CHAPTER 40

FORMERLY

HOUSE BILL NO. 152

AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK, DELAWARE.

WHEREAS, it is deemed advisable that the Charter of the City of Newark, adopted pursuant to the provisions of Chapter 8, Title 22, Delaware Code, and as thereafter amended, be in certain respects further amended and revised ;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Amend Article III, Section 306, Vacancies and Forfeiture of Office, by deleting the third paragraph thereof in its entirety and substituting in lieu thereof a new third paragraph as follows :

"A vacancy in the Council, including the office of Mayor, shall be filled for the remainder of the unexpired term, if any, at a special election to be held in the same manner in every respect as a regular election, on a date fixed by the Council not less than sixty days nor more than ninety days after the occurrence of a vacancy. The Council, by a majority vote of all its members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term, takes office. A vacancy shall be announced at a regular Council meeting and a vote on the person to fill the vacancy shall not be held before the next following regular Council meeting. Despite the quorum provisions hereof, if at any time, the membership of the Council is reduced to less than four (4), the remaining members may, by majority action appoint additional members to raise the membership to seven.

Approved May 2, 1973.