Sec. 1-1. - Corporate boundaries described; powers of city generally, etc.

The city shall be bounded as follows:

Beginning at a monument upon the present westerly bank of the Delaware River, said monument being located 2688.63 feet easterly from the extension of the center line of Todds Lane (as the latter is established between Bowers Street and Edge Moor Avenue) measured perpendicularly thereto, and 4392.47 feet southerly from the center line of Edge Moor Avenue (as the latter is established between Todds Lane and Eastlawn Avenue) measured perpendicularly thereto; thence northwesterly on a direct line towards the monument located at the intersection of the center lines of Todds Lane and Edge Moor Avenue, a distance of 3,200 feet more or less to its intersection with a line drawn perpendicularly to Market Street (as the latter is at present established between 30th and 36th Streets) through a point 77 feet northeasterly from the center line of 36th Street, measured along the said center line of Market Street; thence northerly perpendicular to Market Street as aforesaid 5500 feet more or less to the northwesterly side of Market Street as the same is established at 65 feet 6 inches in width; thence northeasterly along the said northwesterly side of Market Street 2500 feet more or less to its intersection with the southwesterly property line of the Diamond State Amusement Company, said intersection being approximately 730 feet northeasterly from the center line of Forty-third Street, measured along the said side of Market Street; thence north 23 degrees 35 minutes west, along the said property line, a distance of 524.31 feet more or less to a concrete monument; thence north 19 degrees 12 minutes west, along the same property line, a distance of 823.3 feet to a corner of said property; thence north 68 degrees 28 minutes east continuing along the property division line 57.60 feet to a point; thence south 57 degrees 21 minutes east along the property division line 470.2 feet to a point; thence north 26 degrees 26 minutes east along the property division line 264 feet to a point; thence north 18 degrees 1 minute east along the property division line 369.6 feet to a point; thence north 3 degrees 53 minutes east along the property division line 220 feet more or less to the center line of Rockwood Road, thence northwesterly along the center line of said Rockwood Road following the various courses and distances thereof to its intersection with the center line of Miller Road; thence southwesterly along the center line of Miller Road following its various courses and distances to its intersection with a line drawn parallel to Thirty-seventh and Thirty-eighth Streets and midway between the said Streets; thence southeasterly parallel to Thirty-seventh and Thirty-eighth Streets and midway between them 1050 feet more or less to a point midway between Harrison and Franklin Streets, as the latter are at present established upon the official map or plan of the city, thence southwesterly along a line midway between Harrison and Franklin Streets 1000 feet, more or less to a point distant 600 feet northeasterly from the northeasterly side of 32nd Street measured at right angles thereto; thence northwesterly parallel to 32nd Street and distant 600 feet northwesterly therefrom 750 feet, more or less, to the northwesterly side of Miller Road; thence southwesterly along the said side of Miller Road 650 feet more or less to the southwesterly side of 34th Street extended (as the same is established between Market and Van Buren Streets; thence northwesterly along the said extension of the said southwesterly side of Thirty-fourth Street 300 feet more or less to the center line of the right of way of the Baltimore & Ohio Railroad); thence in a southwesterly direction following the said center line of the Baltimore & Ohio Railroad right of way 4100 feet more or less to the center line of 18th Street extended, as the latter is established southeast of Broom Street; thence westerly at right angles to Concord Avenue and along the present city boundary line 1600 feet more or less to the center line of Brandywine Creek; thence following along the center line of Brandywine Creek in a northerly and westerly direction 7800 feet more or less to its intersection with the extension of the easterly side of Rising Sun Lane; thence southwesterly along the said side of Rising Sun Lane 2600 feet more or less to a point distant 150 feet southwesterly from the southwesterly side of Pennsylvania Avenue measured at right angles thereto; thence southeasterly and parallel to the said side of Pennsylvania Avenue 1900 feet more or less to the northwesterly side of Greenhill Avenue; thence southwesterly along the said side of Greenhill Avenue 1950 feet more or less to the northeasterly side of 7th Street; thence northwesterly along the said side of 7th Street extended 2750 feet more or less to the center line of duPont Road; thence southerly along the center line of duPont Road 2200 feet more or less to the southerly side of Lancaster Avenue extended, as the latter is established between Union Street and Greenhill Avenue; thence southeasterly along the said side of Lancaster Avenue, extended, 2100 feet more or less to the southeasterly side of Greenhill Avenue extended; thence southwesterly along the said side of Greenhill Avenue extended 600 feet more or less to the center line of Linden Street extended, as the latter is established between Van Buren and Union Streets; thence southeasterly along the center line of Linden Street extended 1100 feet more or less to the center line of Woodlawn Ave. extended, as the latter is established between Lancaster and Pennsylvania Avenue; thence southwesterly along the said center line of Woodlawn Avenue extended 2700 feet more or less to the northerly side of the right of way of the P. & R. Railroad; thence southeasterly along the said northerly side of the right of way of the P. & R. Railroad 1400 feet more or less to a point on an extension of the mid distant line between Lincoln and Union Streets; thence northeasterly along said mid distant line and parallel to Union Street 1700 feet more or less to the present city boundary line; thence southerly along the present city boundary line 2800 feet more or less to the center line of Maryland Avenue; thence southerly continuing along the present city boundary line 2200 feet more or less to the center line of the right of way of the main line of the Pennsylvania Railroad; thence northeasterly along said right of way center line and along the present city boundary line about 2900 feet to the westerly side of Beech Street extended, as the latter is laid out southerly from and at right angles to Maryland Avenue; thence southerly along the said side of Beech Street extended and along the present city boundary line 2800 feet more or less to a point distant 450 feet southwesterly from the southwesterly side of "F" Street measured at right angles thereto; thence southeasterly parallel to "F" Street 7800 feet more or less to the southeasterly side of the right of way of the New Castle Branch of the P. B. & W. Railroad; thence in a southeasterly direction along the said right of way of the New Castle Branch of the P. B. & W. Railroad to its intersection with the northerly side of the right of way of the P. & R. Railroad; thence south 37 degrees 28 minutes east along the said northerly side of the right of way of the P. & R. Railroad (as the latter is established upon its plans between Stations 155 and 160) and continuing thence south 37 degrees 28 minutes east across the Delaware River to low water mark upon the easterly side of the Delaware River; thence northeasterly along the said low water line of the easterly side of the Delaware River to a point due east of the monument first mentioned upon the westerly bank of the said river; thence due westerly and re-crossing the Delaware River to the monument at the place of beginning.

