Delaware General Assembly


CHAPTER 367

AN ACT TO AMEND CHAPTER 163, VOLUME 32, LAWS OF DELAWARE, AS AMENDED, BEING AN ACT ENTITLED "AN ACT TO FURTHER AMEND CHAPTER 92, VOLUME 23, LAWS OF DELAWARE," BEING AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE ORGANIZATION AND " CONTROL OF PUBLIC SCHOOLS OF THE CITY OF WILMINGTON."

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

Section 1. Section 11 of Chapter 163, Volume 32, Laws of Delaware, as amended, being an Act entitled "An Act to Further Amend Chapter 92, Volume 23, Laws of Delaware," being an Act entitled "An Act to Provide for the Organization and Control of the Public Schools of the City of Wilmington," is amended by striking Section 11 thereof and inserting in lieu thereof a new Section 11 to read as follows:

Section 11. The Council shall, every year, when determining the amount necessary to be raised on the persons and estates in the City of Wilmington for public use, also include the sum necessary to be raised on the persons and estates for executing the foregoing provisions; provided that the amount to be raised by taxation for school expenses in any one year, including all the expenses which the Board of Education is authorized to incur under the provisions of this Act for the maintenance and operation of said schools, but not including interest on bonded debt and retirement of bonds falling due, shall not exceed a limit established by the Wilmington School Tax Commission, in cents on each one dollar of the value of real and personal property as assessed and taxable for the City purposes. The Wilmington Tax Commission shall be composed of the Mayor of the City of Wilmington, the President of the City Council of the City of Wilmington, the President of the Board of Public Education in Wilmington, and two (2) City Councilmen, not of the same political party, to be appointed by the Mayor.

Each of the two (2) Councilmen appointed by the Mayor under the provision of this Act shall serve a term of one (1) year commencing January 1st and ending December 31st in each calendar year, except that any Councilman appointed by the Mayor upon the enactment of this Act shall serve initially only until the end of that calendar year.

The "Wilmington School Tax Commission" must meet before March 31st in Order to establish the limit on the taxing authority of the Council except in 1970 when they must meet by June 30th.

The Mayor shall serve as Chairman of this Commission and the Commission shall meet at the call of the chair.

The concurrence of at least three (3) of the elected officials, serving on the Commission, shall be required in establishing the limit set forth in this section.

Approved April 13, 1970.