; thence running,

27) by and with said southwesterly line of said Liborio III, L.P., in a northwesterly direction a distance of approximately 77 feet to a point; thence running,

28) by and with said southeasterly line of said Liborio III, L.P., in a southwesterly direction a distance of approximately 375 feet to a point; thence running,

29) by and with said southwesterly line of said Liborio III, L.P., in a northwesterly direction a distance of approximately 1846 feet to a point on the southwesterly line of lands, now or formerly, of Librio III, L.P., as recorded in the Office of Recorder of Deeds, Deed Book 510 Page 219 (Tax Map ID# DC-00-28.00-01-02.00-000) ; thence running,

30) by and with said southwesterly line of said Liborio III, L.P., in a northwesterly direction a distance of approximately 1969 feet to a point on the centerline of Sunnyside Road; thence running,

31) by and with said centerline of Sunnyside Road in a northeasterly direction a distance of approximately 325 feet to a point; thence running,

32) leaving said centerline of Sunnyside Road in a southeasterly direction a distance of approximately 475 feet to a point; thence running,

33) by and with said northwesterly line of said aforementioned Liborio III, L.P., in a northeasterly direction a distance of approximately 1143 feet to the centerline of Rabbit Chase Lane; thence running,

34) by and with said centerline of Rabbit Chase Lane in a northwesterly direction a distance of approximately 500 feet to the centerline of Sunnyside Road; thence running,

35) by and with said centerline of Sunnyside Road in a northeasterly direction a distance of approximately 325 feet to a point; thence running,

36) leaving said centerline of Sunnyside Road in a southeasterly direction a distance of approximately 475 feet to a point on the northwesterly line of aforementioned Liborio III, L.P., lands; thence running,

37) by and with said northwesterly lands of Liborio III, L.P., in a northeasterly direction a distance of approximately 970 feet to a point; thence running,

38) by and with said northeasterly lands of Liborio, III, L.P., in a southeasterly direction a distance of approximately 85 feet to a point on the northwesterly line of lands, now or formerly, of Sunnyside Farms Section 2 (Sunnyside Village Section 1), as recorded in the Office of Recorder of Deeds, Plat Book 58 Page 50; thence running,

39) by and with said northwesterly lands of said Sunnyside Village Section 1 in a northeasterly direction for a distance of approximately 364 feet to a point; thence running,

40) by and with said southwesterly lands of said Sunnyside Village Section 1 in a northwesterly direction for a distance of approximately 330 feet to a point; thence running,

41) by and with said northwesterly lands of said Sunnyside Village Section 1 in a northeasterly direction for a distance of approximately 900 feet to a point; thence running,

42) by and with said southwesterly lands of said Sunnyside Village Section 1 in a northwesterly direction for a distance of approximately 250 feet to a point along the centerline of Sunnyside Road; thence running,

43) by and with said centerline of Sunnyside Road in a northerly direction for a distance of approximately 2623 feet, crossing over the intersection of South Carter Road and Sunnyside Road at a distance of approximately 1980 feet to a point; thence running,

44) leaving said Sunnyside Road and running in a southeasterly direction along the northeasterly lines of lands, now or formerly, Tamarah E. Uhlmann, as recorded in the Office of Recorder of Deeds, Deed Book 415 Page 22 (Tax Map ID# DC-00-019.13-01-46.00-000) a distance of approximately 200 feet to a point; thence running,

45) by and with said westerly line of lands, now or formerly, Smyrna Towne Center, as recorded in the Office of Recorder of Deeds, Plat Book 43 page 65 (Tax Map ID# DC-17-19.00-01-01.01-000) in a northerly direction for a distance of approximately 1187 feet to a point; thence running,

46) by and with northerly line of lands, now or formerly, Thomas J. Leonard, as recorded in the Office of Recorder of Deeds, Deed Book 506 Page 211 (Tax Map ID# DC-00-19.10-01-5.00-000) in a northwesterly direction a distance of approximately 225 feet to a point of the said centerline of Sunnyside Road; thence running,

47) leaving said centerline of Sunnyside Road and running by and with the southerly line of lands, now or formerly, of the Delaware Hospital for the Chronically Ill (Tax Map ID# DC-17-19.06-01-05.00-000) and centerline of a creek a distance of approximately 450 feet to a point along the southerly line of Lake Como; thence running,

48) by and with said southerly line of said Lake Como in a westerly direction a distance of approximately 3887 feet to a point of the said centerline of South Carter Road; thence running,

49) by and with centerline of S. Carter Road in a northwesterly direction a distance of approximately 221 feet to a point; thence running,

50) leaving said centerline of South Carter Road and running by and with the easterly perimeter lines of lands now or formerly, of Gardenside Subdivision as recorded in the Office of Recorder of Deeds, Plat Book 62 Page 54 in a southerly direction a distance of approximately 920 feet to a point along Mill Creek and northerly line of lands, now or formerly, Joseph F. and Patricia W. Wick, as recorded in the Office of Recorder of Deeds, Deed Book 394 Page 250 (Tax Map ID# DC-17-18.00-01-5.00-000) to a point; thence running,

51) by and with said northerly line of said Joseph F. & Patricia W. Wick in a southeasterly direction a distance approximately 328 feet to a point; thence running,

52) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southwesterly direction a distance of approximately 65 feet to a point; thence running,

53) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southeasterly direction a distance of approximately 133 feet to a point; thence running,

54) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a northeasterly direction a distance of approximately 145 feet to a point; thence running,

55) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southeasterly direction a distance of approximately 297 feet to a point; thence running,

56) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southwesterly direction a distance of approximately 149 feet to a point; thence running,

57) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southeasterly direction a distance of approximately 374 feet to a point; thence running,

58) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southwesterly direction a distance of approximately 171 feet to a point; thence running,

59) by and with said northerly line of said lands Joseph F. & Patricia W. Wick in a southeasterly direction a distance of approximately 710 feet to a point; thence running,

60) by and with said easterly line of said lands Joseph F. & Patricia W. Wick in southwesterly a distance of approximately 1254 feet to a point on the centerline of Cedar Brook Drive; thence running,

61) by and with said centerline of Cedarbrook Drive in a northwesterly direction a distance of approximately 110 feet to a point; thence running,

62) leaving said centerline of Cedarbrook Drive and running by and with the said southeasterly line of said lands Joseph F. & Patricia W. Wick in a southwesterly direction a distance of approximately 206 feet to a point; thence running,

63) by and with said southwesterly line of said lands Joseph F. & Patricia W. Wick in a northwesterly direction a distance of approximately 1303 feet to a point on Mill Creek and lands of, now or formerly, of Wal-Mart Stores, as recorded by the Office of Recorder of Deeds, Deed Book 523 Page 159 (Tax Map ID# DC-17-18.00-01-03.00-000); thence running,

64) by and with said southeasterly line of said lands Wal-Mart Stores in a southwesterly direction a distance of approximately 2818 feet to a point on the easterly line of Pennsylvania Lines Railroad; thence running,

65) by and with said easterly line of said Pennsylvania Lines Railroad in a northwesterly direction a distance of approximately 3620 feet to a point on the centerline of Gleenwood Avenue; thence running,

66) by and with said centerline of Glenwood Avenue in a northeasterly direction a distance of approximately 1957 feet to a point on the northerly line of Wal-Mart Stores; thence running,

67) leaving said center of Glenwood Avenue and running by and with aforementioned lands of Wal-Mart Stores in a southeasterly direction a distance of approximately 1698 feet to a point; thence running,

68) by and with said northwesterly line of said Wal-Mart Stores in a northeasterly direction a distance of approximately 386 feet to a point on the northwesterly line of the lands, now or formerly, L. Medford & Eleanor N. Davis, as recorded in the Office of Recorder of Deeds, Deed Book 216 Page 292 (Tax Map ID# DC-17-18.00-01-02.00-000); thence running,

69) by and with said southwesterly line of said lands L. Medford & Eleanor N. Davis in a northwesterly direction a distance of approximately 458 feet to a point; thence running,

70) by and with said easterly line of said lands L. Medford & Eleanor N. Davis in a northeasterly direction a distance of approximately 232 feet to a point; thence running,

71) by and with said southwesterly line of said lands L. Medford & Eleanor N. Davis in a northwesterly direction a distance of approximately 396 feet to a point; thence running,

72) by and with said easterly line of said lands L. Medford & Eleanor N. Davis in a northeasterly direction a distance of approximately 174 feet to a point on the southerly line of said lands, now or formerly, Carter Road Enterprises, as recorded in the Office of Recorder of Deeds, Deed Book 455 Page 257 (Tax Map ID# DC-17-18.00-01-01.08-000); thence running,

73) by and with said southerly line of said lands of Carter Road Enterprises in a northwesterly direction a distance of 319 feet to a point on the southerly line of said lands now or formerly, Kent General Hospital, as recorded in the Office of Recorder of Deeds, Deed Book 433 Page 153 (Tax Map ID# DC-17-18.00-01-01.01-000) to a point; thence running,

74) by and with said southerly line of said Kent General Hospital in a northwesterly direction a distance of approximately 563 feet to the centerline of Glenwood Avenue; thence running,

75) by and with said centerline of Glenwood Avenue in a northeasterly direction a distance of approximately 527 feet to a point along intersection of Dickerson Street and Glenwood Road; thence running,

76) by and with said centerline of Dickerson Street in a northeasterly direction a distance of approximately 410 feet to a point along intersection of South Carter Road and Dickerson Street; thence running,

