CHAPTER 264

AN ACT TO AMEND PART II, TITLE 9, DELAWARE CODE, PROVIDING FOR THE REORGANIZATION OF THE COUNTY COUNCIL OF NEW CASTLE COUNTY, CHANGING THE SALARIES OF THE COUNCILMEN AND CHANGING THE NUMBER OF COUNCILMANIC DISTRICTS AND BOUNDARIES.

WHEREAS, the New Castle County Reorganization Act was enacted to provide New Castle County with a more responsive and effective form of government; and

WHEREAS, the growth of New Castle County has resulted in excessively large constituencies for some County Council districts and has resulted in under-representation for citizens of some of the districts in New Castle County; and

WHEREAS, the 1967 special census disclosed that the largest County Council district contains more than twice the population of the smallest district; and

WHEREAS, representation must be equitable and responsive for the New Castle County Council to discharge its responsibilities to the citizens of New Castle County; and

WHEREAS, there is great need for prompt action to correct the inequities, to provide more compact County Council districts, and to provide greater representation for the citizens of New Castle County;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 1141 (a), Title 9, Delaware Code, is amended by striking the number "7" in the first line thereof and inserting in lieu thereof the figure "13".

Section 2. Section 1141 (a), Title 9, Delaware Code, is amended by striking the word "Six" in the first line thereof and inserting in lieu thereof the word "Twelve".

Section 3. Section 1141 (a), Title 9, Delaware Code, is amended by striking the word "seventh" from the second line thereof and inserting in lieu thereof the word "thirteenth".

Section 4. Section 1141 (b), Title 9, Delaware Code, is amended by adding at the end thereof the following:

This subsection shall become ineffective after the first Tuesday of January, 1971.

Section 5. Section 1144, Title 9, Delaware Code, is amended by striking the figure "7,000" where it appears therein and inserting in lieu thereof the figure "6,000".

Section 6. Section 1164, Title 9, Delaware Code, is amended to read as follows:

§ 1164. Councilmanic districts; boundaries

The Boundaries of the twelve councilmanic districts shall be as follows:

DISTRICT 1

(Wilmington)

The boundaries of the first councilmanic district in the City of Wilmington shall comprise all of the 1st and 3rd General Assembly Representative Districts, as described in Section 621 (a) and (c), Title 29, Delaware Code.

DISTRICT 2

(Wilmington)

The boundaries of the second councilmanic district in the City of Wilmington shall comprise all of the 2nd and 6th General Assembly Representative Districts, as described in Section 621 (b) and (f), Title 29, Delaware Code.

DISTRICT 3

(Wilmington)

The boundaries of the third councilmanic district in the City of Wilmington shall comprise all of the 4th and 5th General Assembly Representative Districts, as described in Section 621 (d) and (e), Title 29, Delaware Code.

DISTRICT 4

The boundaries of the fourth councilmanic district shall comprise all of the 7th and 11th General Assembly Representative Districts, as described in Section 631 (a) and (e), Title 29, Delaware Code, and all that portion of Brandywine Hundred bounded by a line beginning at a point where the center line of Foulk (Faulk) Road intersects the center line of Shipley Road; thence in a northwesterly direction along the center line of Shipley Road to its intersection with the center line of Silverside Road; thence in a northeasterly and southeasterly direction along the center line of Silverside Road to its intersection with the center line of Foulk (Faulk) Road; thence in a northeasterly direction along the center line of Foulk (Faulk) Road to its intersection with the center line of Grubb Road; thence in an easterly direction along the center line of Grubb Road to its intersection with the eastern property boundary line of St. David's Episcopal Church; thence along the center line of the eastern property boundary line of St. David's Episcopal Church (extended) in a southwesterly direction to its intersection with the center line of Floral Drive; thence in a southwesterly direction along the center line of Floral Drive to its intersection with the center line of Silverside Road; thence in a northwesterly direction along the center line of Silverside Road to its intersection with the center line of Grubb Road; thence in a southwesterly direction along the center line of Graylyn Road to its intersection with the center line of Graywell Road; thence in a southeasterly direction along the center line of Graywell Road to its intersection with the center line of Wilson Road; thence in a southwesterly direction along the center line of Wilson Road to its intersection with the center line of Foulk (Faulk) Road; thence in a northeasterly direction along the center line of Foulk (Faulk) Road to its intersection with the center line of Shipley Road, the point and place of beginning.

