Delaware General Assembly


CHAPTER 551

SMYRNA

AN ACT TO AMEND "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA" AS AMENDED AND RELATING TO THE NUMBER AND TERM OF OFFICE OF THE MEMBERS OF THE TOWN COUNCIL, AND THE DUTIES AND POWERS OF THE ALDERMAN, AND THE FISCAL YEAR, AND THE POLICE AND JAIL, AND CONTRACTS TO BE ADVERTISED, AND THE POWER AND AUTHORITY OF COUNCIL TO BORROW MONEY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members of each Branch thereof concurring therein):

Section 1. Chapter 166, Volume 41, Laws of Delaware, is amended by striking out the first paragraph of Section 3 and inserting in lieu thereof a new first paragraph of Section 3 which shall be as follows:

Section 3. MAYOR, COUNCIL, QUALIFICATIONS, TERM, NOMINATION AND ELECTION. The government of said Town and the exercise of all powers conferred (except as otherwise provided) shall be vested in a Mayor and in a Town Council composed of six (6) members, p.11 seven of which officers shall be elected at large. The Mayor and members of Council shall be citizens of said Town at least twenty-one years of age and the owners of real estate within said Town duly assessed in their own names on the County and Town assessment lists in force when they are nominated. The term of the Mayor shall be two years and the terms of all Councilmen shall be three years from the last Tuesday in February following their respective election and until their respective successors shall be duly elected and qualified.

Section 2. Further amend Chapter 166, Volume 41, Laws of Delaware, by striking out the second paragraph of Section 3 and inserting in lieu thereof a new second paragraph of Section 3 which shall be as follows:

At the annual Town election on the last Monday in February in the year 1956, there shall be elected four members of council, two of said members whose terms shall be for two years to succeed the two members whose present terms will then expire, and two of said members whose terms shall be for three years ; and at the annual Town election on the last Monday in February in the year 1957, there shall be elected a Mayor whose term shall be for two years to succeed the Mayor whose present term will then expire, two councilmen whose terms shall be for three years to succeed the councilmen whose present terms will then expire, and thereafter the successors of the Mayor whose term will expire at the election then held shall be elected for a term of two years and the successors of the two councilmen whose terms will expire at the election then held shall be elected for a term of three years each.

Section 3. Further amend Chapter 166, Volume 41, Laws of Delaware, by deleting the word "four" where the same appears in the first line of the third paragraph of Section 3 and by substituting in lieu thereof the word "six".

Section 4. Amend Chapter 192, Volume 36, Laws of Delaware, by deleting the words "provided, however, that he shall not impose any fine exceeding One Hundred Dollars, exclusive of costs, and shall not impose any jail sentence of more than five days, and shall have no jurisdiction in civil matters exceeding Five Hundred Dollars, exclusive of costs.", where the same appear in Section 7 under the title of Duties and Powers of Alderman.

Section 5. Amend Chapter 176, Volume 40, Laws of Delaware, by deleting the words "for any time not exceeding five days" where the same appear in Section 24 under the title of Police and Jail.

Section 6. Further amend Chapter 192, Volume 36, Laws of Delaware, by deleting the first sentence in Section 13 and substituting in lieu thereof a new first sentence which shall be as follows :

The fiscal year of the said Town shall begin the first day of January in each year and shall end with the next succeeding thirty-first day of December.

Section 7. Further amend Chapter 192, Volume 36, Laws of Delaware, by deleting the words "Three Hundred Dollars" where the same appear in the fifth and sixth lines of Section 25 and substituting in lieu thereof the following words : "One Thousand Dollars".

Section 8. Further amend Chapter 192, Volume 36, Laws of Delaware, by deleting the words "Ten Thousand Dollars" where the same appear in the fourth line of Section 26 and substituting in lieu thereof the following words : ."Twenty Thousand Dollars".

Approved December 19, 1955.