77) by and with said centerline of South Carter Road in a southeasterly direction a distance of approximately 766 feet to a point; thence running,

78) leaving said centerline of said South Carter Road and running by and with the northwesterly line of lands, now or formerly, Raymond H. & Linda S. Ginn, as reordered in the Office of Recorder of Deeds, Deed Book 283 Page 178 (Tax Map ID# DC-00-18.00-02-02.00-000) in a southwesterly direction a distance of approximately 385 feet to a point; thence running,

79) by and with said southwesterly line of said lands Raymond H. & Linda S. Ginn in a southeasterly direction a distance of approximately 231 feet to a point on the easterly lines of lands, now or formerly, Earl E. & Margaret E. Young, as recorded in the Office of Recorder of Deeds, Deed Book 200 Page 136 (Tax Map ID# DC-00-18.00-02-03.00-000) to a point; thence running,

80) by and with said southeasterly line of said lands Earl E. & Margaret E. Young in a northeasterly direction a distance approximately 380 feet to a point on said centerline of South Carter Road; thence running,

81) by and with said centerline of said South Carter Road in a southeasterly direction a distance of approximately 252 feet to a point; thence running,

82) leaving said centerline of South Carter Road in a northeasterly direction a distance of approximately 264 feet to a point on lands, now or formerly, Benjamin T. Archer, as recorded in the Office of Recorder of Deeds, Deed Book 440 Page 219 (Tax Map ID# DC-17-18.08-02-21.00-000) to a point; thence running,

83) by and with said northerly line of said lands Benjamin T. Archer in a southeasterly direction a distance of approximately 103 feet to a point; thence running,

84) by and with said southeasterly line of said lands Benjamin T. Archer in a southwesterly direction a distance of 250 feet to a point along the centerline of South Carter Road; thence running,

85) by and with centerline of South Carter Road in a southeasterly direction a distance of 550 feet to a point along the intersection of South Carter Road and South Street; thence running,

86) by and with centerline of South Street in a northeasterly direction a distance of approximately 842 feet to a point; thence running,

87) leaving said centerline of South Street in a northwesterly direction along the southwesterly line of lands, now or formally, Harriett C. Burris, as recorded in the Office of Recorder of Deeds, Deed Book X Volume 31 Page 512 (Tax Map ID# DC-17-18.08-02-16.00-000) a distance of approximately 175 feet to a point; thence running,

88) by and with said northwesterly line of said Harriett C. Burris lands in a northeasterly direction a distance of approximately 20 feet to a point on the northwesterly line of lands, now or formally, Elise H. Andrew, as recorded in the Office of Recorder of Deeds, Deed Book X Volume 53 Page 250 (Tax Map ID# DC-17-18.08-02-17.01-000) to a point; thence running,

89) by and with said northwesterly line of said lands Elise H. Andrew in a northeasterly direction a distance of approximately 150 feet to a point along the centerline of Clement Street; thence running,

90) by and with said centerline of Clements Street in a northwesterly direction a distance of approximately 145 feet to a point; thence running,

91) leaving said centerline of Clement Street in a northeasterly direction a distance of approximately 170 feet to a point of lands, now or formerly, John H., Janice S. and Shawn C. Quay, as recorded in the Office of Recorder of Deeds, Deed Book 456 Page 34, (Tax Map ID# DC-17-18.08-02-19.00-000); thence running,

92) by and with said northeasterly line of said lands John H., Janice S. and Shawn C. Quay in a southeasterly direction a distance of approximately 70 feet, crossing over Cummins Street, to a point of lands, now or formerly, Michael C. Biddle, as recorded in the Office of Recorder of Deeds, Deed Book 369 Page 241 (Tax Map ID# DC-17-18.08-02-20.00-000); thence running,

93) by and with said northeasterly line of said Michael C. Biddle in a southeasterly direction a distance of approximately 270 feet to the centerline of South Street; thence running,

94) by and with said centerline of South Street in a northeasterly direction a distance of approximately 150 feet to a point; thence running,

95) leaving said centerline of South Street in a northwesterly direction a distance of approximately 215 feet to a point along said southwesterly line of lands, now or formerly, Kevin F. Patterson, as recorded in the Office of Recorder of Deeds, Deed Book 117 Page 324 (Tax Map ID# DC-17-19.05-01-79.00-000); thence running,

96) by and with said northwesterly lines of lands of Kevin F. Patterson and southeasterly line of Cummins Street in a northeasterly direction a distance of approximately 100 feet to a point along lands, now or formerly, Evelyn K. Sanders, as recorded in the Office of Recorder of Deeds, Deed Book 349 Page 127 (Tax Map ID# DC-17-19.05-01-79.01-000); thence running,

97) by and with said northeasterly line of said lands of said Evelyn K. Sanders in a southeasterly direction a distance of approximately 240 feet to a point on the centerline of South Street; thence running,

98) by and with said centerline South Street in a northeasterly direction a distance of approximately 445 feet to a point; thence running,

99) leaving said centerline of South Street in a northwesterly direction a distance of approximately 205 feet to a point along the southwesterly line of lands, now or formerly, Michelle Kaplan, as recorded in the Office of Recorder of Deeds, Deed Book 197 Page 277 (Tax Map ID# DC-17-19.05-01-16.02-000); thence running,

100) by and with said northwesterly line of said lands Michelle Kaplan in a northerly direction a distance of approximately 100 feet to a point along the northwesterly line of lands, now or formerly, Jeffery T. Thornley, as recorded in the Office of Recorder of Deeds, Deed Book 271 Page 217 (Tax Map ID# DC-17-19.05-01-16.04-000); thence running,

101) by and with said northwesterly line of Jeffrey T. Thornley in a northeasterly direction a distance of approximately 40 feet to a point along the northwesterly line of lands, now or formerly, Gail L. Denney, as recorded in the Office of Recorder of Deeds, Deed Book 175 Page 203 (Tax Map ID# DC-17-19.05-01-16.05-000); thence running,

102) by and with said northwesterly line of said Gail L. Denney in a northerly direction a distance of approximately 37 feet to a point along the northwesterly line of lands, now or formerly, Ronald S. and Gerda Lane , as recorded in the Office of Recorder of Deeds, Deed Book 148 Page 84 (Tax Map ID# DC-17-19.05-01-16.06-000); thence running,

103) by and with said northwesterly line of said Ronald S. and Gerda Lane in a northerly direction a distance of approximately 52 feet to a point of lands, now or formerly, Keith W. and Donna M. Noel, as recorded in the Office of Recorder of Deeds, Deed Book 141 Page 81 (Tax Map ID# DC-17-19.05-01-16.07-000); thence running,

104) by and with said perimeter lines of said Keith W. and Donna M. Noel in a northerly direction a distance of approximately 85 feet to a point along the centerline of Upham Street; thence running,

105) by and with centerline of Upham Street in a northwesterly direction a distance of approximately 180 feet to a point on the intersection of said centerline of Lexington Avenue and said centerline of Upham Street; thence running,

106) by and with centerline of Lexington Avenue in a southwesterly direction a distance of approximately 530 feet to a point along the intersection of said centerline of Howard Street and said centerline of Lexington Avenue; thence running,

107) by and with centerline of Howard Street in a northwesterly direction a distance of approximately 470 feet to a point; thence running,

108) leaving said centerline of Howard Street in a southwesterly direction a distance of approximately 120 feet to a point on said southeasterly line of lands, now or formerly, of Michael J. Harrington Jr., as recorded in the Office of Recorder of Deeds, Deed Book 111 Page 221 (Tax Map ID# DC-17-18.08-04-02.00-000); thence running,

109) by and with said southwesterly line of said Michael J. Harrington Jr., in a northwesterly direction a distance of approximately 110 feet, across Mt. Vernon Street, to a point on said southeasterly line of lands, now or formerly, of Milton D. Moore & Annette Wingate, as recorded in the Office of Recorder of Deeds, Deed Book 387 Page 169 (Tax Map ID# DC-17-18.08-04-01.00-000); thence running,

110) by and with said southeasterly line of said lands of Milton D. Moore and Annette Wingate and said Mt. Vernon Street in a southwesterly direction a distance of approximately 75 feet to a point; thence running,

111) by and with said southwesterly line of said lands of Milton D. Moore and Annette Wingate in a northwesterly direction a distance of approximately 75 feet to a point; thence running,

112) by and with said northwesterly line of said lands of Milton D. Moore and Annette Wingate in a northeasterly direction a distance of approximately 175 feet to a point on centerline of Howard Street; thence running,

113) by and with said centerline of Howard Street in a northwesterly direction a distance of approximately 205 feet to a point on said intersection of said centerline of Smyrna-Clayton Boulevard and said Howard Street; thence running,

114) by and with said centerline of said Smyrna-Clayton Boulevard in a southwesterly direction a distance of approximately 275 feet to a point; thence running,

115) leaving said centerline of said Smyrna-Clayton Boulevard in a northeasterly direction a distance of approximately 800 feet to a point along southwesterly line of lands, now or formerly, of Department of Comm. AFF & Economic Development, as recorded in the Office of Recorder of Deeds, Deed Book F Volume 33 Page 249 (Tax Map ID# DC-17-9.20-02-36.00-000); thence running,

116) by and with said westerly lines of said lands of Department of Comm. AFF & Economic Development in a northwesterly direction a distance of approximately 335 feet to a centerline of Glenwood Avenue; thence running,

117) by and with said centerline of Glenwood Avenue in a southwesterly direction a distance of approximately 130 feet to a point; thence running,