DISTRICT 5

The boundaries of the fifth councilmanic district shall comprise all of the 8th and 9th General Assembly Representative Districts, as described in Section 631 (b) and (c), Title 29, Delaware Code, and all that portion of Brandywine Hundred bounded by a line beginning at a point where the center line ofNaamans Creek or Zebley Road intersects the center line of the boundary line of the Delaware-Pennsylvania border; thence in a southeasterly and southerly direction along the center line of Naamans Creek or Zebley Road to its intersection with the center line of Marsh Road; thence in a southerly and southwesterly direction along the center line of Marsh Road to its intersection with the center line of Silverside Road; thence in a northwesterly direction along the center line of Silverside Road to its intersection with the center line of Floral Drive; thence in a northeasterly direction along the center line of Floral Drive to its intersection with the center line of the eastern property boundary line (extended) of St. David's Episcopal Church; thence in a northeasterly direction along the center line of the eastern property boundary line (extended) of St. David's Episcopal Church to its intersection with the center line of Grubb Road; thence in a northwesterly direction along the center line of Grubb Road to its intersection with the center line of Foulk (Faulk) Road; thence in a northeasterly direction along the center line of Foulk (Faulk) Road to its intersection with the boundary line of the Delaware-Pennsylvania border; thence in an easterly direction along the Delaware-Pennsylvania Border to its intersection with the center line of Naamans Creek or Zebley Road, the point and place of beginning.

DISTRICT 6

The boundaries of the sixth councilmanic district shall comprise all of the 12th and 16th General Assembly Representative Districts, as described in Section 631 (f) and (j), Title 29, Delaware Code, and all that portion of the Brandywine Hundred bounded by a line beginning at a point where Delaware-Pennsylvania border intersects the center line of Foulk (Faulk) Road; thence in a southerly and southwesterly direction along the center line of Foulk (Faulk) Road to its intersection with the center line of Silverside Road; thence in a northwesterly and southwesterly direction along the center line of Silverside Road to its intersection with the center line of Kingman Drive; thence generally northerly along the center line of Kingman Drive to its intersection with a center line of Raven Road; thence northeasterly along the center line of Raven Road to its intersection with the center line of Weatherton Drive; thence northeasterly along the center line of Weatherton Drive to its intersection with the center line of Grubb Road; thence northwesterly along the center line of Grubb Road to its intersection with the center line of Naamans Road; thence easterly along the center line of Naamans Road to its intersection with the center line of Dartmouth Woods Road; thence northeasterly along the center line of Dartmouth Wood Road (extended) to its intersection with the Delaware-Pennsylvania boundary; thence southeasterly along the Delaware-Pennsylvania boundary to its intersection with the center line of Foulk (Faulk) Road, the point and place of beginning.

DISTRICT 7

The boundaries of the seventh councilmanic district shall comprise all of the 13th and 15th General Assembly Representative Districts, as described in Section 631 (g) and (i), Title 29, Delaware Code; and all that portion of Mill Creek Hundred bounded by a line beginning at a point where the center line of Calf Run intersects the center line of the Kirkwood Highway; thence southerly along the center line of Calf Run to its intersection with the center line of Old Capitol Trail; thence easterly along the center line of Old Capitol Trail to its intersection with the center line of Kiamensi Road; thence southerly along the center line of Kiamensi Road to its intersection with the center line of Henlopen Avenue; thence southwesterly along the center line of Henlopen Avenue to its intersection with the center line of Binstead Avenue; thence southerly along the center line of Binstead Avenue to its intersection with the center line of Norris Street; thence southwesterly along the center line of Norris Street to its intersection with the center line of Redwood Avenue; thence southerly along the center line of Redwood Avenue to its intersection with the center line of the Wilmington and Christiana Turnpike; thence easterly along the center line of the Wilmington and Christiana Turnpike to its intersection with the center line of the Red Clay Creek; thence southerly along the center line of the Red Clay Creek to its intersection with the center line of the White Clay Creek; thence southwesterly along the center line of the White Clay Creek to its intersection with the center line of the Wilmington and Christiana Turnpike; thence northerly and northeasterly along the center line of the Wilmington and Christiana Turnpike to its intersection with the center line of Limestone Road; thence northwesterly along the center line of Limestone Road to its intersection with the center line of Kirkwood Highway; thence northeasterly along the center line of Kirkwood Highway to its intersection with the center line of Calf Run, the point and place of beginning.

