Delaware General Assembly


CHAPTER 37

FORMERLY

HOUSE BILL NO. 248

AN ACT TO AMEND CHAPTER 215, VOLUME 64, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CHARTER OF THE CITY OF HARRINGTON AND A REALTY TRANSFER TAX.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

SECTION 1. Amend Section 25, Chapter 215, Volume 64, Laws of Delaware by adding a new paragraph at the end thereof to read as follows:

"Notwithstanding any statute to the contrary, the City of Harrington shall have the power by ordinance to Impose and collect a tax, to be paid by the transferor and/or transferee as determined by Council, upon the transfer of real property within the City not to exceed one percent (1%) of the value of the real property as represented by the document transferring the property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer tax imposed by the City of Harrington pursuant to the authority granted herein. Council of the City of Harrington may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by way of a stamp affixed to a document, the Recorder of Deeds in and for Kent County shall not receive for record documents subject to said tax unless stamps provided by the City of Harrington are affixed thereto showing payment of the tax."

Approved June 21, 1989.