CHAPTER 134

MILFORD

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF 'THE TOWN OF MILFORD', TO `THE CITY OF MILFORD' AND ESTABLISHING A CHARTER THEREFOR", BEING CHAPTER 162, VOLUME 37, LAWS OF DELAWARE, AS AMENDED.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected thereto concurring therein):

Section 1. Section 2, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

Section 2. The City shall be divided into four wards. All the territory within the City Limits lying south of the Mispillion River and east of the center line of Walnut Street shall be the first ward; all the territory within the City Limits lying south of the Mispillion River and to the west of the center line of Walnut Street shall be the second ward; all the territory within the City Limits lying north of the Mispillion River and to the east of the center line of Walnut Street shall be the third ward; and all the territory within the City Limits lying north of the Mispillion River and west of the center line of Walnut Street shall be the fourth ward.

Section 2. Section 5, Chapter 162, Volume 37, Laws of Delaware, as amended by Section 1, Chapter 171, Volume 48, Laws of Delaware, is hereby amended by striking out all of Section 1, Chapter 171, Volume 48, Laws of Delaware, and substituting in lieu thereof the following paragraph :

(c) The Mayor and Members of Council shall be citizens of the State of Delaware and shall have resided in said City for at least six months next preceding the day of election. They shall be freeholders above the age of twenty-one years and non-delinquent taxables of the City of Milford.

Section 3. Section 6. (A), Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

Section 6. (A) The annual municipal election shall be held on the Monday following the third Friday in the month of January, from twelve (12) o'clock noon until six (6) o'clock in the afternoon, at such places as shall be determined by the Council, due notice of which shall be given by an advertisement printed in a newspaper published in the City and posted in three public places in each ward of the City not less than ten days before the day of the annual Election.

Section 4. Section 6. (B), Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

(B) The election shall be held under the supervision of an Election Board, consisting of three citizens of the said City to be appointed by the Council at the last regular meeting preceding the annual election. The Election Board shall be Judges of the election and shall decide upon the legality of the votes offered.

Section 5. Section 6. (C), Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

(C) Every resident of the City who is over twenty-one years of age and who has resided in said City for at least twelve (12) months next preceding the day of election, and who is not delinquent in respect of any tax levied by the City, shall be entitled to vote at said election.

Section 6. Section 8, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

Section 8. A Council shall comprise the Mayor and eight Council members. Any five of the said nine members shall constitute a quorum, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

Section 7. The first sentence of Section 11. (H), Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

The Alderman shall be a resident of the City of Milford and shall be sworn or affirmed to perform the duties of his office with fidelity.

Section 8. The last paragraph of Section 11. (H), Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

The Acting Alderman may or may not be a resident of the City of Milford; shall keep a separate docket, and in the absence or inability of the Alderman shall have all the powers of the Alderman as herein provided.

Section 9. Section 11. (J), Paragraph 3, Chapter 162,

Volume 37, Laws of Delaware, is amended to read as follows:

The Secretary of the Board shall be allowed a reasonable annual compensation for his services, which shall be fixed and determined by the Council, and no other compensation shall be paid to the Secretary for his services as such. The Secretary may or may not be a member of the Board, but shall be a resident of the City.

Section 10. The first sentence of Section 12, Paragraph 1, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

Annually in each year, and not later than the first of December, the Council shall prepare a budget containing the financial plan for conducting the affairs of the City for the ensuing fiscal year.

Section 11. Section 13, Paragraph 2, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

All assessments shall be made and completed by the Board of Assessors prior to the first day of February. The assessment made in the year 1932 and in every fourth year thereafter, shall

be known as the General Assessment. In other years, there shall be made a scrap assessment, as hereinafter provided.

Section 12. The first sentence of Section 13, Paragraph 6, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

The Council shall, prior to the fifteenth day of February in each year, cause a copy of the General Assessment, or scrap assessment as made in said year, to be hung up in two public places in the City, and there to remain for the space of ten (10) days for public information.

Section 13. Section 22. (B), Paragraph 6, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

At the special election, every person who had a right at the next preceding annual City election shall have one vote for every dollar and fractional part of dollar of tax paid by him or her respectively during the year preceding said election, and every owner of property whether individual, partnership, or corporation shall have one vote for every dollar or part of dollar of tax paid by said owner during the year preceding said election, and the said vote shall be cast in person.

Section 14. Section 22. (B), Paragraph 7, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows :

The Board of Elections shall count the votes for and against the proposed loan ; and shall announce the result thereof, shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and shall deliver the same to the Council, which said certificate shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council.

Section 15. The first two sentences of Section 22. (C), Chapter 162, Volume 37, Laws of Delaware, are amended to read as follows:

The form of Bond or Certificate of Indebtedness, the times of payment of interest, the classes, the times of maturity, and provisions as to the registration shall be determined by the

Council. The bonds shall be offered for sale to the best and most responsible bidder therefor after advertising in a newspaper of the City or one of general circulation within the State of Delaware or otherwise for at least once a week for two weeks immediately preceding the offering of the same for sale.

Section 16. The second paragraph of Section 23, Chapter 162, Volume 37, Laws of Delaware, is amended to read as follows:

All ordinances or resolutions of general character relating to the government of the City shall not be effective until ten (10) days after a copy of the same shall have been posted in four (4) public places within the City of Milford.

Approved May 19, 1955.