118) leaving said centerline of Glenwood Avenue in a northwesterly direction a distance of approximately 490 feet to a point along northeasterly lines of said lands, now or formerly, of Flora R. Savage, as recorded in the Office of Recorder of Deeds, Deed Book IS Volume 20 Page 137 (Tax map ID# DC-00-9.20-01-04.00-000); thence running,

119) by and with said northerly line of said lands of Flora R. Savage in a northwesterly direction a distance of approximately 345 feet to a point; thence running,

120) by and with said southwesterly line of said lands of Flora R. Savage in a southeasterly direction a distance of approximately 275 feet to a point on the northerly side of lands, now or formerly, of Larry N. McAllister, as recorded in the Office of Recorder of Deeds, Deed Book L Volume 37 Page 333 (Tax Map ID# DC-17-9.20-02-56.00-000) and northwesterly lines of Myrtle Street; thence running,

121) by and with said southeasterly line of said lands of Larry N. McAllister in a southwesterly direction a distance of approximately 50 feet to a point; thence running,

122) by and with said northeasterly line of said lands of Larry N. McAllister in a southeasterly direction a distance of approximately 75 feet to a point; thence running,

123) by and with said southeasterly line of said Larry N. McAllister in a southwesterly direction a distance of approximately 150 feet to a point; thence running,

124) by and with said northeasterly line of said lands of Larry N. McAllister in a southeasterly direction a distance of approximately 225 feet to a point; thence running,

125) by and with said southeasterly line of said lands of Larry N. McAllister in a southwesterly direction a distance of approximately 145 feet to a point; thence running,

126) by and with said northeasterly line of said lands of Larry N. McAllister in a southeasterly direction a distance of approximately 230 feet to a point on the centerline of Glenwood Avenue; thence running,

127) by and with centerline of said Glenwood Avenue in a southwesterly direction a distance of approximately 205 feet to a point; thence running,

128) leaving said centerline of Glenwood Avenue in a northwesterly direction a distance of approximately 330 feet to a point along aforementioned lands of Larry N. McAllister; thence running,

129) by and with said southeasterly line of said lands of Larry N. McAllister in a southwesterly direction a distance of approximately 295 feet to a point; thence running,

130) by and with said southwesterly line of said lands of Larry N. McAllister in a northwesterly direction a distance of approximately 130 feet to a point; thence running,

131) by and with said southeasterly line of said lands of Larry N. McAllister in a southwesterly direction a distance of approximately 50 feet to a point; thence running,

132) by and with said northeasterly line of said lands of Larry N. McAllister in a southeasterly direction a distance of approximately 460 feet to a point on the centerline of aforementioned Glenwood Avenue; thence running,

133) by and with said centerline of Glenwood Avenue in a southwesterly direction a distance of approximately 50 feet to a point; thence running,

134) leaving said centerline of Glenwood Avenue in a northwesterly direction a distance of approximately 460 feet to a point; thence running,

135) by and with said southeasterly line of said lands of Larry N. McAllister in a southwesterly direction a distance of approximately 200 feet to a point; thence running,

136) by and with said southwesterly line of said lands of Larry N. McAllister in a northwesterly direction a distance of approximately 367 feet to a point along Greens Branch and lands, now or formerly, of Smyrna Special School District, as recorded in the Office of Recorder of Deeds (Tax map ID# DC-17-9.19-01-01.00-000); thence running,

137) by and with said southeasterly line of said lands of Smyrna High School and Greens Branch in a southerly direction a distance of approximately 625 feet to a point; thence running,

138) by and with said northeasterly line of said lands of Smyrna High School in a southeasterly direction a distance of approximately 425 feet to a point on the centerline of aforementioned Glenwood Avenue; thence running,

139) by and with centerline of Glenwood Avenue in a northeasterly direction a distance of approximately 150 feet to a point; thence running,

140) leaving said centerline of Glenwood Avenue in a southeasterly direction a distance of approximately 35 feet to a point along lands, now or formerly, of Staats Gas Service, Inc., as recorded in the Office of Recorder of Deeds, Deed Book 182 Page 50 (Tax map ID# DC-17-9.20-02-58.00-000); thence running,

141) by and with said northwesterly line of said lands of Staats Gas Service, Inc., in a northeasterly direction a distance of approximately 247 feet to a point; thence running,

142) by and with said northeasterly line of said lands of Staats Gas Service, Inc., in a southeasterly direction a distance of approximately 181 feet to a point along Conrail Railroad; thence running,

143) by and with said southeasterly line of said lands of Staats Gas Service, Inc., and running by and with the Conrail Railroad Tracks in a southwesterly direction a distance of approximately 440 feet to a point along the centerline of Glenwood Avenue; thence running,

144) leaving said centerline of Glenwood Avenue and running by and with the northeasterly line of, now or formerly, of Gertrude E. Goldsborough, as recorded in the Office of Recorder of Deeds, Deed Book IS Volume 20 Page 195 (Tax Map ID# DC-00-018.08-01-02.00-000), in a northwesterly direction a distance of approximately 400 feet to a point; thence running,

145) by and with said southeasterly line of said lands, now or formerly, Town and Country Farms Subdivision, as recorded in the Office of Recorder of Deeds, Plat Book 64 Page 87, in a southwesterly direction a distance of approximately 380 feet to a point along Conrail Railroad; thence running,

146) by and with said southerly line of said lands of Town and Country Farms Subdivision and northerly line of Conrail Railroad in a southwesterly direction a distance of approximately 355 feet, crossing over Foxwood Drive, to a point along the easterly side of lands, now or formerly, Franklin S. and Joyce Ann C. Chandler, as recorded in the Office of Recorder of Deeds, Deed Book 182 Page 323 (Tax Map ID# DC-00-18.07-01-01.00-000); thence running,

147) by and with said easterly lines of Franklin S. and Joyce Ann C. Chandler and westerly line of Foxwood Drive in a northerly direction a distance of approximately 210 feet to a point along southerly lines of Town and Country Farms Subdivision; thence running,

148) by and with said southerly lines of Town and Country Farms Subdivision and northerly lines of Franklin S. and Joyce Ann C. Chandler in a southwesterly direction a distance of approximately 208 feet to a point; thence running,

149) by and with said Town of Clayton boundary and Town and Country Farms Subdivision in a southwesterly direction a distance of 414 feet to a point; thence running,

150) by and with said Town of Clayton boundary and westerly line of Town and Country Farms Subdivision in a northerly direction a distance of approximately 200 feet to a point; thence running,

151) by and with said Town of Clayton boundary and southerly line of Town and Country Farms Subdivision in a southwesterly direction a distance of approximately 432 feet to a point; thence running,

152) by and with said Town of Clayton boundary and westerly line of Town and Country Farms Subdivision in a northwesterly direction a distance of approximately 785 feet to a point; thence running,

153) by and with said Town of Clayton boundary and northerly line of Town and Country Farms Subdivision in a northeasterly direction a distance of approximately 527 feet to a point of lands, now or formerly, of Richard L. and Bernadette Mumford, as recorded in the Office of Recorder of Deeds, Deed Book 187 Page 333 (Tax Map ID# DC-17-9.19-01-03.00-000); thence running,

154) leaving said lands of Town and Country Farms Subdivision and running by and with said southwesterly lines of Richard L. and Bernadette Mumford and Town of Clayton in a northwesterly direction a distance of approximately 1195 feet to a point on the centerline of Duck Creek Parkway; thence running,

155) leaving said Town of Clayton boundary and running by and with said centerline Duck Creek Parkway in a northeasterly direction a distance of approximately 315 feet to a point; thence running,

156) leaving said centerline Duck Creek Parkway in a northwesterly direction a distance of approximately 180 feet to a point along lands, now or formerly, State of Delaware (Tax Map ID# DC-17-9.15-01-02.00-000); thence running,

157) by and with said southwesterly line of said lands of State of Delaware in a northwesterly direction a distance of approximately 605 feet to a point along Town of Clayton Boundary; thence running,

158) by and with said westerly line of State of Delaware and Town of Clayton Boundary in a northwesterly direction a distance of approximately 330 feet to a point along centerline of Providence Creek; thence running,

159) by and with said centerline of Providence Creek, centerline of Duck Creek Pond and aforementioned State of Delaware lands in a northeasterly direction a distance of approximately 3322 feet to a point; thence running,

160) leaving said centerline Duck Creek Pond in a southeasterly direction a distance 475 feet to centerline of aforementioned Duck Creek Parkway; thence running,

161) by and with centerline of Duck Creek Parkway in a Northeasterly direction a distance of approximately 1025 feet to a point along said intersection of centerline of Duck Creek Parkway and centerline of North Main Street; thence running,

162) by and with said centerline of North Main Street in a Southeasterly direction a distance of approximately 511 feet to a point; thence running,

163) leaving said North main Street in a northeasterly direction, along lands, now or formerly, Town of Smyrna (Tax Map ID# DC-17-9.12-01-01.00-000) a distance of approximately 1275 feet to a point along the centerline of Smyrna River; thence running,

164) by and with said centerline of Smyrna River in a easterly direction a distance of approximately 2273 feet to a point along the centerline of US 13 DuPont Highway; thence running,

165) leaving said centerline of US 13 and crossing into New Castle County in a northeasterly direction a distance of approximately 734 feet to a point along lands, now or formerly, of Robert Yaiser, as recorded in the Office of Recorder of Deeds, Deed Book 345 page 349 (Tax map ID# 2800100002); thence running,