Within the limits of the territory by this section included within and made part of the city, the city shall be and is hereby vested with all the powers, rights, privileges and immunities which by law appertain and belong to it as a municipal corporation, and all the laws or ordinances and regulations in force within the limits of the city, as heretofore existing, and not locally inapplicable, shall be extended and applied to the territory comprised within the boundaries as set forth herein.

The real estate by this section added to and included within the boundaries of the city, and all persons now or hereafter residing within the said boundaries shall be subject to assessment for municipal taxes in the same manner and subject to the same rights, rules and restrictions as in other cases within the said city, except that no property situated within that part of the city which shall have become a part of the said city by virtue of this section shall be taxable until the final determination of the effect of an agreement or compact entered into in the year 1905 between the States of New Jersey and Delaware, known as the compact of 1905, and referred to in the opinion of the Supreme Court of the United States in the case entitled "New Jersey v. Delaware," reported in 291 U.S. 361. The word "determination" as herein used may refer either to agreement between the said states or to a final court adjudication.

The boundaries of the city be further extended to include the territory bounded and described as follows, to wit:

Beginning at the intersection of the westerly side of Lincoln Street at 60 feet wide with the southerly side of Oak Street at 50 feet wide; thence easterly along the southerly side of Oak Street 209 feet, 6 inches more or less to a point in the city line; thence, northerly along the said city line, crossing the beds of Oak Street and Lincoln Street, 265 feet, 2 inches more or less to a point in the westerly side of Lincoln Street; thence, southerly along the westerly side of Lincoln Street 162 feet, 6 inches to the point and place of beginning.