DISTRICT 8

The boundaries of the 8th Councilmanic District shall comprise all of the 17th and 18th General Assembly Representative Districts as described in Section 631 (k) and (1), Title 29, Delaware Code, and all that portion of New Castle Hundred bounded by a line beginning at a point where the center line of Cleveland Avenue, extended, intersects a center line of Du Pont Parkway; thence in a northwesterly direction along the center line of Cleveland Avenue extended, to its intersection center line of the right-of-way of the Delmarva Power and Light Company power line; thence in a northwesterly direction along the center line of the right-of-way of the Delmarva Power and Light Company power line to its intersection with the center line of the Christiana River; thence in a northeasterly, easterly and northerly direction along the center line of the Christiana River, by its several courses to its intersection with the southern boundary of the City of Wilmington; thence southeasterly along the southern boundary of the City of Wilmington to its intersection with the center line of Route 13 (Du Pont Parkway); thence in a southeasterly and southwesterly direction along the center line of Route 13 (Du Pont Parkway) to its intersection with the center line of Cleveland Avenue, extended, the point and place of beginning.

DISTRICT 9

The boundaries of the ninth councilmanic district shall comprise all of the 20th and 21st General Assembly Representative Districts, as described in Section 631 (n) and (o), Title 29, Delaware Code, and all that portion of New Castle Hundred beginning at a point where the center line of Route 13 (DuPont Parkway) intersects the southerly boundary of the City of Wilmington; thence in a southeasterly direction along the southerly boundary of the City of Wilmington to its intersection with the center line of New Castle Avenue; thence, in a southwesterly direction along the center line of New Castle Avenue to its intersection with the center line of Rogers Road; thence in a northwesterly direction along the center line of Rogers Road to its intersection with the center line of South Heald Street; thence in a westerly direction along the center line of South Heald Street to its intersection with the center line of Route 13 (Du Pont Parkway-); Thence in a northerly direction along the center line of Route 13 (Du Pont Parkway) to its intersection with the southerly boundary of the City of Wilmington, the point and place of beginning; and all that portion of New Castle Hundred beginning at a point where the center line of the Pennsylvania Railroad right-of-way intersects the center line of the Du Pont Parkway; thence in a southeasterly direction along the center line of the Du Pont Parkway to its intersection with the center line of Basin Road; thence in a northwesterly direction along the center line of Basin Road to its intersection with a line 150 feet west of the center line of Jefferson Avenue, (Wilmington Manor); thence in a northeasterly direction along the line 150 feet west of the center line of Jefferson Avenue to its intersection with the center line of the right-of-way of the Delmarva Power and Light Company power line; thence in a southeasterly direction along the center line of the right-of-way of the Delmarva Power and Light Company power line and along the center line of Cleveland Avenue, extended, to the center line of the Du Pont Parkway; thence in a southwesterly direction along the center line of the Du Pont Parkway to its intersection with the center line of Jefferson Avenue; thence in a southeasterly direction along the center line of Jefferson Avenue to its intersection with the center line of Stahl Avenue; thence in a southwesterly direction along the center line of Stahl Avenue to its intersection with the center line of Roosevelt Avenue; thence in a southerly direction along the center line of Roosevelt Avenue to its intersection with the center line of Finney Drive; thence in an easterly direction along the center line of Finney Drive to its intersection with the center line of Booth Drive; thence in a southeasterly direction along the center line of Booth Drive to its intersection with the center line of Fithian Drive; thence in a southwesterly direction along the center line of Fithian Drive to its intersection with the center line of Crippen Drive; thence in a southwesterly direction along the center line of Crippen Drive to its intersection with the center line of Basin Road; thence in a southeasterly direction along the center line of Basin Road and Washington Avenue, extended, to its intersection with the Delaware River; thence in a southwesterly direction along the Delaware River to its intersection with the southern boundary of the Town of New Castle; thence in a northwesterly direction along the southern boundary of the Town of New Castle to its intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a westerly direction along the center line of the Pennsylvania Railroad right-of-way to its intersection with the center line of the Du Pont Parkway, the point and place of beginning.