166) by and with said northwesterly lines of lands, now or formally, Henry and Ruth Jurgens, as recorded in the Office of Recorder of Deeds, Deed Book S Volume 56 Page 114 (Tax map ID# 2800100001) in a northeasterly direction a distance of 287 feet to a point; thence running,

167) by and with said northeasterly line of said lands of Henry and Ruth Jurgens in a southeasterly direction a distance of approximately 743 feet to a point on the centerline of Smyrna River and leaving New Castle County; thence running,

168) by and with said centerline of Smyrna River in an southeasterly direction a distance of approximately 3918 feet to a point on centerline of State Route 1, thence running,

169) leaving said centerline of State Route 1 in a easterly direction a distance of approximately 1186 feet to a point along lands, now or formerly, of State of Delaware Game and Fish Commission (DC-17-10.10-01-36.00-000) to a point along the westerly line of Duck Creek Landing; thence running,

170) by and with said westerly line of Duck Creek Landing in a southerly direction a distance of approximately 755 feet to a point along State Route 1 and Woodland Beach Road; thence running,

171) by and with said northerly line of Woodland Beach Road in an easterly direction a distance of approximately 510 feet to a point; thence running,

172) leaving said Woodland Beach in a southerly direction a distance of approximately 2535 feet along lands of State of Delaware - DelDOT State Route 1 ROW to a point along Mill Creek; thence running,

173) by and with said Mill Creek in a southwesterly direction a distance of approximately 550 feet to said centerline of State Route 1; thence running,

174) leaving said centerline of State Route 1 in a southwesterly direction a distance of approximately 211 feet to a point along lands, now or formerly, Odd Fellows Cemetary (DC-17-19.06-01-01.00-000); thence running,

175) by and with said easterly line of said lands of Odd Fellows Cemetary in a southwesterly direction a distance of approximately 950 feet; thence running,

176) by and with said southerly line of said lands of Odd Fellows Cemetary in a northwesterly direction a distance of approximately 332 feet; thence running,

177) by and with said easterly line of said lands of Odd Fellows Cemetary in a southwesterly direction a distance of approximately 975 feet to the intersection of Sunnyside Road and US Rt. 13 and the point and place of beginning, let the contains be what they may.

EXCEPTING therefrom, however, 1.10 acres of ground heretofore conveyed to Alfred Schmidt, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 207 Page 198(Tax Map ID# DC-00-019.10-02-07.00-000).

EXCEPTING therefrom, however, 1.0 acre of ground heretofore conveyed to Mark W. Lewis & Helen R. Lewes, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book G, Volume 40 Page 0287(Tax Map ID# DC-00-19.10-02-08.00-000).

EXCEPTING therefrom, however, 0.69 acres of ground heretofore conveyed to David W. Roberts & Carol Lynn Foxwell, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 237 Page 312 (Tax Map ID# DC-00-019.10-02-09.00-000).

EXCEPTING therefrom, however, 0.51 acres of ground heretofore conveyed to James L. Givens & Edna Givens, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book C, Volume 44 Page 0171(Tax Map ID# DC-00-019.10-02-10.00-000).

EXCEPTING therefrom, however, 1.0 acre of ground heretofore conveyed to Charles G. Lamb & Bette W. Lamb, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book S, Volume 20 Page 0029(Tax Map ID# DC-00-019.00-01-37.00-000).

EXCEPTING therefrom, however, 2.0 acre of ground heretofore conveyed to Charles F. Woodley & Georgia Lee Woodley, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 371 Page 0093(Tax Map ID# DC-00-019.00-01-38.00-000).

EXCEPTING therefrom, however, 1.0 acre of ground heretofore conveyed to Charles F. Woodley & Georgia Lee Woodley, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book E, Volume 21 Page 0508(Tax Map ID# DC-00-019.00-01-42.00-000).

EXCEPTING therefrom, however, 21,000 square feet of ground heretofore conveyed to Chom Ye Panaccione, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book C, Volume 39 Page 0270(Tax Map ID# DC-00-019.00-01-43.00-000).

EXCEPTING therefrom, however, 0.480 acres of ground heretofore conveyed to Stephen B. Bozeman & Rita Bozeman, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 488 Page 0308(Tax Map ID# DC-00-019.00-01-45.00-000).

EXCEPTING therefrom, however, 36,000 square feet of ground heretofore conveyed to 1350 Associates, L.L.C., by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 527 Page 0044(Tax Map ID# DC-00-019.00-01-52.00-000).

EXCEPTING therefrom, however, 1.7 acres of ground heretofore conveyed to Herbert E. McClary & Barbara M. McClary, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book F, Volume 041 Page 0194(Tax Map ID# DC-00-019.00-01-53.00-000).

EXCEPTING therefrom, however, 1.00 acre of ground heretofore conveyed to Gemni, L.L.C., by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 519 Page 0312(Tax Map ID# DC-00-019.00-01-54.00-000).

EXCEPTING therefrom, however, 0.34 acres of ground heretofore conveyed to Donald L. Uhlendorff, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 489 Page 0190(Tax Map ID# DC-00-019.00-01-39.00-000).

EXCEPTING therefrom, however, 0.09 acres of ground heretofore conveyed to Donald L. Uhlendorff, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 489 Page 0190(Tax Map ID# DC-00-019.00-01-39.01-000).

EXCEPTING therefrom, however, 15,000 square feet of ground heretofore conveyed to Smyrna Insurance Service, LTD, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book P, Volume 027 Page 0220(Tax Map ID# DC-00-019.00-01-40.00-000).

EXCEPTING therefrom, however, 7,500 square feet of ground heretofore conveyed to Smyrna Insurance Service, LTD, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book P, Volume 027 Page 0220(Tax Map ID# DC-00-019.00-01-41.00-000).

EXCEPTING therefrom, however, 1.0 acre of ground heretofore conveyed to Gayle Mae Warren, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book U, Volume 047 Page 0162(Tax Map ID# DC-00-019.00-01-63.01-000).

EXCEPTING therefrom, however, 4.0 acres of ground heretofore conveyed to Gayle Mae Warren, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book U, Volume 047 Page 0162(Tax Map ID# DC-00-019.00-01-63.02-000).

EXCEPTING therefrom, however, 9.0 acres of ground heretofore conveyed to Irvin F. Simon & Harriett I. Simon, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book N, Volume 034 Page 0064(Tax Map ID# DC-00-019.00-01-56.00-000).

EXCEPTING therefrom, however, 1.80 acres of ground heretofore conveyed to James A. Durham & Janice A. Durham, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 300 Page 0302(Tax Map ID# DC-00-019.00-01-58.00-000).

EXCEPTING therefrom, however, 29,400 square feet of ground heretofore conveyed to Smyrna Realty, L.L.C., by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book 536 Page 0066(Tax Map ID# DC-00-019.00-01-60.00-000).

EXCEPTING therefrom, however, 1.3 acres of ground heretofore conveyed to Amrutbhai Ishverlal Patel & Nilaben Amrutbhai Patel, by Deed of record in the Office of the Recorder of Deeds in and for Kent County in Deed Book P, Volume 041 Page 0338(Tax Map ID# DC-00-019.00-01-61.00-000).

The Council may, at any time hereafter, cause a map or plot to be made of said Town, and the said map or plot, or any supplement thereto, when made and approved by said Council, signed by the Mayor, and attested to by the Secretary, with the municipal seal affixed, upon being recorded in the Office of the Recorder of Deeds in and for Kent and New Castle Counties, State of Delaware, or the record thereof, or a duly certified copy of said record, shall be evidence in all courts of law and equity in this State.

3. Annexation of Territory.

Subject to state laws of general application to municipalities pertaining to annexation of territory, the Town shall have power to annex any additional contiguous territory adjoining the corporate limits of the Town as hereinbefore set forth or as hereafter extended pursuant to the procedure set forth in this section, and to apply to all such additional territory all laws, ordinances, resolutions, and policies in force in the Town so far as they may be locally applicable. For purposes of this section, "contiguous" means that a part of the boundary of the territory sought to be annexed is coterminous with a part of the boundary of the municipal corporation.

3.1 Initiation of Annexation Proceedings.

3.1 1 By Petition of the Property Owners. Any property owner(s) holding record fee title to real property in territory contiguous to the then existing corporate limits of the Town may petition the Town Council to annex that certain territory in which they own property. Such petition shall be in writing, duly executed and acknowledged by each petitioner, shall describe with reasonable certainty the territory proposed for annexation, indicate the property owned by each petitioner therein, state the reasons for the requested annexation, and identify the proposed zoning district classification(s) for such territory (which proposed zoning classifications shall be consistent with the Town's Comprehensive Plan). The Town Council may, within 90 days following the filing of such petition in the Town Office, vote to accept such petition and proceed as hereinafter provided, or to reject such petition. Any petition not so accepted within said 90 days shall be null and void. For purposes of this §§ 3.1.1 and 3.1.2, "territory contiguous to the then existing corporate limits of the Town" shall include both real property which, though itself not contiguous to the Town's then existing corporate limits, is contiguous to other real property which is proposed to be included in the annexation and real property which would be contiguous under § 3.2.9(b).

3.1.2 Resolution of the Town Council. The Town Council may, at any time, adopt a resolution proposing the annexation of any territory(s) contiguous to the Town. Such resolution shall describe, with reasonable certainty, the territory(s) proposed to be annexed, state the reasons for the proposed annexation, and identify the proposed zoning district classification(s) for such territory(s) (which proposed zoning classifications shall be consistent with the Town's Comprehensive Plan). Upon adoption of such resolution, the Town Council shall proceed as hereafter provided.

