CHAPTER 76

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE `CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY INCREASING AND RE-DEFINING THE ELECTION DISTRICTS, AND BY ELIMINATING THE FREEHOLDER QUALIFICATION FOR COUNCILMEN.

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 4 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out all of said section and by inserting in lieu thereof the following section:

Section 4—Districts—The City of Newark shall be divided into six or more districts as follows:

The first district of said City shall consist of all that part of said City bounded on the West by Chapel Street and on the North, East, and South by the City boundary lines.

The second district of said City shall consist of all that part of said City bounded on the West by South College Avenue, on the North by Main Street, on the East by Chapel Street, and on the South by the City boundary line.

The third district of said City shall consist of all that part of said City bounded on the West by the City boundary line and Elkton Road, on the North by Park Place, on the East by South College Avenue, and on the South by the City boundary line.

The fourth district of said City shall consist of all that part of said City bounded on the West by the City boundary line, on the North by Barksdale Road, Elkton Road and Main Street, on the East by South College Avenue, and on the South by Park Place and Elkton Road.

The fifth district of said City shall consist of all that part of said City bounded on the West by the City boundary line, on the Northeast by New London Road, on the Southeast by Elkton Road and on the South by Barksdale Road.

The sixth district of said City shall consist of all that part of said City bounded on the West by New London Road, on the North by the City boundary line, on the East by Chapel Street, and on the South by Main Street.

Boundaries of districts within the City of Newark may be altered from time to time by the Council of the City of Newark. If changed the districts shall be three or more in number, contiguous and compact and approximately equal in population.

Section 2. Section 6, Chapter 152, Volume 48, Laws of Delaware, is amended by striking out all of the last sentence of the first paragraph of said Section and by inserting in lieu thereof the following sentence:

The City Council shall be composed of one councilman elected from each District.

Section 3. That Section 6 of Chapter 152 of Volume 48, Laws of Delaware, is further amended by striking out all of the second and third paragraphs of said section and by inserting in lieu thereof the following paragraphs:

From and after the regular municipal election to be on the second Tuesday in April, 1962, the Councilmen whose terms run until the second Tuesday in April, 1963, shall continue in office for one year as Councilmen for the newly defined districts in which they reside; provided, however, that in the event there are two Councilmen (formerly representing different districts) who both reside within the boundaries of a newly created district and who both have terms which do not expire until 1963, then in such event, if neither of said Councilmen shall resign in favor of the other, they shall be required to file for election to a one year term for said new district, said filing to be subject to the provisions of Section 39; and at the regular municipal election on the second Tuesday in April, 1962, one of said Councilmen shall be elected for said new district for a term of one year.

At the regular municipal election to be held on the second Tuesday in April, 1962, one Councilman shall be elected for a term of two years for each of the districts except those districts in which there is a resident Councilman whose term does not expire until April, 1963, and a Mayor shall also be elected; provided, however, that if the number of Councilmen to be so elected shall be more than three in number, the Election Board shall designate three of said districts from which a Councilman shall be elected for a term of two years and the balance of said districts from which a Councilmen shall be elected for a term of one year, said designation to be made by lot.

Except as otherwise provided herein, the terms of the Mayor and Councilmen shall be two years or until their successors have been elected and qualify.

Section 4. That Section 8 of Chapter 152 of Volume 48, Laws of Delaware, as amended, is further amended by striking out the words "and at least one Councilman from each district" where said words appear in the last sentence of the first paragraph of said section.

Section 5. This act shall become effective on June 1, 1961, or upon approval by the Governor, whichever date shall be later in time, provided, however, that nothing herein shall affect the qualifications for office of the Councilmen, nor the geographic area which they represent, between the effective date of this act and the regular municipal election on the second Tuesday in April, 1962.

Approved June 13, 1961.