CHAPTER 293

NEW CASTLE COUNTY - REGIONAL PLANNING

AN ACT TO AMEND CHAPTER 168 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "REGIONAL PLANNING", BY PROVIDING FOR MEMBERS; TERMS; VACANCIES; COMPENSATION; QUALIFICATIONS; EXISTING MEMBERS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 168 of the Revised Code of Delaware, 1935, as amended by Chapter 266, Volume 43, Laws of Delaware, and Chapter 114, Volume 45, Laws of Delaware, shall be and the same is hereby further amended by striking out paragraph 5789, Sec. 3 thereof, and inserting in lieu thereof the following, to be known as 5789, Sec. 3:--

5789. Sec. 3. Members; Terms; Qualifications; Vacancies; Compensation; Existing Members:--On and after the effective date of this Act the said Regional Planning Commission of New Castle County shall consist of eleven members as follows:

The Chief Engineer of the Street and Sewer Department of the City of Wilmington, the Chief Engineer of the Board of Water Commissioners of the City of Wilmington, a member appointed by the Board of Park Commissioners of the City of Wilmington, the County Engineer of New Castle County, and seven members to be appointed, one of whom shall be appointed by the State Highway Department of the State of Delaware, one of whom shall be appointed by the State Board of Health of the State of Delaware, four of whom shall be appointed by the Levy Court of New Castle County, and one of whom shall be appointed by the Mayor of The Mayor and Council of Wilmington.

The terms, as members of the Commission, of the Chief Engineer of the Street and Sewer Department of the City of Wilmington, Chief Engineer of the Water Commissioners of the City of Wilmington, and County Engineer of New Castle County, shall come to an end at the end of the respective terms for which they were chosen as such Chief Engineer of the Street and Sewer Department of the City of Wilmington, Chief Engineer of the Water Commissioners of the City of Wilmington, and County Engineer of New Castle County. The members of the Commission appointed by the State Highway Department, the Board of Park Commissioners, and by the State Board of Health shall serve at the pleasure of said State Highway Department, Board of Park Commissioners, and said State Board of Health, respectively.

The members of the said Commission heretofore appointed shall continue as such members for the unexpired portion of the term for which they were appointed. The said Levy Court shall promptly appoint two additional members to said Commission, one of whose term shall be for three years and one of whose term shall be for four years. Thereafter, all of the members appointed by the said Levy Court and by the said Mayor shall be appointed for the term of five years as follows:

During the month of June, A. D. 1947, and during the month of June of each year thereafter in which a term of any member theretofore appointed by said Levy Court expires, the said Levy Court shall appoint a member to said Commission. During the month of June, A. D. 1949, and every fifth year thereafter, the said Mayor shall appoint a member to said Commission. The members so appointed shall be residents of New Castle County and not more than two members shall be appointed from the same Hundred. Persons shall be appointed who shall be known to have knowledge and experience to pass upon regional planning and zoning problems in connection with urban and rural development, and who at the time of appointment are not candidates for or incumbents of an elective public office. The terms of office shall commence on the first day of July following their appointment. When any vacancy occurs in said Commission, either by death, resignation, expiration of term of office, removal, or otherwise, of any person so appointed, the vacancy shall be filled for the unexpired term by the body or person which appointed the member to the office in which such vacancy occurred. The members of said Commission shall serve without compensation, but shall be paid their necessary expenses incurred in the performance of their duties. Each member shall serve until his successor is appointed and qualified.

Approved April 17, 1947.