3.2 Annexation Procedure. Whether annexation is proposed by petition of the property owners or by resolution of the Town Council, the following procedure shall be complied with:

3.2.1 Resolution and Notice; Referral To Planning Commission.

(a) The Town Council shall adopt a resolution notifying the property owners and the residents of both the Town and the territory proposed to be annexed, that the Town proposes to annex certain territory which adjoins its then corporate limits. The resolution shall contain a description of the territory proposed to be annexed, shall identify the zoning district classification(s) proposed for such territory if annexed (which proposed zoning classifications shall be consistent with the Town's Comprehensive Plan), and shall fix a time and place for a public hearing on the subject of the proposed annexation and zoning. Such resolution may also provide that if the annexation is finally approved, the Town shall not be obligated to provide any municipal services or extend any municipal facilities or improvements unless and until the Town Council, in the sole exercise of its reasonable discretion, determines that it is appropriate for the Town to do so or the owner or developer of any property so annexed (or any portion thereof) binds itself, with reasonable surety acceptable to the Town, to pay in full all costs and expenses to provide such municipal services and/or to extend or construct such municipal facilities and improvements to serve such lands (in strict accordance with all governing federal, state, and Town regulations and standards), subject to an appropriate "recapture agreement" (acceptable to the Town) pursuant to which the owner(s) or developer(s) of other lands benefited by the services, extensions, or improvements paid for by the initial owner/developer under the recapture agreement would pay to the Town their equitably-determined proportionate share of such costs and expenses (as a condition precedent to obtaining such services, extensions, and/or improvements) which amounts the Town would, upon receipt, rebate to the owner or developer which had originally paid for those services, extensions, and/or improvements. The Resolution setting forth the information shall be published at least once in a newspaper of general circulation in the Town and in the territory proposed to be annexed. Such publication shall appear not less than 14 days nor more than 60 days before the date set for the hearing. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

In addition to publication as herein provided, the Town Council shall, not less than 14 days nor more than 60 days before the date of such hearing: (1 ) cause a public notice, containing the full text of the Resolution, to be posted in at least 5 public places in the Town and in at least one place, viewable to the public, in the territory proposed to be annexed; (2) shall comply with the applicable provisions of 29 Del. C. Chapters 92 and 93 as those provisions may from time to time hereafter be amended (or with any future corresponding provision of law), and (3) send a copy of such notice, certified mail, to the owners of record of the lands proposed to be included in the annexation at their address as shown on the public tax records. Written notice to one co-owner shall be notice to all.

(b) The Town Council shall forward a copy of the aforesaid resolution to the Planning Commission for its advisory review and comment. The Planning Commission's recommendations and comments shall be submitted to the Town Council at or before the public hearing held pursuant to section 3.2.2, provided that if such recommendations or comments are not received from the Planning Commission at or prior to such public hearing, the Town Council may proceed without the benefit thereof.

3.2.2 Public Hearing. At the time, date, and place specified in the Resolution proposing annexation (or at any revised date, time, or place if duly noticed as provided in § 3.2.1) the Town Council shall sit to hear comments and opinion from any concerned party (and to receive the recommendations and comments of the Planning Commission, if any) regarding the proposed annexation and proposed zoning district classification. Such public hearing shall be for the purpose of obtaining public opinion and legislative fact finding and the Town Council shall not be bound, in any way, to act in response to any information or comments offered at such hearing.

3.2.3 Resolution Ordering Special Election. At any time following the public hearing, the Town Council may pass a resolution ordering a special election to be held not less than 14 days, nor more than 60 days after the date of such resolution proposing the special election. Such resolution shall identify the zoning district classification(s), consistent with the Comprehensive Plan, which shall be assigned to the territory(s) if annexed. The passage of this Resolution shall ipso facto be considered the determination of the Town Council to proceed with the matter of the proposed annexation and zoning district classification if the election results are in favor of the annexation.

3.2.4 Notice of Special Election. Notice of the time and place of said special election shall be published not less than 14 days nor more than 60 days before the date set for said Special Election. Notice shall be published at least once in a newspaper of general circulation in the Town and in the territory proposed to be annexed. Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

In addition to such publication as herein provided, the Town Council shall, not less than 14 days nor more than 60 days before the date of such special election, cause a public notice containing the full text of the Resolution proposing such Special Election to be posted in at least 5 public places in the Town and in at least 1 place, viewable to the public, in the territory proposed to be annexed.

3.2.5 Those Entitled to Vote.

(a) At such special election, any person residing in the area proposed to be annexed who would be entitled to vote at the annual town election if the area proposed to be annexed was already included in the Town, shall be entitled to one vote. (For purposes of this section "lawfully entitled to vote" shall not include "registered to vote" if registration is required for town elections). In addition, each legal entity or natural person holding record title in its own name in the territory proposed to be annexed, shall be entitled to one vote.

(b) These provisions shall be construed so as to permit only "one-man, one vote". Where a voter is entitled to vote by virtue of both residence and ownership of property, that voter shall be entitled to only one vote; where a voter is entitled to vote by ownership of two or more properties, that voter shall be entitled to only one vote.

(c) Any legal entity (other than a natural person) entitled to vote must cast its vote by a duly executed and acknowledged power of attorney. Any natural person may cast his/her vote by a duly executed and acknowledged power of attorney. Such Power of Attorney shall be surrendered to the Board of Special Election which shall file same in the Office of the Town Manager. Such Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Election on behalf of the legal entity or natural person granting the power.

3.2.6 Conduct of the Special Election. The Town Council may cause voting machines, electronic voting systems, or paper ballots to be used in the Special Election, as required by law, the form of ballot to be printed as follows:

____ For the proposed annexation.

____ Against the proposed annexation.

The Mayor shall appoint three (3) persons to act as a Board of Special Election. One (1) of the said persons so appointed shall be designated the Presiding Officer. The Board of Special Elections shall be the sole and final judges of the legality of the votes offered at such Special Election. It shall keep a true and accurate list of all natural persons and other legal entities voting. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The polling place shall be open for such period of time as the Town Council determines to be reasonable and appropriate under the circumstances, not less than one hour, as set by the Town Council, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for the closing of the polls.

All ballots cast by those persons or other legal entities authorized to vote as residents or property-owners in the territory proposed to be annexed shall be deposited in designated ballot box(es) or cast in designated voting machine(s).

3.2.7 Results of Special Election.

(a) In order for the territory proposed to be annexed to be considered annexed, a majority of the votes must have been cast in favor of the proposed annexation.

(b) If the vote is favorable to the proposed annexation, the Town Council shall at its first meeting following the Special Election adopt a resolution annexing the said territory and including it within the limits of the Town. Contemporaneous therewith, the Town Council shall also adopt an ordinance designating the zoning district classification(s) of the territory(s) so annexed, which shall be consistent with the Town's Comprehensive Plan. If the initial resolution proposing annexation provided that the Town was not obligated to provide municipal services or to extend municipal facilities or improvements to the annexed lands as provided in section 3.2.1, the resolution annexing such lands shall contain the same or substantially similar provisions. Upon the adoption of said resolution of annexation, copies thereof, signed by the Mayor, and certified by the Secretary, with municipal seal affixed, together with a plot of the area annexed, shall forthwith be filed for record in the Office of the Recorder of Deeds in and for Kent and/or New Castle counties, and sent to the Office of State Planning or its successor agency. The territory so annexed shall be considered to be a part of the Town from the moment the last mentioned resolution is adopted by the Town Council. Failure to record said resolution, or the plot accompanying same, shall not invalidate the annexation, but such recording may be enforced by writ of mandamus or mandatory injunction.

3.2.8 Simultaneous Annexation Proceedings. Provided that such parcels otherwise meet the requirements of this charter for contiguity, nothing herein shall be deemed to require the Town Council to include all contiguous parcels proposed for annexation as one "territory" in one annexation election, but the Town Council may, in its sole discretion, simultaneously conduct an annexation election on each such parcel, or on such combinations of contiguous such parcels, as it deems appropriate; nor shall anything herein prevent the Town Council, in its sole discretion, from combining two or more contiguous parcels proposed for annexation in one "territory" for purposes of conducting an annexation election.

3.2.9 Annexation Agreements. Notwithstanding any provision herein to the contrary, where, pursuant to § 3.1.1 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 Town, such petition may be made contingent upon an annexation agreement with the Town 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, site plan approval, tax relief, public utilities, and public improvements. No provision of any annexation agreement shall violate the Town's Comprehensive Plan. The Town Planning Commission shall review any Annexation Agreement submitted and make a report or recommendation thereon to the Town Council which shall make the final decision. The Town Council may, with the concurrence of the entity petitioning for annexation, make revisions to the Annexation Agreement in response to the comments and recommendations of the Planning Commission without reconsideration by the Planning Commission. In the event the Town Council approves such an agreement and votes to accept a petition under § 3.1.1 of this Charter, such Annexation Agreement, as reviewed and finally approved, shall be deemed a material part of the annexation and shall be included in all subsequent steps of the annexation procedure; that is: (1) the resolutions and notices adopted by the Town Council pursuant to § 3.2.1., § 3.2.3, § 3.2.4, and § 3.2.11 shall recite that the proposed annexation includes and is subject to an Annexation Agreement, shall briefly summarize its terms, and shall state that copies of the Agreement are available upon request at the Town Hall; (2) if the results of the election are favorable to the proposed annexation as provided by § 3.2.7(a) of this Charter, the resolution annexing the territory (as provided by § 3.2.7(b)) shall recite that the annexation is subject to an annexation agreement and shall incorporate the terms of such agreement by specific reference; and the Town shall be bound to honor the provisions of such agreement unless released therefrom by the petitioner(s).

