TITLE 9

Counties

New Castle County

CHAPTER 11. COUNTY EXECUTIVE AND COUNTY COUNCIL

Subchapter IV. County Council


(a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members. Six of these members shall be elected from council districts. The seventh member shall be elected at large from New Castle County and shall serve as President of County Council.

(b) Notwithstanding any law to the contrary, except for the President of County Council, the terms of officials of the county governing body elected in the 1998 general election and any special election held after the 1998 general election but prior to the 2002 general election shall terminate on the first Wednesday in November following the 2002 general election. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2002 general election and any special election held following the 2002 general election to fill a vacancy in a seat elected in the 2002 general election shall terminate on the first Wednesday in November following the 2006 general election. The President of County Council shall always be elected in the presidential election year.

(c) Notwithstanding any law to the contrary, following the 2002 general election, and to become effective with the 2004 general election and all subsequent elections, the County Council shall consist of 13 members. Twelve of these members shall be elected from council districts. The thirteenth member shall be elected at large from New Castle County and shall serve as the President of the County Council.

(d) Notwithstanding any law to the contrary, for the 2004 general election, the County Council shall reapportion the county into 12 council districts. This reapportionment shall split each existing council district into 2 districts or as close thereto as is possible pursuant to the terms of § 1165 of this title. This reapportionment shall further be conducted in the manner specified in § 1165 of this title using the 2000 United States Decennial Census. This reapportionment shall be completed on or before January 1, 2004. The 6 members elected in the 2002 general election shall continue to hold office, until their terms expire pursuant to subsection (b) of this section. Six additional members shall be elected from the districts newly created pursuant to § 1165 of this title. Notwithstanding any law to the contrary, the terms of the officials of the county governing body elected in the 2004 general election and any special election held thereafter to fill a vacancy in a seat elected in the 2004 general election, shall terminate on the 1st Wednesday in November following the 2008 general election.

(e) An elected official shall take office on the first Wednesday in November following the general election.

9 Del. C. 1953, § 1141; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 1-4; 57 Del. Laws, c. 303, §§ 1-3; 70 Del. Laws, c. 568, § 1; 70 Del. Laws, c. 569, § 1; 71 Del. Laws, c. 172, § 1; 71 Del. Laws, c. 198, §§ 1, 4-7, 11, 12; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, § 1; 73 Del. Laws, c. 30, §§ 1, 4.;

Elected officials of the County Council shall be citizens of the United States and qualified electors of the County. They shall be residents of the district from which they are elected or, in the event of redistricting, of the district as adjusted for at least 1 year prior to their election. Such officials must not be less than 24 years old when elected to office. The County Council shall be the judge of the qualifications of its members.

9 Del. C. 1953, § 1142; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 38.;

Except where authorized by law, no elected official of the County Council shall hold any other county office or employment with the County Council during the term for which such official was elected to the County Council. No former elected official shall hold any compensated appointed county office or employment until 1 year after the expiration of the term for which such official was elected to the County Council.

9 Del. C. 1953, § 1143; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 39.;

The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council, except that no increase shall be effective for any such official whose term will expire within 6 months from the time enactment of such ordinance. Such officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.

9 Del. C. 1953, § 1144; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, § 5; 57 Del. Laws, c. 303, § 4; 59 Del. Laws, c. 458, § 1; 71 Del. Laws, c. 401, § 40.;

(a) At the general election on November 8, 1966, and each fourth year thereafter, a President of the County Council shall be elected at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the President of the County Council thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election year. The President of the County Council shall preside over meetings of the County Council and shall have the same rights and duties including the right to vote and speak therein as other members.

(b) The County Council shall elect by majority vote from among its members a President pro tempore of the county government who shall, during the absence of the President or a vacancy in the office, assume its rights and duties.

9 Del. C. 1953, § 1145; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

All legislative powers of the County shall be vested in the County Council, except as otherwise provided by this title or other laws of this State, and the County Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the County by law.

9 Del. C. 1953, § 1146; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

(a) The office of an elected official of the County Council shall become vacant upon the official's death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. The office shall be deemed to have been forfeited should the incumbent at any time during the incumbent's term of office:

(1) Lack any qualifications for the office prescribed by this subchapter or other law of the State, including residence in the district from which the official was elected;

(2) Violate any express prohibition of this title; or

(3) Be convicted of a crime involving moral turpitude.

