CHAPTER 144 – THE CITY OF WILMINGTON – RELATIVE TO THE STREETS AND SEWERS

AN ACT TO AMEND CHAPTER 188, VOLUME 18, LAWS OF DELAWARE, BEING AN ACT ENTITLED: **AN ACT IN RELATION TO THE STREETS AND SEWERS OF THE CITY OF WILMINGTON", BY PROVIDING FOR THE QUALIFICATIONS OF MEMBERS OF, AND THE FILLING OF VACANCIES IN, THE BOARD OF DIRECTORS OF THE STREET AND SEWER DEPARTMENT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House of the General Assembly concurring therein):

Section 1. That Chapter 188, Volume 18, Laws of Delaware, being An Act Entitled: "An Act in Relation to the Streets and Sewers of the City of Wilmington", be and the same is hereby amended by striking out and repealing all of the second paragraph of Section 2 of the said Chapter 188, and inserting in lieu thereof a new paragraph, as follows:

"No person shall be eligible to appointment as a member of said Board who shall not be a citizen of the United States, a qualified voter of the State, and resident of the City of Wilmington for the last five years next preceding his appointment. Any member of said Board may be removed, for malfeasance in office, by the mayor of said City, with the concurrence of two-thirds of all the members elected to city council. The reason for the removal shall be entered in the journal. The members of said Board shall hold no other municipal office during his or their membership in said Board. In the event of any vacancy occurring in the membership of said Board, in any manner other than by expiration of term of office, the Mayor shall fill said vacancy by an appointment for the unexpired term. All members of said Board shall not, at any one time, belong to the same political party. Each member of said Board shall, before entering upon his duties in addition to any oath required to be taken by other municipal officers, take and subscribe and file in the office of the Mayor of the said City, an oath or affirmation that he will faithfully perform his duties as a Director in the Street and Sewer Department of said City, and that he will neither be concerned nor interested pecuniarily, either directly or indirectly, in any contract for work or materials furnished for or about the erecting, construction or repairs of said streets, squares, lanes, road, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, while a member of said Board; and, further, that he will not be controlled, in any vote or action, as a member of said Board, by political or partisan consideration."

Approved February 20, 1941.