Provided Further, that no Annexation Agreement made at the time of annexation under this § 3.2.9 shall extend beyond seven years from the date the property is annexed into the Town; and such agreements shall be null, void, and unenforceable after the expiration of said seven years.

An annexation agreement may be modified or amended by mutual agreement of the petitioner and the Town Council at any time prior to the resolution ordering the special election pursuant to § 3.2.3 of this Charter, but any substantial modification or amendment shall be deemed to be the withdrawal of the original petition and the filing of a new petition under § 3.1.1.

3.2.10 Property Owned by the State of Delaware; Highways, Streets. Roads and Alleys; Ponds, Canals, Streams and Other Waters.

(a) Real property owned by the State of Delaware may be annexed into the Town without the State's casting a vote in the Special Election, provided the state agency having control and supervision thereof does not notify the Town, in writing, of its objection to such annexation within 30 days after notice of the resolution proposing the annexation as provided in § 3.2.1.

(b) Highways, Streets, Roads, and Alleys; Ponds, Canals, Streams, and Other Waters. Contiguity with the Town's existing corporate limits, or with other territory which is itself contiguous with the Town's existing corporate limits, shall not be deemed interrupted by the existence of any highway, street, road, alley, pond, canal, stream, or other body of water running parallel with and between the parcel sought to be annexed, but nothing herein shall be construed to allow rights of way, utility easements, waterways, or like entities to be annexed in "corridor" fashion or to be utilized as a corridor route for annexation to create contiguity.

3.2.11 Limitations. No action contesting the annexation of any territory under this section shall be brought after the expiration of 60 days from the publication of a notice in a newspaper of general circulation in the Town and in the territory annexed, which notice shall contain the following information:

(a) Notice that the Town has annexed such territory and a description thereof.

(b) Notice that any person or other legal entity desiring to challenge such annexation must bring his/her/its action within 60 days from the date of publication of such notice or forever be barred from doing so.

(c) Such notice shall be in bold print or bordered in black in such manner as to call attention thereto.

(d) In addition to publication as herein provided, the Town Council shall cause a public notice, containing the information set out in subsections (a) and (b) above (using date of "posting" for date of "publication"), to be posted in at least five (5) public places in the Town , viewable to the public, one of which places shall be in the territory annexed.

(e) In the event the publications and/or postings do not appear on the same date, the date of the first publication or posting shall control.

3.2.12 Re-submission of Proposed Annexation. Nothing in this section shall prohibit the Council from resubmitting a proposal for annexation to the voters of said territory, or any portion thereof, under the authority of this section and in accordance with the provisions hereof.

4. Powers of the Town

4.1 General. The Town shall have and enjoy all the powers possible for a municipal corporation to have under the Constitution and laws of the State of Delaware, as fully and completely as though they were specifically enumerated in this Charter.

4.2 Enumeration of Powers. Not by way of limitation upon the scope of the powers vested in the Town Council to exercise all powers delegated by this Charter to the Town (except as may expressly appear herein to the contrary), but rather by way of enumeration and for purposes of clarity, the Town Council is vested by this Charter with the following powers, that is to say, the Town Council:

4.2.1 May have and use a corporate seal which may be altered, changed, or renewed at pleasure.

4.2.2 May hold and acquire by gift, negotiation and purchase, devise, lease, or condemnation, property both real (improved or unimproved) and personal, or mixed, within or without the boundaries of the Town, in fee or lesser estate or interest, necessary or desirable for any municipal or public purpose, including but not limited to, providing sites for constructing, improving, extending, altering, or demolishing:

(a) public buildings;

(b) parks;

(c) streets, squares, lanes, alleys, and sidewalks;

(d) sewer systems, including but not limited to sewage lines, conduits, lift stations, sewage disposal or treatment plants, and all appurtenances thereto;

(e) water systems, including but not limited to, water plants, wells, Iines, conduits and all appurtenances thereto;

(f) electric systems, including but not limited to, electric plants, substations, distribution systems, Iines, conduits and all appurtenances thereto;

(g) gas systems, including but not limited to storage tanks, distribution systems, conduits and all appurtenances thereto;

(h) recreational facilities, including but not limited to public bathing beaches, gymnasiums, athletic fields, bicycle paths, tennis, basketball, or paddle ball courts and all appurtenances thereto;

(i) for slum clearance and redevelopment, urban renewal, revitalization, or rehabilitation of blighted areas or removal of dangerous buildings;

(j) for the protection of the health of the citizens of the town;

(k) for the proper furnishing of adequate municipal services to the citizens of the Town and those persons residing in such proximity to, but beyond, the corporate limits of the Town who can be furnished with such municipal services, in the discretion of the Town Council to the mutual benefit and advantage of the Town and such non-residents thereto, upon such terms, charges, and conditions as the Town Council may determine and approve.

4.2.3 May sell, grant, alienate, lease, mortgage, manage, hold and control such property as the interests of the Town may require except as prohibited by the Constitution of the State of Delaware or as restricted by this Charter.

4.2.4 May pay for the acquisition, construction, improvement, repair, extension, alteration, or demolition of any municipal or public property, real, personal, or mixed, from the general fund of the Town, from the proceeds of any bond issue which may be authorized and sold for any of the purposes for which lands and premises are authorized by this Charter to be acquired, and/or from the proceeds of any grant or loan made to the Town by any governmental entity of the United States or the State of Delaware where the proceeds of the grant or loan are for the purposes for which lands and premises are authorized by this Charter to be acquired.

4.2.5 May acquire, build, erect and maintain buildings and facilities necessary or required for housing and equipping the offices of the Town.

4.2.6 May purchase, take and hold real and personal property when sold for any delinquent tax, assessment, trash bill, water rent, electric bill, gas bill, license fee, tapping fee, charge growing out of abatement of nuisances and the like, laying out and repairing sidewalks, or other charge due the Town, and to sell the same.

4.2.7 May ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave, gravel, shell, improve, dredge, erect, remove, repair and replace any new or present street, highway, lane, alley, water course, park, lake, crosswalk, wharf, dock, sewer, drain, gutter, aqueduct, or pipeline or portion thereof, or any new or present sidewalk, curb, or gutter or portion thereof in the Town and the beach or beach strand in or contiguous to the Town; to specify the grade thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; to enter into contracts or agreements for the doing thereof, including contracts or agreements with the State of Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other public thoroughfare within the Town.

4.2.8 May enforce the removal of ice, snow or dirt or other foreign substance from sidewalks and gutters by owners or abutting owners.

4.2.9 May prohibit, remove or regulate the erection of any stoop, step, platform, bay window, cellar door, gate, area, descent, sign, post or any other erection or projection in, over, upon or under any street, highway, alley, lane, water course, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain, aqueduct or pipeline of the Town.

4.2.10 May provide, construct, extend, maintain, manage and control dams, jetties, bulkheads, embankments, flood gates, piers, or fills for the preservation of any strand or high land within the limits of the Town and contiguous thereto to the end that the same may be preserved and properly protected that the general public might enjoy the use thereof.

4.2.11 May direct, regulate and control the planting, rearing, treatment and preserving of ornamental shade trees in the streets, avenues, highways, parks and grounds of the Town and to authorize or prohibit the removal or destruction of said trees.

4.2.12 May fully control within the Town the drainage of all water and to that end to alter or change the course and direction of any natural water course, runs or rivulet within the Town, to regulate, maintain, clean and keep the same open, clean and unobstructed, and to provide, construct, extend and maintain, manage and control a surface water drainage system and facilities for the health, sanitation and convenience of the inhabitants of the Town.

4.2.13 May provide an ample supply of potable water for the Town and its inhabitants and to this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of wells, reservoirs, pumps, machines, water treatment facilities, stations, tanks, standpipes, water mains, fire hydrants, and all other equipment, property, or rights used in or about the collection, storage, purification, conveyance, or distribution or sale of water; to regulate and prescribe for what public or private purposes the water furnished by the Town may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties, or both, for any wilful or negligent injury, or damage to or interference with the water system or the equipment of the Town; in the interest of the public's health, may compel any and all properties in the Town to be connected to the water system of the Town; may furnish or refuse to furnish water from the Town system to places and properties outside the Town limits; and may contract for and purchase water and distribute the same to users within or without the Town with the same full powers as though such water had been initially reduced to usefulness by the municipality itself.

4.2.14 May provide, construct, extend, maintain, manage and control a sewer system and/or a sewage treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of the Town; may regulate and prescribe for what private or public uses or purposes the system may be used, the manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be collected and the fines or penalties or both, for any wilful or negligent injury or damage to, or interference with the said system, plant or facilities; may furnish or refuse to furnish sewer disposal service from the Town system to places and properties outside the Town limits; in the interest of the public's health, may compel any and all properties in the Town to be connected to the sewer system of the Town; and may contract for sewer collection, treatment and/or disposal service and to resell the same to users within or without the Town with the same full powers as though such service had been initially provided by the facilities therefor of the Town itself.