DISTRICT 10

The boundaries of the tenth councilmanic district shall comprise all of the 22nd and 27th General Assembly Representative Districts, as described in Section 631 (p) and (u), Title 29, Delaware Code, and all that portion of New Castle Hundred bounded by a line beginning at the intersection of the center line of the Du Pont Parkway and the center line of Christiana Road (Hares Corner); thence westerly along the center line of Christiana Road to its intersection with the center line of Airport Road (Hogswamp Road); thence northeasterly along the center line of Airport Road (Hogswamp Road) to its intersection with the center line of Allegretto Road (extended); thence northwesterly along the center line of Allegretto Road (extended) to its intersection with the center line of King Avenue; thence southwesterly along the center line of King Avenue to its intersection with the center line of Prosperity Road; thence northwesterly along the center line of Prosperity Road to its intersection with the center line of Betts Avenue; thence southwesterly along the center line of Betts Avenue to its intersection with the center line of Churchman's Road; thence northwesterly along the center line of Churchman's Road to its intersection with the center line of Don Avenue; thence southwesterly along the center line of Don Avenue to its intersection with the center line of New Churchman's Road; thence northwesterly along the center line of New Churchman's Road to its intersection with the center line of the Christiana River; thence northeasterly along the center line of the Christiana River to its intersection with the center line of Harding Avenue (extended); thence northerly along the center line of Harding Avenue (extended) to its intersection with the center line of the Wilmington-Christiana Turnpike (Market Street); thence easterly along the center line of the Wilmington-Christiana Turnpike (Market Street) to the eastern boundary of the Town of Newport; thence southerly along the eastern boundary of the Town of Newport to its intersection with the center line of the Pennsylvania Railroad right-of-way; thence westerly along the center line of the Pennsylvania Railroad right-of-way to its intersection with a line running perpendicular to Water Street to the point at which Water Street is closest to the Christiana River; thence southerly along said line running perpendicular to Water Street to its intersection to the center line of the Christiana River; thence northeasterly along the center line of the Christiana River to its intersection with the center line of the right-of-way of the Delmarva Power and Light Company line; thence southeasterly along the center line of the right-of-way of the Delmarva Power and Light Company boundary line to its intersection, a point 150 feet west of the center line of Jefferson Avenue; thence in a southwesterly direction along the line 150 feet west of the center line of Jefferson Avenue to its intersection with the center line of Basin Road; thence southeasterly along the center line of Basin Road to its intersection with the center line of Du Pont Parkway; thence southwesterly along the center line of the Du Pont Parkway to its intersection with the center line of Christiana Road (Hares Corner), the point and place of beginning.

