Delaware General Assembly


CHAPTER 207

AN ACT TO AMEND VOLUME 52, CHAPTER 283, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF NEWPORT," ALSO KNOWN AS THE NEWPORT TOWN CHARTER, BY REVISING CHARTER PROVISIONS AS TO THE ALDERMAN, ELECTION BALLOTS, COMMISSIONERS' COMPENSATION, NON-RESIDENT VOTERS, SPECIAL MEETINGS OF THE COMMISSIONERS, COMMUNITY WELFARE FUND, CITY ENGINEER, BORROWING FOR CURRENT EXPENSES AND FEES AND COSTS IN MONITION PROCEEDINGS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each branch of the General Assembly concurring therein):

Section 1. Volume 52, Chapter 283, Laws of Delaware, is hereby amended by striking Section 6 thereof and substituting a new Section 6, as follows :

Section 6. Ballots

The ballots shall contain a heading for each office to be filled, and the names of the candidates for a particular office shall be listed alphabetically under the appropriate office heading. The ballot shall also contain instructions as to how many candidates to vote for as to each office and the manner in which the voter is to register his vote on the ballot for a particular candidate. A defective designation of a voter's choice under one or more office headings shall not invalidate such ballot so far as there shall appear to be a proper designation of choice of candidates under any other of the office headings.

Section 2. Volume 52, Chapter 283, Laws of Delaware, is hereby amended by striking Section 13 thereof and substituting a new Section 13 as follows :

of two hundred dollars ($200) to be paid yearly during the month of December. The Commissioners may elect to pay additional compensation to themselves but such additional compensation shall not exceed one hundred ($100) to any Commissioner in any one year. The Commissioner elected Mayor shall receive a minimum annual salary of two hundred and fifty dollars ($250) to be paid yearly during the month of December.

The treasurer shall receive a minimum annual salary of two hundred dollars ($200) ; the Alderman and assessor shall be compensated as provided in Sections 20 and 23 of this Chapter, respectively. The above mentioned salaries are to be paid yearly during the month of December. The Commissioners shall fix the compensation to be received by the Secretary and Collector of Taxes for their services in office.

Monies received from the Town by Commissioners as compensation for services and duties performed in capacities other than as Commissioner shall not be included in computing the minimum and maximum annual salary of a Commissioner.

Section 3. Volume 52, Chapter 283, Laws of Delaware, is hereby amended by striking from Section 23 thereof the word "Alderman" wherever it appears.

Section 4. Volume 52, Chapter 283, Laws of Delaware, is hereby amended by striking Section 7 thereof and substituting a new Section 7 as follows :

Section 7. Voter qualifications

Every person domiciled in the Town of Newport who shall have reached the age of twenty-one years, who is a citizen of the United States, who has been domiciled in the State of Delaware for one year and in the Town of Newport for at least three months next preceding the day of the election, or, who not being a resident of the Town, is an owner of real property in the Town, and whose name is recorded in the registration book of the Town of Newport shall be entitled to vote at the annual municipal elections, special elections and referenda, except as otherwise provided in this Charter.

Section 5. Volume 52, Chapter 283, Laws of Delaware, is hereby amended by striking Section 12 thereof and substituting a new Section 12 as follows :

Section 12. Meeting of Commissioners

In addition to the Organization Meeting there shall be twelve stated meetings of the said Commissioners in every year, viz : On the first Thursday of every month. Special meeting may be called by the Mayor or be request of any three Commissioners and, whenever practicable, upon no less than eight hours' notice to each member. All meetings except Organization Meetings shall be open to attendance by the public.

Section 6. Volume 52, Chapter 283, Laws of Delaware, Section 15, subsection (a), the first paragraph is hereby amended by striking the following words and figures in the last sentence of that paragraph, "two hundred and fifty dollars ($250)" and inserting in lieu thereof the words and figures, "three hundred and fifty dollars ($350)."

Section 7. Volume 52, Chapter 283, Laws of Delaware, Section 26, the ninth paragraph is hereby amended by striking the following words and figures in the first sentence of that paragraph, "two per centum (2% )" and inserting in lieu thereof the words and figures, "four per centum (4% )."

Section 8. Volume 52, Chapter 283, Laws of Delaware, Section 28, the fourth paragraph is hereby amended by striking the following words in the next to last sentence of that paragraph, "in the Town", and inserting in lieu thereof the words, "in New Castle County, Delaware."

Section 9. Volume 52, Chapter 283, Laws of Delaware, Section 29, the second paragraph is hereby amended by striking the following words in the first sentence of that paragraph, "order the City Engineer to."

Section 10. Volume 52, Chapter 283, Laws of Delaware, Section 35, the first paragraph is hereby amended by striking the following words in the second sentence of that paragraph,

"one-half" and insert in lieu thereof, "one."

Section 11. Volume 52, Chapter 283, Laws of Delaware, Section 37, subsection (b) is hereby amended by striking the last two paragraphs of said subsection beginning with paragraph, "The fees and costs * *" and adding in lieu of said paragraphs the following new paragraph :

The fees and costs to be fixed in all monition proceedings under this Section, where not otherwise provided for, shall be set by the Commissioners by ordinance. All other charges not covered by this Section shall be the same as are provided by law.

Approved December 29, 1967.