CHAPTER 73

FORMERLY

HOUSE BILL NO. 277

AN ACT TO AMEND CHAPTER 588, VOLUME 58, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT TO AMEND CHAPTER 209, VOLUME 57, LAWS OF DELAWARE BEING AN ACT ENTITLED 'AN ACT TO REINCORPORATE THE CITY OF DELAWARE CITY', RELATING TO BORROWING POWER; BONDED INDEBTEDNESS; ELECTION QUALIFICATIONS; AND PROVIDING FOR THE OFFICE OF A VICE-MAYOR".

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. Amend Chapter 588, Volume 58, Laws of Delaware, by deleting from Section 14 thereof the following:

"the same shall be lawfully paid. All the powers now conferred by law upon the Collector for the collection and enforcement of all taxes in said City heretofore assessed and uncollected shall continue in full force and effect until all said taxes shall be fully collected and paid. The official bond of said collector shall be unaffected and unimpaired by this repeal, and he and his sureties thereon shall continue liable for any breaches of any of the conditions of said bond, and all proceedings heretofore commenced for the collection of any penalty, fine, forfeiture or debt due to said City under any Law or ordinance shall not be affected or impaired by this repeal, but the same may be prosecuted to judgment and execution until the same be fully paid, liquidated and discharged."

Section 2. Amend Chapter 588, Volume 58, Laws of Delaware, by adding thereto at the end of Section 14 the following sections:

"Section 15. Whenever at least one hundred legally qualified voters of said City shall petition the Council requesting a vote upon any ordinance or any matter which may be the subject of an ordinance for an election thereon, the Council shall appoint a day for such election and shall choose an inspector and judges therefor, and give the same notice of such election as is required to be given at a general municipal election. If two thirds of the votes cast at such election shall be against such ordinance, such ordinance shall be repealed as though repealed by the action of Council;. or, if two thirds of the votes cast at such election shall favor any such matter which may be the subject matter of an ordinance, such matter shall be an ordinance as though passed by the Council in the manner prescribed in this Act, and the action of such an election can only be voided by an additional referendum or referendums. The subject matter of any such Petition may also be the question of any municipal improvement.

The Council may also submit any questions which it may deem proper to the referendum vote of the legally qualified voters of said City.

Whenever the Council shall receive a petition for an election as prescribed in Section 15 of this Act, it shall provide for an election to be held not more than sixty days from the time such petition is received.

Section 16. If any part of this Act shall be held unconstitutional or otherwise invalid, such holding shall not in anywise invalidate the remaining provisions of the Act.

Section 17. All Acts and doings of "The Mayor and Council of Delaware City", or of any officer of said City, lawfully done or performed under the provisions of any Law of this State, or of any ordinance of said City, are hereby ratified and confirmed and shall continue in force. All debts, fines or penalties and forfeitures due to said City, and all debts due from said City to any person or persons or to any corporation are declared to be unaffected and unimpaired by this repeal, and all the Laws of the State for the collection and enforcement thereof shall continue in full force until the same shall be lawfully paid. All the powers now conferred by law upon the Collector for the collection and enforcement of all taxes in said City, heretofore assessed and uncollected shall continue in full force and effect until all said taxes shall be fully collected and paid. The official bond of said collector shall be unaffected and unimpaired by this repeal, and he and his sureties thereon shall continue liable for any breaches of any of the conditions of said bond, and all proceedings heretofore commenced for the collection of any penalty, fine, forfeiture or debt due to said City under any Law or ordinance shall not be affected or impaired by this repeal, but the same may be prosecuted to judgment and execution until the same be fully paid, liquidated and discharged."

Approved June 12, 1973.