4.2.15 May provide, construct, extend, maintain, manage and control the plant and system, or plants and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the inhabitants of the Town and for lighting the streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, crosswalks, wharfs, docks, public buildings or other public places in the Town, and to this end may acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of transmission and distribution lines, pipes, mains and other conveyances for any such current or gas as may be necessarily proper to light the Town, and to furnish proper connections for electric current and gas to the properties of the inhabitants of the Town who may desire the same; to regulate and prescribe for what private or public purpose the current or gas furnished by the Town may be used, the manner of its use, the amount to be paid by the users thereof, the means whereby such amounts are to be collected and the fines or penalties, or both, for any wilful or negligent injury or damage to or interference with the electric or gas system or systems of the Town; to furnish or refuse to furnish electric current or gas from the Town's system or systems, to places and properties outside the Town limits; and to contract for and purchase electric current or gas and distribute the same to users within or without the Town with the same full powers as though such current or gas had been initially reduced to usefulness by the Town itself.

4.2.16 May regulate, control or prevent the use or storage of gasoline, naphtha, gun powder, fireworks, tar, pitch, resin, and all other combustible or dangerous materials and the use of candles, lamps, and other lights in stores, shops, and other places; may regulate, suppress, remove or secure any fireplace, stove chimney, oven broiler, or other apparatus which may pose a danger of causing fires.

4 2.17 May provide for the organization of a fire department and the control and government thereof; may establish fire limits and do all things necessary for the prevention or extinguishment of fires; and at the discretion of the Town Council, may contribute, donate or give an amount or amounts to any volunteer fire company or companies incorporated under the laws of the State of Delaware, or any volunteer fire association or associations maintaining and operating fire fighting equipment and service to the Town, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as the Town Council shall deem advisable.

4.2.18 May provide for the organization of ambulance, rescue or paramedic services(s) and the control and government thereof; may, at the discretion of the Town Council, contribute, donate or give an amount or amounts to any such service formed or incorporated under the laws of the State of Delaware, or to any volunteer service maintaining and operating ambulance, rescue or paramedic equipment and services for the inhabitants of the Town, provided that any such contribution, donation or gift may be made subject to such conditions and stipulations to the use thereof as the Town Council may deem advisable.

4.2.19 May prevent vice, drunkenness, and immorality.

4.2.20 May prohibit gaming and fraudulent devices.

4.2.21 May prevent and quell riots, disturbances, and disorderly assemblages.

4.2.22 May adopt and enforce such ordinances regulating traffic, on all streets, alleys, avenues, and public ways within the Town as are not inconsistent with the motor vehicle laws of the State of Delaware.

4.2.23 May regulate or prohibit the use of public streets, alleys, sidewalks, boardwalks, beaches, parks, right-of-ways, public places and Town-owned lands for commercial uses or activities not otherwise protected from such regulation or prohibition by the Constitutions of either the United States or the State of Delaware, or by any controlling federal statute.

4.2.24 May regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, bow and arrows, and any other device for discharging missiles which may cause bodily injury or injuries or harm to persons or property; and to regulate or prevent the use of bonfires, fireworks, bombs and detonating works of all kinds.

4.2.25 May provide for and preserve the health, peace, safety, cleanliness, ornament, good order and public welfare of the Town and its inhabitants.

4.2.26 May prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades, productions, circuses or other public performances, amusements and games.

4.2.27 May direct the digging down, draining, filling up, cleaning, cutting or fencing of lots, tracts, pieces or parcels of ground in the Town which may be deemed dangerous or unwholesome or necessary to carry out any improvements authorized by this Charter and to assess the cost thereof against the owner thereof.

4.2.28 May define, prevent, abate or remove nuisances, obstructions or any other condition detrimental to the public safety, health or welfare; and to cause the cost of such abatement or removal to be paid by the legal entity causing or permitting same to exist.

4.2.29 May adopt ordinances providing for the condemnation, upon inspection, of any building or structure in the Town which is determined, on the basis of standards set forth in such ordinance(s) to be a fire hazard or otherwise unsafe, and cause the same to be torn down or removed; and to cause the cost of such demolition and removal to be paid by the legal entity causing or permitting same to exist.

4.2.30 May establish and regulate pounds and to restrain, prohibit and impound any domestic or wild animal, beast, bird or fowl running at large and to authorize the destruction of the same; and to regulate the keeping of dogs within the Town, and to provide for registration and fees thereof.

4.2.31 May provide for the punishment of a violation of any ordinance of the Town by fine or imprisonment or both, not exceeding $1,000.00 and/or thirty days imprisonment for each offense.

4.2.32 May acquire, build, erect and maintain a suitable place as a lock-up or jail for the Town which shall be used as a place for detention of persons accused of violations of law or ordinances, for a reasonable time in cases of necessity prior to hearing and trial; provided that any correctional institution located in Kent or New Castle County may be used for any such purpose, in which event the Town shall pay for the board of persons committed thereto for violations of ordinances which are not violations of any general law of the State.

4.2.33 May provide for payment of any tax, license, assessment, fee, charge, or other amount due the Town by the performance of labor or service for the town by any person owing the same.

4.2.34 May regulate and control the manner of building, moving, or removal of dwellings or other structures and to provide for granting permits for same.

4.2.35 May prohibit and prevent the carrying on of construction by private persons or companies at such times and seasons of the year and at such hours of the day as the Town Council may determine necessary and appropriate for the public health and welfare.

4.2.36 May provide for or regulate the numbering of houses and lots on the streets and the naming of the streets and avenues.

4.2.37 May, for the prevention of fire and the preservation of the beauty of the Town, establish a building line for buildings to be erected; may zone or district the town and make particular provision for particular zones or districts with regard to building or building materials; and may prohibit any building or construction except those for which a building permit has been issued as prescribed by the Town Council; and generally may exercise all powers and authorities vested by virtue of 22 Del. C. Chapter 3, as it may hereafter from time to time be amended, or any future corresponding provision of law.

4.2.38 May license, tax and collect fees of such various amounts as the Town Council from time to time shall fix from any individual, firm, association or corporation carrying on or practicing any business, profession or occupation, or renting out any real or personal property, within the limits of the Town.

4.2.39 May impose, upon new development or construction or upon first time occupancy of new construction, such "impact fees" as are reasonably and proportionally calculated to recover the cost of installing, enlarging, improving, or expanding public or municipal improvements which have a rational nexus to such new construction; and/or to contribute to the costs of operations of those volunteer fire companies and/or ambulance/paramedic companies providing services within the Town.

4.2.40 May grant licenses and impose fees for licenses, issue permits, and regulate any activity within the corporate limits of the Town.

4.2.41 May grant franchises or licenses to any responsible person, firm, association or corporation for such period of time, upon such terms, restrictions, stipulations and conditions and for such consideration as the Town Council shall deem in the best interest of the municipality, to use the present and future streets, highways, lanes, alleys, water courses, parks, lakes, strands, sidewalks, boardwalks, crosswalks, wharfs, docks, beaches and other public places of the Town for the purpose of furnishing heat, light, power, gas, water, sewer, drainage, electric current, telephone, telegraph, television, internet services, railroad (excepting railroads or railways engaged in Interstate Commerce), bus, taxi or other transportation, carrier or public service to the Town, unto the persons, firms or corporations residing or located therein and for the purpose of transmitting the same from or through the Town to points outside the limits thereof; provided, however, that whenever any state or federal law grants jurisdiction over any such activity to a state or federal agency, the Town shall have no authority inconsistent therewith.

4.2.42 May regulate and control the exercise of any license or franchise mentioned in Section 4.2.41 of this Charter, or intended so to be.

4.2.43 May appropriate money to pay the debts, liabilities and expenditures of the Town, or any part or item thereof, from any fund applicable thereto, and to transfer temporarily money from one fund to another fund of the Town in case of emergency.

4.2.44 May inquire into and investigate the conduct of any officer, agent or employee of the Town or any municipal affair and for such purpose or purposes may subpoena witnesses, administer oaths or affirmations, and compel the attendance of witnesses and the production of books, papers, or other evidence by subpoena.

4.2.45 May establish a Pension, Health, Dental, or other insurance plan , (including participation in any pension, health, dental, or insurance plan offered by or through the State of Delaware) for the employees of the Town under such terms and conditions as the Town Council, in its discretion, may deem most appropriate. The method of funding may, if deemed desirable by the Town Council, be accomplished through an insurance company or brokerage firm licensed by the State of Delaware or authorized to do business in this State.

4.2.46 May determine what purposes are deemed to be public purposes or municipal purposes.

4.2.47 May make, adopt, and establish, alter and amend all such Ordinances, Regulations, Rules, and By-Laws not contrary to the laws of this State and the United States as the Town Council may deem necessary to carry into effect any of the provisions of this Charter or any other law of the State relating generally to municipal corporations or which they may deem proper and necessary for the order, protection and good government of the Town, the protection and preservation of persons and property, and of the public health and welfare of the Town and its inhabitants; provided, however that any Ordinance relating to the public health of the Town and its inhabitants or designed to prevent the introduction or spread of infectious or contagious diseases or to prevent nuisances affecting the same shall apply not only within the corporate limits of the Town but as well to all areas and persons outside the Town within one (1) mile from said limits.

4.3 Liberal Construction; Manner of Exercise. The powers of the Town under this Charter shall be liberally construed in favor of the Town, and the enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the Town shall have and may exercise any and all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter to specifically enumerate.

4.4 Manner of Exercising Powers. All powers of the Town, whether express or implied, shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by ordinance or resolution of the Town Council. The Council may, by resolution, do such other act or thing incidental, necessary, or useful in connection with any of the matters in this Charter duly authorized.

4.5 Intergovernmental Cooperation. The Town may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State of Delaware or with any agency or political subdivision thereof, , or the United States or any agency thereof, except as prohibited or restricted by the Constitution or laws of the State of Delaware or by this Charter.