Also, beginning at a point in the northeasterly side of Bowers Street (at 60 feet wide), said point being located the two following courses and distances from the intersection of the southeasterly side of Bowers Street (at 60 feet wide) with the northeasterly side of East 35th Street (at 50 feet wide): (1) Along the said southeasterly side of Bowers Street as aforesaid in a northeasterly direction 123 feet more or less to a point in the presently existing boundary line of the city and Brandywine Hundred; (2) thence thereby in a northwesterly direction 60 feet to the northeasterly side of Bowers Street as aforesaid; thence from said point of beginning in a northeasterly direction and along the northeasterly side of Bowers Street extended crossing a twenty-five-foot-wide right-of-way formerly of the Pennsylvania Railroad and now assigned to Delwatco, Inc., a Delaware corporation and crossing the Governor Printz Boulevard (at 100 feet wide) a distance of 1,061.30 feet more or less to a point; thence southwesterly by a line deflecting to the right of the last mentioned course by an angle of 133 degrees, 45 minutes, 10 seconds, crossing the Governor Printz Boulevard and crossing a 36-inch interceptor sewer a distance of 543.83 feet more or less to a point; thence in a southwesterly direction by a line deflecting to the right of the last mentioned course by an angle of 46 degrees, 14 minutes, 50 seconds, crossing the aforementioned 25-foot-wide right-of-way formerly of the Pennsylvania Railroad a distance of 685.21 feet more or less to a point in the said presently existing boundary line between the city and Brandywine Hundred; thence thereby in a northwesterly direction 392.10 feet to the point and place of beginning; containing therein approximately 7.549 acres more or less.

Also, beginning at the intersection of the center line of Miller Road with the center line of 43rd Street extension also known as Lea Boulevard at 100 feet wide; thence from said point and place of beginning and along the center line of Miller Road south 55 degrees, 30 minutes west 595.95 feet to a point; thence north 34 degrees, 45 minutes west 144.24 feet to a concrete monument on the southerly side of the Baltimore and Ohio Railroad Co. right-of-way; thence along said railroad right-of-way north 61 degrees 31 minutes east 426.27 feet to a concrete monument; thence continuing along said railroad right-of-way north 57 degrees, 00 minutes, 30 seconds east 322.82 feet to a concrete monument; thence south 40 degrees, 35 minutes, 30 seconds east 71.5 feet to a concrete monument on the northerly side of Miller Road; thence along said side of Miller Road south 55 degrees, 30 minutes west 156.73 feet to a concrete monument; thence south 34 degrees, 30 minutes east 20.00 feet to the point and place of beginning, containing therein 1.828 acres.

