CHAPTER 115
FORMERLY
SENATE BILL NO. 88
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND
SENATE AMENDMENT NOS. 2 AND 3
AN ACT TO AMEND CHAPTER 216, VOLUME 27 LAWS OF DELAWARE ENTITLED "AN ACT AMENDING, REVISITING AND CONSOLIDATING THE CHARTER OF THE CITY OF NEW CASTLE," BY AMENDING ITS CHARTER TO PROVIDE AUTHORITY TO PROVIDE ADDITIONAL SERVICES (AS DEFINED) AND SPECIFYING ITS POWERS CONSISTENT WITH THOSE AUTHORIZED BY TITLE 22, SECTION 802 OF THE DELAWARE CODE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 216, Volume 27, Laws of Delaware, entitled “An Act Amending, Revisiting and Consolidating the Charter of the City of New Castle” by striking the first paragraph of Section 16 and inserting a new paragraph as follows:
“The Council is invested with all the power and authority formerly invested by the law in the Town Commissioners of New Castle, not inconsistent with the provision of this charter, and especially with power to make and enforce sanitary regulations and to prevent the introduction of infectious or contagious diseases, for which purposes its jurisdiction shall extend to a distance of one mile beyond the limits of the City; to define, abate and remove nuisances; to lay out, open, regulate the use of, fix the grade of, alter, extend, pave, improve or vacate roads, streets, squares, parks, lanes and alleys; to grant franchises and privileges within the City and over the roads and streets thereof upon such terms and conditions as it may prescribe; to construct, regulate and maintain sewers, drains, gutters and other works for the drainage of said City and the disposition of sewage; to direct, and regulate the paving of footways and sidewalks and prescribe the width of the same and to direct and regulate the fixing or maintenance of curbs; to prescribe the extend of steps, porches, cellar doors and other inlets to buildings; to provide police protection and to make such regulations as may be necessary to protect persons and property and to maintain the public peace and prevent crime; to provide for the extinguishment of fires and to purchase, own or control all necessary apparatus thereof; to provide for supplying the City and its inhabitants water and to provide for the acquisition or erection of such works and apparatus as may be necessary or convenient for the same; to provide for lighting the streets and public places and supplying the inhabitants with light, and to provide for the acquisition or erection of such works and apparatus as may be necessary or convenient for the same; to provide for supplying the city and its inhabitants with steam, manufactured gas, natural gas, heat, power, electric power and, on a non-exclusive basis, with heating oil and wired and wireless telecommunications (telecommunications to include, but not be limited to, internal communication; communication services to the City of New Castle, schools, and non-profit institutions; and commercial and residential voice, data, and video services) and to provide for the acquisition or erection of such works and apparatus as may be necessary or convenient for the same; to regulate public amusements; to regulate party walls and the erection of buildings within the City and to require licenses to be taken out for the erection or repair of the same; to regulate the markets; to regulate the storage of gunpowder or other dangerous combustible matter; to prevent the running at large of any hog, dog, or other animals; and in general to exercise all municipal powers necessary to the proper administration of the municipal government and for the well being of the said City and the inhabitants thereof, whether expressly enumerated herein or not, not inconsistent with the Constitution or laws of the State. Provided, however, that this Act shall not adversely affect the existing facilities or other property rights of public utilities providing service within the City on the date of enactment of this Act. If the City shall elect to acquire any such facilities or property it may do so by agreement or pursuant to applicable legislation.”
Section 2. Amend Chapter 216, Volume 27, Laws of Delaware, entitled “An Act Amending, Revisiting and Consolidating the Charter of the City of New Castle” by adding a new paragraph at the end of Section 16 with the following:
“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 thereby, or appropriate to the exercise thereof, it is intended that the City of New Castle shall have, and may exercise all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter specifically to enumerate.”