CHAPTER 391
AMENDING CHARTER OF CITY OF WILMINGTON
AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON AS AMENDED BY CHANGING THE TERM OF OFFICE OF MAYOR AND CERTAIN OTHER ELECTED OFFICERS OF THE SAID CITY OF WILMINGTON, BY RECONSTITUTING "THE COUNCIL" AND BY CHANGING THE NUMBER OF ELECTIVE OFFICES OF SAID CITY OF WILMINGTON.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):
Section 1. That Section 6, Chapter 207, Volume 17, Laws of Delaware, as amended by Section 1, Chapter 177, Volume 24, Laws of Delaware, as amended by Chapter 194, Volume 26, Laws of Delaware, and as further amended by Section 1, Chapter 110, Volume 49, Laws of Delaware, be and it is hereby further amended to read as follows :
§ 6. At the General Election to be held on the Tuesday next after the first Monday in November, 1956, and on the same day in every fourth year thereafter, on which General Elections are held, the qualified voters of the City of Wilmington shall vote for a Mayor who shall be elected by a plurality of all the votes cast in the several election districts of the City. The Mayor shall hold office for a term of four years commencing on the first Tuesday after the first Monday in January next succeeding his election, except for the Mayor who is elected at the General Election in November 1956. The term of the Mayor so elected at the said General Election shall commence on the first day of July 1957 and terminate on the first Tuesday after the first Monday in January 1961. The salary of the Mayor shall be fixed by ordinance of "The Mayor and Council of Wilmington".
Section 2. That Section 29, Chapter 207, Volume 17, Laws of Delaware, as amended by Section 3, Chapter 177, Volume 24, Laws of Delaware, and as further amended by Section 2, Chapter
110, Volume 49, Laws of Delaware, be and it is further amended to read as follows:
§ 29. On and after the first day of July, 1957, "The Council" shall consist of a President of Council and twelve other members. At the General Election to be held on the Tuesday next after the first Monday in November, 1956, and on the same day in every fourth year thereafter on which General Elections are held, there shall be elected a President of City Council and twelve members of Council for the term of four years, commencing on the first Tuesday after the first Monday in January next succeeding such election, except for the President of City Council and the twelve members of Council who are elected at the General Election in November, 1956, and the term of such President of Council and members of Council so elected at such General Election shall commence on the first day of July, 1957, and terminate on the first Tuesday after the first Monday in January, 1961. The President of Council shall be the presiding officer and a member of said Council. The President of Council shall be a bona fide resident and freeholder of any ward within the City. The President of Council and all twelve members of the Council shall be elected by a plurality of all votes cast in the several election districts of the City. Each City Ward shall be represented in Council by a bona fide resident and freeholder of the Ward. Each member of Council so elected shall, during his term of office, remain a resident of the ward of which he was elected to represent. Where it appears that a member of Council has abandoned his domicile within the ward of which he was elected to represent, the Council shall, by a vote of two-thirds of the members elected, not including the member in question, declare the seat of such member to be vacant.
Section 3. Section 32, Chapter 207, Volume 17, Laws of Delaware, as amended by Section 4, Chapter 177, Volume 24, Laws of Delaware, and as further amended by Section 3, Chapter 110, Volume 49, Laws of Delaware, be and it is further amended to read as follows :
§ 32. At the General Election to be held on the Tuesday next after the first Monday in November, 1956, and on the same day in every fourth year thereafter on which General Elections are held, the voters of the City of Wilmington shall vote for a
City Treasurer who shall be elected by a plurality of all the votes cast in the several election districts in the City. The City Treasurer shall be a bona fide resident and freeholder of any ward within the City and he shall hold office for a term of four years commencing on the first Tuesday after the first Monday in January next succeeding his election, except for the City Treasurer who is elected at the General Election in November, 1956. The term of the City Treasurer elected at such General Election shall commence on the first day of, July, 1957 and terminate on the first Tuesday after the first Monday in January, 1961. On and after the first day of July, 1957, the City Treasurer shall appoint a clerk for his office, to be known as the City Treasurer's Clerk, who shall hold office at the pleasure of the City Treasurer. The City Treasurer shall have power to discharge said Clerk at any time and his acts in this respect shall not be questioned. The Council shall have power by ordinance to fix the salary of said Clerk.
Section 4. Section 1, Chapter 119, Volume 28, Laws of Delaware, as amended by Section 4, Chapter 110, Volume 49, Laws of Delaware, be and it is hereby further amended to read as follows :
§ 1. At the General Election to be held on the Tuesday next after the first Monday in November, 1956, and on the same day in every fourth year thereafter on which General Elections are held, the voters of the City of Wilmington shall vote for one Collector of Taxes for the City of Wilmington who shall be elected by a plurality of the votes cast in the several election districts in the City. The Collector of Taxes shall be a bona fide resident and freeholder of any ward within the City. He shall hold office for a term of four years commencing on the first Tuesday after the first Monday in January next succeeding his election, except for the Collector of Taxes who is elected at the General Election in November, 1956. The term of the Collector of Taxes elected at such General Election shall commence on the first day of July, 1957 and terminate on the first Tuesday after the first Monday of January, 1961. The Collector shall be known as the Collector of Taxes for The City of Wilmington.
Section 5. §30, Chapter 207, Volume 17, Laws of Delaware, as amended by Chapter 660, Volume 18, Laws of Delaware, be and it is hereby further amended to read as follows:
§ 30. The Council shall hold a meeting for organization on the first Tuesday after the first Monday in January next succeeding their election, except for the Council elected in November, 1956. The members of Council elected at such General Election shall meet for organization on the first day of July, 1957; and shall further meet at least once every month at such time or times and places as it shall appoint. Special meetings may be called by the Mayor upon his own motion, or shall be called at the request of five members. The sittings of Council shall be public. It shall choose its officers, except where otherwise provided for in this Charter. It shall determine the rules of its proceedings and keep a journal of the same. The President of Council shall be entitled to vote on all questions determined by Council and shall be considered a Member of Council.
On and after the first day of July, 1957, seven members shall constitute a quorum to do all business. No ordinance shall be passed without the concurrence of a majority of all members of the Council and unless it shall have had two readings at a previous stated meeting or meetings, nor shall any ordinance be repealed unless notice shall have been given and entered on the journal of the Council at a stated meeting, that at the next succeeding stated meeting an ordinance would be introduced for such repeal. All questions, upon the call of any member, shall be taken by ayes and noes, which shall be entered upon the journal. All elections for officers to be appointed by Council shall be by ballot and by a majority of votes of all the members of Council.
Section 6. All Acts or parts of Acts which are inconsistent with this Act are hereby repealed.
Section 7. If any word, sentence, paragraph, section or provision of this Act, shall be declared unconstitutional by a competent Court, the other and remaining words, sentences, paragraphs, sections and provisions shall not be affected thereby but shall remain in full force and effect.
NOTE: This bill became a law on June 28, 1955, without the approval of the Governor and in accordance with Section 18, Article 3, of the Constitution of Delaware.