Beginning at a point located on the easterly side of a 40 foot wide easement in line of lands now or formerly of Ahmad E. Amer, said point being located the six following courses and distances from the intersection of the easterly side of Marsh Road and the centerline of Beech Street: (1) along line of lands now or formerly of Frank B. Carpenter Realty Co. and along the easterly side of Marsh Road, south 5 degrees 22 minutes, west, 44.35 feet to a point; [(2)] continuing along said line of lands now or formerly of Frank B. Carpenter Realty Co., south 82 degrees 09 minutes east, 30.02 feet to a point; (3) continuing along the said line of lands now or formerly of Frank B. Carpenter Realty Co., south 8 degrees 52½ minutes west, 77.97 feet to a point in line of lands now or formerly of Peter A. Papa, Jr., et ux.; (4) thence along said lands of Peter A. Papa, Jr., et ux., south 5 degrees 44 minutes 30 seconds west, 11.77 feet to a point; (5) thence continuing along said lands of Peter A. Papa, Jr., et ux., south 8 degrees 52½ minutes east, 382.29 feet to a point in line of lands now or formerly of Ahmad E. Amer; (6) thence thereby north 27 degrees 17½ minutes west, 13.56 feet to the point and place of beginning, which point is located on the easterly side of a 40 foot wide easement and is also in the dividing line between the City of Wilmington and Christiana Hundred, New Castle County; thence from said point of beginning, continuing along the dividing line between the City of Wilmington and Christiana Hundred, north 27 degrees 17½ minutes west, 549.13 feet to a point in line of lands now or formerly of Delmarva Power & Light Co.; thence thereby north 82 degrees 09 minutes west, 621.79 feet to a point located on the easterly side of the Mill Creek Extension of the W.&N.R.R. Railroad; thence thereby the two following courses and distances: (1) south 12 degrees 19 minutes west, 903.48 feet to a point; and (2) south 12 degrees 21 minutes 30 seconds west, 730.03 feet to a point in other lands now or formerly of Delmarva Power & Light Co.; thence thereby the seven following courses and distances: (1) south 77 degrees 38 minutes 30 seconds east, 539.63 feet to a point located on the westerly side of a 40 foot wide private right-of-way; (2) continuing along said private right of way along the arc of a curve to the right in a southerly direction having a radius of 481.50 feet, an arc distance of 49.58 feet to a point; (3) continuing along said private right-of-way, south 0 degree 27 minutes 10 seconds west, 285.46 feet to a point; (4) continuing along said private right-of-way, south 1 degree 19 minutes 50 seconds west, 963.92 feet to a point; (5) south 74 degrees 15 minutes east, 65.18 feet to a point; (6) thence south 9 degrees 19 minutes west, 330.29 feet to a point; (7) south 17 degrees 47 minutes west, 263.11 feet to a point located on the northerly side of the Delaware River Extension of the W.&N.R.R. Railroad; thence thereby the two following courses and distances: (1) along the arc of a curve to the left in an easterly direction having a radius of 686.78 feet, an arc distance of 34.24 feet to a point, which arc is subtended by a chord bearing south 82 degrees 38 minutes 48 seconds east, 34.24 feet; (2) south 84 degrees 4½ minutes east, 17.28 feet to a point located in other lands now or formerly of Delmarva Power & Light Co.; thence thereby the two following courses and distances: (1) north 17 degrees 47 minutes west, 698.27 feet to a point; (2) north 84 degrees 34½ minutes east, 680 feet to a point on the low-water line of the Christina River; thence following the meanderings thereof, 864 feet plus or minus, to a point in line of lands now or formerly of Ahmad E. Amer, said point being the following courses and distances from the last mentioned point: (1) north 1 degree 00 minute east, 770.28 feet to a point; (2) north 2 degrees 17¼ minutes west, 87.72 feet; thence along line of lands now or formerly of Ahmad E. Amer, the 12 following courses and distances: (1) north 89 degrees 01 minutes west, 62.53 feet to a point; (2) south 2 degrees 17¼ minutes east, 32 feet to a point; (3) north 89 degrees 01 minutes west, 54 feet to a point; (4) north 64 degrees 05½ minutes west, 35.95 feet to a point; (5) north 89 degrees 01 minute west, 395.14 feet to a point; (6) north 1 degree 1½ minutes east, 324.18 feet to a point; (7) south 88 degrees 58½ minutes east, 13.56 feet to a point; (8) north 1 degree 1½ minutes east, 183.64 feet to a point; (9) along the arc of a curve having a radius of 67.24 feet, an arc distance of 12.98 feet to a point, which arc is subtended by a chord bearing north 43 degrees 35 minutes 07 seconds east, 12.96 feet; (10) north 49 degrees 07 seconds east, 255.17 feet to a point; (11) along the arc of a curve to the right having a radius of 121.89 feet, an arc distance of 85.61 feet, which arc is subtended by a chord bearing north 28 degrees 59 minutes 45 seconds east, 83.86 feet; (12) north 8 degrees 52½ minutes east, 709.39 feet to point and place of beginning. Be the contents thereof what they may.

Also, all that certain piece, parcel or tract of land situate in Brandywine Hundred, New Castle County and State of Delaware, being the portion of Riverside Hospital that is located in Brandywine Hundred containing 1.175 acres, more or less, as shown on a Plan prepared by Howard L. Robertson, Inc., entitled "Osteopathic Hospital Association of Delaware, Riverside Hospital," dated December 12, 1985, and being more particularly bounded and described as follows, to wit: Beginning at the point of intersection of the northwesterly side of Franklin Place (at 80 feet wide) with the northeasterly side of Thirty-Seventh Street (at 80 feet wide); thence from said point of beginning by the aforementioned northeasterly side of Thirty-Seventh Street, north 22 degrees, 19 minutes, 30 seconds west, 615.91 feet to a point; thence by line of lands, now or formerly, of St. Nicholas Church, north 61 degrees, 05 minutes, 00 seconds east, 83.05 feet to a point; thence passing through Riverside Hospital property along the division line between Brandywine Hundred and the City of Wilmington, south 22 degrees, 19 minutes, 30 seconds east, 625.41 feet to a point in the aforementioned northwesterly side of Franklin Place; thence thereby south 67 degrees, 39 minutes, 00 seconds west, 82.50 feet to the place of beginning, containing within said bounds 1.175 acres, be the same, more or less.