DISTRICT 11

The boundaries of the eleventh councilmanic district shall comprise all of the 23rd General Assembly Representative District, as described in Section 631 (q), Title 29, Delaware Code, and all that portion of Mill Creek Hundred bounded by a line beginning at the intersection of the center line of White Clay Creek and the center line of Wilmington and Christiana Turnpike; thence in a northerly and northeasterly direction along the center line of Wilmington and Christiana Turnpike to its intersection with the center line of Limestone Road; thence in a northwesterly direction along the center line of Limestone Road to its intersection with the center line of Kirkwood Highway; thence easterly along the center line of Kirkwood Highway to its intersection with the center line of Ferrand Drive; thence northwesterly along the center line of Ferrand Drive to its intersection with the center line of Hammond Place; thence southwesterly along the center line of Hammond Place to its intersection with the center line of Calf Run; thence northerly along the center line of Calf Run to its intersection with the center line of Milltown Road; thence southwesterly along the center line of Milltown Road to its intersection with the western branch of Calf Run; thence northwesterly and northerly along the center line of the western branch of Calf Run to its intersection with the center line of McKennans Church Road; thence southwesterly along the center line of McKennans Church Road to its intersection with the center line of Milltown Road; thence southwesterly along the center line of Milltown Road to its intersection with the center line of Ball Run; thence southwesterly along the center line of Ball Run to its intersection with the center line of Kirkwood Highway; thence southwesterly along the center line of Kirkwood Highway to its intersection with the center line of the entrance road to Delaware Park; thence southeasterly along the center line of the entrance road to Delaware Park to its intersection with the center line of Old Capitol Trail; thence westerly along the center line of Old Capitol Trail to its intersection with the center line of Oak Street; thence southerly and southwesterly along the center line of Oak Street to its intersection with the center line of Marta Drive; thence southerly and southwesterly along the center line of Marta Drive to its intersection with the center line of a stream connecting Marta Drive with White Clay Creek; thence southeasterly along the center line of said stream to its intersection with the center line of White Clay Creek; thence northeasterly along the center line of White Clay Creek to its intersection with the center line of Wilmington and Christiana Turnpike, the point and place of beginning; and all that portion bounded by a line beginning at the intersection of the center line of North Chapel Street and the center line of White Clay Creek; thence easterly along the center line of White Clay Creek to its intersection with the center line of Red Mill Road, also known as Ruthby Road; thence northerly along the center line of Red Mill Road, also known as Ruthby Road, to its intersection with the center line of Kirkwood Highway; thence northeasterly along the center line of Kirkwood Highway to its intersection with the center line of Harmony Road; thence southerly along the center line of Harmony Road to its intersection with the center line of Route No. 273 (Main Street, Christiana); thence in a northwesterly direction along the center line of Route 273 (Main Street, Christiana) to its intersection with the center line of Route 273 (North Chestnut Hill Road); thence southwesterly along the center line of North Chestnut Hill Road to its intersection with the center line of Brennen Drive; thence in a northwesterly direction along the center line of Brennen Drive to its intersection with the center line of Isle Drive; thence in a northeasterly direction along the center line of Isle Drive to its intersection with the center line of Shue Drive; thence in a northwesterly and westerly direction along the center line of Shue Drive to its intersection with the center line of Brennen Drive; thence in a northerly direction along the center line of Brennen Drive and Brennen Drive (extended) to its intersection with the center line of Cool Run; thence in an easterly and northeasterly direction along the center line of Cool Run to its intersection with the center line of Route 273; thence in a northwesterly and westerly direction along the center line of Route 273 to its intersection with the center line of Main Street (extended) (Newark); thence westerly along the center line of Route No. 273 (Main Street, Newark) to its intersection with the center line of North Chapel Street; thence northerly along the center line of North Chapel street to its intersection with the center line of White Clay Creek, the point and place of beginning.

DISTRICT 12

The boundaries of the twelfth councilmanic district shall comprise all of the 25th and 26th General Assembly Representative Districts, as described in Section 631 (s) and (t), Title 29, Delaware Code, and all that portion of land bounded by a line beginning at the intersection of the center line of Brennen Drive and the center line of Chestnut Hill Road; thence northwesterly along the center line of Brennen Drive to its intersection with the center line of Isle Drive; thence northeasterly along the center line of Isle Drive to its intersection with the center line of Shue Drive; thence northwesterly and westerly along the center line of Shue Drive to its intersection with the center line of Brennen Drive; thence northerly along the center line of Brennen Drive and Brennen Drive (extended) to its intersection with the center line of Cool Run Creek; thence northeasterly along the center line of Cool Run Creek to its intersection with the center line of Route No. 273; thence southwesterly along the center line of Route No. 273 to its intersection with the center line of Marrows Road; thence southerly along the center line of Marrows Road to its intersection with the center line of Chestnut Hill Road; thence northeasterly along the center line of Chestnut Hill Road to its intersection with the center line of Brennen Drive; the point and place of beginning.

