CHAPTER 384

FORMERLY

HOUSE BILL NO. 677

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 43, CHAPTER 189, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE TOWN OF WYOMING.

WHEREAS, it is deemed advisable that the Charter of the Town of Wyoming, contained in Chapter 189, Volume 43, Laws of Delaware, as amended, be in certain respects amended and revised.

NOW, THEREFORE:

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

Section 1. Amend Section 3, Chapter 189, Volume 43, Laws of Delaware by striking said Section in its entirety and substituting in lieu thereof the following:

"STRUCTURE OF GOVERNMENT

Section 3. The government of the town and the exercise of the powers conferred by this Charter, shall be vested in a town council composed of a mayor and four council members, all of whom shall be elected at-large by the qualified voters of the town, as is more fully set forth in the Charter. The members of the Town Council shall be citizens of the State of Delaware and residents of the said Town above the age of eighteen years. No compensation shall be paid to Councilmen. The Council members shall each serve a term of two years."

Section 2. Amend Section 4, Chapter 189, Volume 43, Laws of Delaware by striking said Section in its entirety and substituting in lieu thereof the following:

"ELECTION IN GENERAL

Section 4. The present commissioners of the Town of Wyoming shall by this Act be appointed to serve and shall act u Councilmen of said Town from and after the passage hereof until Councilmen are duly elected.

Section 3. Amend Subsection (A), Section 14, Chapter 189, Volume 43, Laws of Delaware by striking the phrase "a President, a Secretary, and a Treasurer." and substituting in lieu thereof the phrase "a Vice Mayor, a Secretary and a Treasurer."

Section 4. Further amend Subsection (A), Section 14, Chapter 189, Volume 43, Laws of Delaware by striking the sentence "The President of the Council shall be a member of the Council." in its entirety.

Section 5. Amend Subsection (D), Section 14, Chapter 189, Volume 43, Laws of Delaware by striking said Subsection in its entirety and substituting in lieu thereof the following:

"DUTIES AND POWERS OF MAYOR

(D) The Mayor shall preside at all meetings of Council: shall serve as the head of the Town government for all ceremonial purposes and for purposes of military law; shall appoint all committees, subject to Council confirmation and shall have general superintendence of all municipal affairs. The Mayor shall receive complaints of nuisances and all complaints of violations of laws or ordinances and present the same to Cowell at its first meeting thereafter for action of Council.

The Mayor shall sign all warrants on the Treasurer for the payment of any Town money and shall perform such other duties as may be prescribed by Resolution or Ordinance of Council.

The Mayor shall have the same right as other officers and Council members to vote on all matters and may, at any time, appoint another officer or Council member to preside if he desires to make a motion, move the adoption of a resolution, second either, or debate any question from the floor and may, thereafter, Immediately resume his duties as presiding officer. For purposes of establishing a majority vote, the Mayor shall be counted as a member of Council.

If the Mayor be incapacitated from acting by reason of absence, or for any other cause whatsoever, then all powers and duties conferred and imposed upon him by this Act, or any other Law, or any resolution or ordinance now or thereafter adopted or enacted by Council, shall be exercised and performed by the Vice-Mayor chosen by Council as acting Mayor for the period of such incapacity.

The Mayor shall serve a term of two years."

Section 6. Amend Section 15, Chapter 189, Volume 43, Laws of Delaware by striking the figure "550,000" as it appears in paragraph 13 and substituting in lieu thereof the figure "575,000".

Section 7. Amend Chapter 189, Volume 43, Laws of Delaware, by striking each reference to "President" and "President of Council" and substituting in lieu thereof the word "Mayor".

Section 8. This Act shall not effect the towns presently being served by Council members. Section 9. This Act shall become effective February 1, 1987.

Approved July 1, 1986.