(40 Del. L. ch. 179, § 1; 46 Del. L. ch. 236, § 1; Ord. No. 68-090, § 1; Ord. No. 71-045, § 1; Ord. No. 79-045, §§ 1, 2, 7-26-79; Ord. No. 88-001, 3-7-88; Ord. No. 88-102, § 4, 1-12-89)

Sec. 1-2. - Extension of city or town limits; special election; voting rights.

The general assembly shall not enact any law extending the limits of any city or incorporated town in this state so as to include any portion of the adjoining or adjacent territory until after the question of such inclusion shall have first been submitted at a special election to the qualified voters and real estate owners of the territory proposed to be annexed and included in the limits of the city or incorporated town. At such election, if the majority of the qualified voters and real estate owners in such territory shall vote approval to be included within the limits of the city or incorporated town, then and only then shall such territory be included within the limits of the city or incorporated town. Such special election shall be held by the proper election officers of the district or districts embracing the territory. Each real estate owner shall be entitled to one vote for each one hundred dollars ($100.00) of real estate assessed to him on the assessment records of the county in which the territory is embraced. Each qualified voter, not being the owner of real estate within the territory, shall be entitled to one vote.

However, any city or town may extend its corporate limits without an election by ordinance duly passed by the city or town's governing body if the lands to be annexed are owned wholly by the city or town which is extending its limits.

State law reference— Similar provisions, 22 Del. C. § 101.

Sec. 1-3. - Annexation by large municipalities; special elections.

(a)

Any municipality in the State having a population in excess of 50,000, as enumerated in the most recent federal census, may extend the boundary limits of the municipality so as to include any portion of adjoining or adjacent territory, under the following terms and conditions:

(1)

The annexation process under this section shall only be initiated by a written petition to annex adjacent or adjoining territory submitted by the municipality's chief executive officer, or by member(s) of the municipality's legislative body, or by at least 25% of the qualified voters in the territory. The petition to annex, containing a general description of the territory, must be filed with the clerk of the municipality or equivalent municipal officer who is the keeper of official municipal legislative records and with the equivalent clerk or officer of the county in which the territory is situated.

(2)

Upon the filing of a petition under subsection (a)(1) of this section, the annexation must be approved in the following order:

a.

The legislative body of the municipality must enact an ordinance approving the proposed annexation. The ordinance must provide a legal description of the territory, adopt the corresponding changes to the boundaries of the municipality and contain such other provisions as may be required by law.

b.

The chief executive officer of the municipality must approve the proposed annexation, as evidenced by his or her actual signature approving the ordinance enacted by the municipality's legislative body pursuant to subparagraph a of this paragraph.

c.

The legislative body of the county in which the territory is situated must enact an ordinance approving the proposed annexation. The ordinance may incorporate by reference all or a portion of the ordinance enacted by the municipality's legislative body pursuant to subparagraph a of this paragraph.

d.

The chief executive officer of the county in which the territory is situated must approve the proposed annexation, as evidenced by his or her actual signature approving the ordinance enacted by the county's legislative body pursuant to subparagraph c of this paragraph.

e.

A majority of the qualified voters in each parcel of the territory, voting in a special election held by the proper election official, must approve of the annexation. Such special election shall be held not less than 30 days nor later than 60 days following the date of approval of the county ordinance by the chief executive officer of the county pursuant to subparagraph d of this paragraph.

f.

If the proper election official certifies that the results of the special election indicate that a majority of the qualified voters in each parcel of the territory who voted in such election approved of the proposed annexation, the annexation shall become effective on the first day of the month immediately following such certification.

(b)

If either legislative body shall fail to enact the respective ordinances required under subsection (a)(2)a and c of this section, or if either chief executive officer shall fail to approve such respective ordinances as required by subsection (a)(2)b and d of this section, or if the certification of the votes cast in the special election shall indicate that a majority of the qualified voters in each parcel of the territory who voted in such election was against the annexation of the territory, the proposed annexation of the territory shall be declared to have failed. Nothing in this section shall prohibit any interested party from resubmitting a petition for annexation of the territory, or any portion thereof, under the authority of and in accordance with this section.

(c)

The following definitions shall apply to this section:

(1)

"Adjacent" means to lie upon or touch the boundary of the municipality.

(2)

"Adjoining," in addition to its general meaning, shall also mean to lie upon or touch a highway, railroad right-of-way, or watercourse which lies upon the boundary line of the municipality and separates the municipality and the territory by only the width of such highway, railroad right-of-way or watercourse. If more than 1 highway and/or railroad right-of-way and/or watercourse, or any combination of the same, separates the municipality and the territory, and such highways and/or railroad rights-of-way and/or watercourses lie upon or touch each other, then the municipality and the territory shall be deemed adjoining.

