CHAPTER 316

FORMERLY

HOUSE BILL NO. 305

AN ACT TO AMEND SECTION 803, ARTICLE VIII OF THE CHAPTER OF THE CITY OF NEWARK, DELAWARE, RELATING TO THE FISCAL YEAR.

WHEREAS, Section 803 of the Charter of the City of Newark provides that the budget and tax rate for the next ensuring fiscal year shall be adopted not later than December 31 of the previous fiscal year; and

WHEREAS, the Council of the City of Newark may desire to change its fiscal year; and

WHEREAS, the Council of the City of Newark finds that the requirement of adopting a budget and a tax rate on or before December 31 may be inconsistent with adopting a new fiscal year; and

WHEREAS, in order to implement this policy, an amendment to the Charter of the City of Newark, adopted pursuant to the provisions of Chapter 8, Title 22, Delaware Code, is necessary.

NOW, THEREFORE:

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

Section 1. Amend Section 803, Article VIII of the Charter of the City of Newark, Delaware, by deleting therefrom the third paragraph thereof in its entirety and substituting therefor a new paragraph to read as follows:

"The budget for the ensuing fiscal year shall be adopted by the Council not later than the last day of the fiscal year currently ending. The tax rate for the ensuing fiscal year shall be adopted at the time the budget is adopted. If it fails to so adopt, the budget submitted by the City Manager for operations for the current fiscal year shall be deemed adopted for the ensuring fiscal year on a month-to-month basis with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuring fiscal year. Also, during such period, Council may appropriate amounts requested by the City Manager for specific capital improvement projects, provided that the City Manager and the Finance Director certify that the necessary funds are available therefor."

Section 2. This amendment to the Charter shall be filed with the Secretary of State with the Director of the Legislative Council (formerly Legislative Reference Bureau) pursuant to the provisions of Section 836, Title 22, Delaware Code.

Approved February 6, 1976