CHAPTER 450

FORMERLY

SENATE BILL. NO. 387

AN ACT TO AMEND SECTIONS 335, 337 AND 4110 OF TITLE 9 OF THE DELAWARE CODE RELATING TO MEETINGS AND QUORUMS AND PROCEDURES OF COUNTY BODIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Strike 5335, Title 9 of the Delaware Code.

Section 2. Strike 5337, Title 9 of the Delaware Code.

Section 3. Amend §4110, Title 9 of the Delaware Code by adding the following subsections (G), (H), (1), (3) and (K):

(G) Procedure. The county government shall meet regularly. The place and dates of such meetings shall be established by the county government as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on the call of the President of the county government or of a majority of the members of the county government in accordance with rules adopted as a part of the ruses of procedure of the county government.

The county government shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.

Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the county government shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the county government. No action of the county government, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all of the members of the county government.

(H) Actions required by ordinance. All actions of the county government which shall have the force of law shall be by ordinance.

(I) Ordinances generally. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those relating to the budget or appropriation of funds and those relating to the adoption or revisions of the County Code shall contain more than subject which shall be clearly expressed in its title. The enacting shall be 'The County of Kent hereby ordains'. Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.

An ordinance may be introduced by any member at any regular or special meeting of the county government. Upon Introduction of any ordinance, the Clerk of the county government shall distribute a copy to each elected official of the county governing body and to the County Administrator; shall file a reasonable number of copies in the office of the Clerk of the county government and such other public places as the county government may designate; shall, in 1 newspaper of general circulation in the county, publish in bold type the ordinance or the title thereof together with a notice setting out the time and place for a public hearing thereon by the county government; and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and others who may be affected by such ordinance. The public hearing shall follow the publication by at least 7 days, may be held separately or in connection with a regular or special county government meeting and may be adjourned from time to time, and all persons Interested shall have a reasonable opportunity to be heard. The county government may make rules governing the holding of public hearings. After the public hearing, the county government may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance which is not embraced within the title of the ordinance, the County government may not adopt it until the ordinance or its amended sections have been subjected to all of the procedures hereinbefore required In the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk of the county government shall number the ordinance and have it, or its title, published again, one time in a newspaper of general circulation in the county, together with a notice of its adoption.

Except as otherwise provide in this title, every adopted ordinance shall become effective immediately unless the ordinance itself stipulates a different date.

(J) Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the county government may adopt emergency ordinances, but such ordinances may not levy taxes, grant, review or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance than be published and printed as prescribed for other adopted ordinance:. It shall become effective immediately upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specific in this section for adoption of emergency ordinance:.

(K) Authentication, recording, codification and printing of ordinances. The Clerk of the county government shall authenticate by his signature and record in full, in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the county government."

Approved July 8, 1986