TITLE 29

State Government

Continuity of Government

CHAPTER 77. EMERGENCY LOCATION OF GOVERNMENT

Subchapter II. Political Subdivisions of the State


Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this State may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any 2 members of such governing body and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency. Such sites or places may be within or without the territorial limits of such political subdivisions and may be within or without this State.

29 Del. C. 1953, § 7721; 53 Del. Laws, c. 137.;

During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time consuming procedures and formalities ordinarily prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.

29 Del. C. 1953, § 7722; 53 Del. Laws, c. 137.;

This subchapter shall control and be supreme in the event it shall be employed as provided in this subchapter notwithstanding any statutory, charter or ordinance to the contrary or in conflict with this subchapter.

29 Del. C. 1953, § 7723; 53 Del. Laws, c. 137.;