(3)

"Election official" shall mean the person designated as the judge of the election under any special election law concerning annexations which applies to the particular municipality under 15 Del. C. or otherwise.

(4)

"Parcel" shall mean the property in the territory to which is assigned a separate tax parcel number on the books and records of the county Board of Assessment.

(5)

"Qualified voter":

a.

With respect to any petition filed by voters in the territory pursuant to subsection (a)(1) of this section, the term "qualified voter" shall mean each voter qualified to vote under any special election law concerning annexations which applies to the particular municipality under 15 Del. C. or otherwise, as of the date of filing of the petition; and

b.

With respect to any such special election, the term "qualified voter" shall have the meaning set forth under any special election law concerning annexations which applies to the particular municipality under 15 Del. C. or otherwise.

(6)

"Territory" shall mean the property or properties proposed to be annexed to the municipality.

State law reference— Similar provisions, 22 Del. C. § 101A.

Sec. 1-4. - Withdrawal or removal of property from city or town; special election; voting rights.

The General Assembly shall not enact any law which removes real property from within the limits of any city or incorporated town in this State until after the question of such removal shall have first been submitted to the governing body of the city or incorporated town at a special election of qualified voters and real estate owners of the city or incorporated town. The governing body of the city or incorporated town must first grant its approval by affirmative vote of a majority of the members of the body. When a special election is held, a majority of the qualified voters and real estate owners in the city or incorporated town must approve the removal from within the limits of the city or incorporated town and only then shall the real property be removed from the assessment rolls of the city or incorporated town. Any special election shall be held by the proper election officers of the city or incorporated town. The voting requirements shall be the same as those that exist for all other municipal elections in the municipality involved.

State law reference— Similar provisions, 22 Del. C. § 105.

Sec. 1-5. - Statutes of limitations as to challenges to zoning and subdivision actions.

(a)

No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any ordinance, code, regulation or map, relating to zoning, or any amendment thereto, or any regulation or ordinance relating to subdivision and land development, or any amendment thereto, enacted by the governing body of a county or municipality, is challenged, whether by direct or collateral attack or otherwise, shall be brought after the expiration of sixty (60) days from the date of publication in a newspaper of general circulation in the county or municipality in which such adoption occurred of notice of the adoption of such ordinance, code, regulation, map or amendment.

(b)

No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any action of the appropriate county or municipal body finally granting or denying approval of a final or record plan submitted under the subdivision and land development regulations of such county or municipality is challenged, whether directly or by collateral attack or otherwise, shall be brought after the expiration of sixty (60) days from the date of publication in a newspaper of general circulation in the county or municipality in which such action occurred of notice of such final approval or denial of such final or record plan.

State law reference— Similar provisions, 10 Del. C. § 8126.

Sec. 1-6. - General jurisdiction and powers [of Public Service Commission].

(a)

The [Public Service] Commission shall have exclusive original supervision and regulation of all public utilities and also over their rates, property rights, equipment, facilities, service territories and franchises so far as may be necessary for the purpose of carrying out the provisions of this title [of the Delaware Code]. Such regulation shall include the regulation of the rates, terms and conditions for any attachment (except by a governmental agency insofar as it is acting on behalf of the public health, safety or welfare) to any pole, duct, conduit, right-of-way or other facility of any public utility, and, in so regulating, the Commission shall consider the interests of subscribers, if any, of the entity attaching to the public utility's facility, as well as the interests of the consumer of the public utility service.

(b)

Further, the Commission shall have exclusive original jurisdiction and regulation of every cable television system outside the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a cable system, and the Commission shall have supervision and review jurisdiction and regulation over any action taken by incorporated municipalities, which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a cable system with respect to the regulation of cable television systems, including the grant of or failure to grant franchises for a cable system by such municipality or the terms of any franchise now or hereafter granted for a cable system by such a municipality or the conduct of any franchisee holding a franchise from such a municipality, provided that the Commission's original and review jurisdiction and regulation shall be conducted solely in accordance with the provisions of subchapter VI of this chapter [of the Delaware Code].

State law reference— Similar provisions, 26 Del. C. § 201.