5. Town Council

5.1 Governing Body; Election Districts.

5.1.1 Governing Body. The government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in and exercised by a Town Council composed of a Mayor and six (6) council-members to be chosen as hereinafter provided. Unless the context is clearly to the contrary, the term "Council" or "Town Council" herein shall mean the Mayor and council-members.

5.1.2 Election Districts. In order that the members of the Town Council shall be distributed throughout the Town, before March 1st, 2004, the Town Council shall, by ordinance, divide the town into not less than three (3) representative districts, such districts to be drawn so that the same shall be reasonably equal in population. The Town Council may thereafter provide, by amendatory ordinance, for the creation of up to three (3)additional districts and/or re-arrangement of the boundaries of existing districts in the event of annexation or significant increases in the total population of the Town, but such revisions shall continue to result in districts of reasonably equal population.

(a) District and "At-Large" Representation. In accordance with and subject to the "phase-in" provisions of subparagraph c) below, by the year 2006, the Town Council shall be comprised of one council-member from each representative district (identified as such); the Mayor and the remaining council-members may be domiciles of any representative district, and shall be elected "at large." At any town election, each qualified voter of the town shall be entitled to vote for one candidate for each "at large" office to be filled; but only those qualified voters who, for at least 30 days prior to the date of the election, have been continuously domiciled in the representative district for which a seat is up for election shall be entitled to vote for a district representative candidate.

(b) Public Hearing; Notice. Prior to adopting the ordinance establishing the initial three (3) representative districts (as provided in section 5.1.2 above) or in the event that any action is subsequently taken to create a new election district or to revise the boundaries of then-existing election districts, the Town Council shall hold at least one public hearing, on not less than thirty (30) days public notice, stating the date, time, place, and purpose of the hearing which public notice shall be: (i) published in a newspaper of general circulation in the Town and (ii) posted in at least five (5) public places in the Town. The Town Council shall conduct its review and any proceedings or actions resulting therefrom, so that the boundaries of the new or revised representative districts are finalized and set forth in an appropriate ordinance no later than March 1st of the year following the year in which the review was commenced. Notice of such new or revised representative districts shall be promptly: (i) published in a newspaper of general circulation in the Town and (ii) posted in at least five (5) public places in the Town.

(c) "Phase-In" of District Representation. The present Mayor and council-members of the Town, and other officers appointed to serve, in office under Chapter 339, Volume 62, Laws of Delaware, as amended, shall continue to serve from and after the effective date of this Charter, until their successors are duly elected or appointed. In 2004, two persons shall be elected to the Town Council to fill the vacancies created by the expiration of the terms of office of the two then-outgoing council-members. One of those two vacancies shall be designated as the representative for the 1st representative district and candidates for such seat shall be domiciled in that district. In 2005, three (3) persons shall be elected to fill the vacancies created by the expiration of the terms of office of the then out-going Mayor and two council-members. One of the two council-member vacancies shall be designated as the representative for the 2nd representative district and candidates for such seat shall be domiciled in that district. In 2006, two persons shall be elected to fill the vacancies created by the expiration of the terms of the two then out-going council-members, and one of those two vacancies shall be designated as the representative for the 3rd representative district , and such candidate shall be domiciled in that representative district.

In the event that the Town Council subsequently acts to create new, additional election districts as provided in section 5.1.2 above, one or two (as necessary) of the two vacancies created by the expiration of the terms of the then two out-going council-members shall be designated as the representative(s) for the 4th (and, if necessary, the 5th and 6th) representative district(s), and candidates for that/those seats shall be domiciled in the representative district for which they are seeking election.

(d) Where No District Candidate Files To Run. In the event that no qualified candidate files a timely "Notice of Candidacy" under section 5.3, such seat shall be filled for that term of office by the "at-large" candidate receiving the second-highest number of votes for the at-large seat.

5.2 Qualifications. Candidates for the office of Mayor or council-member shall be at least 21 years of age, shall have been a bona-fide domiciliary of the Town for at least one year prior to the date of the election, and shall be otherwise qualified to vote at the annual Town election as provided in Section 5.5.1. Additionally, any candidate for a representative district council seat shall have been a bona-fide domiciliary of his/her representative district for at least one year. Any person elected to the office of Mayor or council-member must continue, throughout his/her term of office, to meet these qualifications or forfeit his/her office; provided however, that if a council-member with less than one year remaining in his/her term of office shall change that domicile to another representative district in the Town, such council-member shall not, for that reason, be disqualified from or forfeit his/her office.

The Town Council, by majority vote of its disinterested members, shall be the sole and final judge of the qualifications of its members, and shall interpret and apply the standards set forth in this Charter.

5.3 Notice of Candidacy; Determinations Concerning Qualifications; Elected Officials Running for the Office of Mayor.

5.3.1 Notice of Candidacy. In order to be listed on the ballot at any regular or special town election , each candidate shall file a written and signed notice of intention to seek office with the Town Manager, on a form prescribed by the Town, before the second regularly-scheduled town council meeting in March. Such form shall contain an affidavit that the candidate meets all the qualifications for office. The Town Manager shall present all timely received notices of candidacy to the Town Council at the second regularly-scheduled meeting in March.

5.3.2 Determinations Concerning Qualifications. If the Town Manager determines that any candidate may not meet the qualifications for office, he/she shall notify the Mayor who shall call a special meeting of the Town Council to be held not less than twenty-one days prior to the date set for the election, at which the Town Council shall decide the matter. The candidate whose qualifications are at issue shall be notified, by registered mail, of the date, time and place of the hearing, at which he or she may appear and testify. If the Town Council determines that the candidate does not meet the qualifications for office, it shall reject his/her notice of intention to seek office and his or her name shall not appear on the ballot. In making the determination, only those members of the Town Council who are not competing for that seat shall be entitled to vote on the question.

5.3.3 Elected Officials Running for the Office of Mayor. No person who holds any elected office in the Town may file as a candidate for the office of Mayor unless and until that person first resigns from his/her elected position; provided however, that this subsection shall not require any elected official whose term of office expires at the next town election to resign his/her seat as a council-member in order to run for the office of Mayor in that next town election.

5.4 Term of Office. The term of office for the Mayor shall be two years from the date of the election, and the term of office for each council-member shall be three (3) years. Newly-elected persons shall hold office from the date they are sworn into office and until their respective successors have been duly elected and qualified.

5.5 Elections.

5.5.1 Voter Qualifications. Any person shall be qualified to vote who, on the date of the election, is:

(a) a United States citizen

(b) has attained eighteen (18) years of age

(c) has been continuously domiciled in the Town for at least thirty (30) days

(d) has not been adjudged a mentally incompetent person by a court of competent jurisdiction

(e) has not been disenfranchised pursuant to Sections 3 or 7 of Article V of the Constitution of the State of Delaware

For purposes hereof, a person is "domiciled" in the Town when he/she physically resides within the corporate limits of the Town with the actual intent to make that residence his/her fixed and permanent home; however, any person who is enlisted or engaged in any government service of the United States or any military organization of this State of the United States, which service requires him/her to reside outside the limits of the Town, shall be considered to be a domiciliary of the Town during the period of his/her service so long as it remains his/her actual intention to retain Smyrna as his/her fixed and permanent home.

5.5.2 Voter Registration. The Town Council may enact such ordinances concerning the registration of qualified voters for municipal elections in the Town as it deems reasonably necessary to provide for the orderly and efficient conduct of municipal elections; provided that no such ordinances shall alter the qualifications of voters as hereinabove set forth, nor shall any such ordinances unduly impair the right to vote in a municipal election.

5.5.3 Uncontested Elections; Write-In Candidates.

(a) Where there is only one official candidate for each office up for election, if none of the official candidates has a formal opponent on the day of election, the official candidates may assume office without the holding of a formal election.

(b) No person or candidate whose name does not appear on the ballot shall be eligible for election, and votes for "write-in" candidates shall not be counted.

5.5.4 Date, Time, and Place and Manner of Conducting.

(a) Date, Time, and Place. The annual Town Election shall be held on the last Monday in April of each year at such time and place, within the Town, as shall be determined by the Town Council. The polls shall remain open for not less than six (6) hours, the times to be determined by the Town Council.

(b) Notice of Elections. Notice of Town elections, including the date, time, and place thereof, and the names of the candidates for each office to be filled, shall be given by posting notice thereof in at least five (5) public places in the Town not less than two weeks before the day of such election and by publishing notice thereof at least once per week for two successive weeks immediately prior to the date of the election in a newspaper of general circulation in the Town. Such notices shall be in bold print or bordered in black in such manner as to call attention thereto. In the event that the publications and/ or postings do not appear on the same date, the date of the first publication shall control.

(c) Voting Machines, Paper Ballots, Electronic Voting System. Elections shall be by voting machine, electronic voting system, or by paper ballot as the Town Council shall determine; provided however that voting machines or electronic voting systems shall be used if required by general statute. Separate voting machines, ballot boxes, or electronic voting system controls shall be utilized to insure that only those persons entitled to vote for candidates running for representative districts seats are allowed to vote for such candidates.

(d) Absentee Voting. The Town Council may (but shall not be required to), by ordinance, provide for a qualified voter (duly registered if required by ordinance) who shall be unable to appear in person, to cast his or her ballot at any municipal election by absentee ballot.

(e) Rules Governing Conduct of Elections. The Town Council may, by ordinance or resolution, adopt such rules, not inconsistent with the provisions of this Charter or with controlling state or federal law, governing the conduct of elections.

(f) Election Board. Every election shall be held under the s