DISTRICT 13

The boundaries of the thirteenth councilmanic district shall comprise all of New Castle County.

Section 7. Section 1165 (a), Title 9, Delaware Code, is amended by striking the figure "7" where it appears on line 2 thereof and inserting in lieu thereof the figure "13".

Section 8. Section 1165 (a), Title 9, Delaware Code, is amended by striking the figure "6" where is appears therein and inserting in lieu thereof the figure "12".

Section 9. Section 1166 (b), Title 9, Delaware Code, is amended by striking the second sentence and inserting in lieu thereof the following:

One category shall consist of Councilmanic Districts 1, 3, 5, 7, 9 and 11, and the second category shall consist of Council-manic Districts 2, 4, 6, 8, 10 and 12.

(c) The first Councilmen in Councilmanic Districts 1, 3, 5, 7, 9 and 11 shall be elected at the General Election in November, 1970, and shall serve until the first Tuesday in January, 1973. Councilmen subsequently elected to those first elected to Districts 1, 3, 5, 7, 9 and 11 shall serve a term of 4 years and shall be elected in even numbered and presidential election years. The first Councilman in Councilmanic District 13 shall be elected at the General Election in November, 1972, and shall serve until the first Tuesday in January, 1977, and a councilman subsequently elected to District 13 shall serve a term of 4 years and shall be elected in even numbered and presidential election years. The Councilman elected in the November, 1968 election from the then District 7, shall serve until the first Tuesday in January, 1973.

Section 11, Section 1166 (d), Title 9, Delaware Code, is amended to read. as follows:

(d) The first Councilmen in Councilmanic Districts 2, 4, 6, 8, 10 and 12 shall be elected at the General Election in November, 1970, and shall serve until the first Tuesday in January, 1975. Councilmen subsequently elected to those first elected to Districts 2, 4, 6, 8, 10 and 12 shall serve a term of 4 years and shall be elected in even numbered and non-presidential election years.

The provisions of the subsection are subject to the redistricting provisions of § 1165 of the Title, and in the event of a redistricting, Councilmen elected for a 4 year term may only be able to serve a portion of said term.

Section 12. Section 1307, Title 9, Delaware Code, is amended by striking the words "1 through 6" where they appear on the 3rd line thereof and inserting in lieu thereof the words "one member from each two councilmanic districts.

Section 13. Section 1307, Title 9, Delaware Code, is amended by striking the period at the end of the next to the last sentence and inserting in lieu thereof the following:

or changes in number of Councilmanic Districts.

Section 14. Section 1165 (a), Title 9, Delaware Code, is amended by striking the second sentence thereof and inserting in lieu thereof a new sentence to read as follows:

"To accomplish the redistricting the County Council shall within 60 days after the official reporting of the 1970 Federal Decennial Census, by the President to Congress, and every tenth year thereafter, appoint 13 qualified voters of the county who shall comprise a Redistricting Commission.

Section 15. Section 1165 (a), Title 9, Delaware Code, is amended by striking the number "4" where it appears therein and inserting in lieu thereof the number "7".

Section 16. Section 1165(a), Title 9, Delaware Code, is amended by striking the date "April 1, 1974, where is appears therein and inserting in lieu thereof the date "April 1, 1972".

Section 17. Section 302 (c), Title 9, Delaware Code, is amended by adding at the end thereof the following:

This subsection shall become ineffective after the first Tuesday of January, 1971.

Section 18. The foregoing provisions shall be effective on the first Tuesday of January, 1971, except that those provisions relating to the election of Councilmen shall be in effect for the General Election in November, 1970.

Approved July 11, 1969.