CHAPTER 363

FORMERLY

SENATE BILL. NO. 564

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

RE IT ENACTED BY THE GENERAL ASSEMBLY OP THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section I. Amend Section 103 of the City Charter for the City of Newark, Delaware, by deleting the second paragraph thereof in its entirety and substituting in lieu thereof a new paragraph to read as follows:

"Said ordinance shall provide for the zoning of the annexed territory and shall further specify of which of the districts, hereinafter mentioned, the annexed territory shall become a part."

Section 2. Amend Section 104 of the City Charter of the City of Newark, Delaware, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"104 - DISTRICTS - The City of Newark shall be divided into not less than three nor more than six districts. Council shall have power to establish the number of districts, within the limits herein set forth, at the time of each reapportionment and redistricting."

Section 3. Amend Section 104.1 of the City Charter of the City of Newark, Delaware, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"104.1 - REAPPORTIONMENT - Commencing not later than 1981, and thereafter at intervals of not more than ten years, the aforesaid districts shall be reapportioned and redistricted either by an act of Council or by amendment to this Charter, and approved by a majority of the voting electorate in the City of Newark, in accordance with the following rules:

1. Current Federal Decennial Census population statistics, to the extent possible and practicable, shall be used as guides so that each District shall be nearly equal in population.

2. Each District shall be formed of contiguous territory.

3. Each District shall be so created as not to favor unduly persons.

4. Requisite voter approval for any reapportionment plan next general or special election held in the City of Newark."

Section 4. Amend Section 304.2 of the City Charter of Delaware, by striking said section in its entirety and substituting section to read as follows: any person or group of
shall coincide with the

the City of Newark,
in lieu thereof a new

304.2 -ELECTION OF COUNCILMEN - Councilmen shall be elected as follows:

I. Whenever the Council shall have established three districts, two councilmen shall be elected from each district. One councilman in each district shall be elected in even-numbered years. The other councilmen in each district shall be elected in odd-numbered year

2. Whenever the Council shall have established four districts, one councilman shall be elected from each district, and two councilmen shall be elected from the City at-large. Three councilmen, including the other councilman at-large shall be elected in odd-numbered years.

3. Whenever the Council shall have established five districts, one councilman shall be elected from each district, and one councilman elected from the City at-large. Three councilmen shall be elected in even-numbered years. The other three councilmen shall be elected in odd-numbered years.

4. Whenever the Council shall have established six districts, one councilman shall be elected from each district. Three councilmen shall be elected in even-numbered years. The other three councilmen shall be elected in odd-numbered years. In the first regular election following reapportionment and redistricting, six councilmen shall be elected from the various districts or at-large. At the time of the reapportionment and redistricting and prior to the time of the regular election, the Council shall provide by ordinance for the staggering of terms of the six councilmen to be elected."

Section 5. Amend Section 304.4 of the City Charter of the City of Newark, Delaware, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"304.4 - TERM OF OFFICE - The Mayor shall be elected for a term of three years. Councilmen shall be elected to serve a term of two years except when Council, pursuant to Section 304.2, shall have established an initial one-year term for three councilmen in the first regular election following each reapportionment and redistricting. All terms shall commence with the Organization Meeting following their election."

Section 6. Amend Article III of the City Charter of the City of Newark, Delaware, by adding a new Section 304.5 to read as follows:

"304.5 - CARRYOVER OF COUNCILMEN FOLLOWING REAPPORTIONMENT-

Those councilmen whose terms would not otherwise have expired at the time of the Organization Meeting following the first regular election following reapportionment shall become members-at-large of the Council until the expiration of the term for which each was originally elected, provided, however, that should such a councilman seek election to a new term, he shall forfeit his at-large position on Council. In the event of such a forfeiture, or if for any other reason an at-large seat established pursuant to this section becomes vacant, the seat shall remain vacant, and the provisions of Section 306 regarding the filling of vacancies shall not apply."

Approved July 10, 1980.