(b) Whenever a vacancy in County Council occurs for any reason, within 10 days following the creation of the vacancy, the President of County Council shall deliver to the Department of Elections for New Castle County a writ of election reporting the existence of the vacancy and requesting that a special election be scheduled to fill the same.

(c) On the next day after receiving a writ of election, unless the same shall be Sunday and then on the Monday next following, the Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing a day for holding a special election, and the Council member or members to be chosen, at the following locations:

(1) On the outside of the door of the New Castle County Courthouse;

(2) On the internet; and

(3) In at least 5 public places in the council district for which it received a writ of election.

(d)(1) President of County Council. — If the Department of Elections for New Castle County receives a writ of election reporting the existence of a vacancy in the Office of President of the County Council then, no more than 45 days after posting said proclamation pursuant to subsection (c) of this section, it shall hold a special election to fill such vacancy; provided, however that:

a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 45 days immediately following another special election, the special election to fill the vacancy shall be held on the forty-fifth day following the previous special election; and

b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said special election shall be held on the first business day thereafter.

(2) Notwithstanding paragraph (d)(1) of this section:

a. In the year of a general election, if a vacancy occurs in the Office of President of the County Council on or after June 1 but before August 20 of that year, the special election to fill such vacancy shall be held that year on the day of the general election;

b. In the year of a general election in which the Office of President of the County Council is not on the general election ballot, if a vacancy occurs in the Office of President of the County Council on or after August 20 of that year but before the date of the general election, the special election to fill such vacancy shall be held that year on the forty-fifth day following the general election, or within 1 week thereafter.

(e)(1) Council Members other than President. — If the Department of Elections for New Castle County receives a writ of election reporting the existence of a vacancy on New Castle County Council other than in the Office of President of the County Council then, no more than 30 days after posting said proclamation pursuant to subsection (c) of this section, it shall hold a special election to fill such vacancy; provided, however that:

a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 30 days immediately following another special election, the special election to fill the vacancy shall be held on the thirtieth day following the previous special election.

b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said special election shall be held on the first business day thereafter.

(2) Notwithstanding paragraph (e)(1) of this section:

a. In the year of a general election, if the vacancy occurs on or after July 1 but before August 20 of that year, the special election to fill such vacancy shall be held that year on the day of the general election;

b. In the year of a general election in which the vacated office is not on the general election ballot, if the vacancy occurs on or after August 20 of that year but before the date of the general election, the special election to fill such vacancy shall be held that year on the thirtieth day following the general election, or within 1 week thereafter.

(f) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the Department of Elections for New Castle County no more than 10 days following the date on which the Department posts its proclamation reciting the writ of election and appointing a day for holding a special election. The candidate for a political party shall be selected by the county chair of that party, or in the event that a county chair does not exist, then by the party's state chair.

(g) To the greatest extent feasible, the Department of Elections for New Castle County will use the same polling places as used in a general election; provided, however, that the department may require voters from multiple election districts to use a single polling place and, in the event a normal polling place is not available to be used on the day of the special election, may use as polling places buildings which are not normally used as polling places.

(h) The Department of Elections for New Castle County will appoint election officers as necessary to conduct the special election.

(i) Except as provided in this section, special elections conducted to fill a vacancy in County Council shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws, as far as the same may be applicable, as are prescribed for the general election; provided, however, that the provisions of § 4980(b) of Title 15 shall not apply to any special election held pursuant to this section, nor shall that section interfere with the conduct of a special election held pursuant to this section. Ballots for any special election conducted on the date of a general election pursuant to this section shall be merged with the general election ballots for that date and the 2 elections shall be conducted as a single, general election.

(j) The Superior Court for New Castle County, as constituted under article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Delaware Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence at 10 a.m. on the first business day thereafter.

(k) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the expiration of the term.

(l) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant to subsections (d) and (e) of this section, shall be paid by New Castle County.

9 Del. C. 1953, § 1147; 55 Del. Laws, c. 85, § 1; 58 Del. Laws, c. 563; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 41; 75 Del. Laws, c. 174, § 1.;

The County Council shall appoint a Clerk of County Council who shall keep the journal of its proceedings, and perform such other duties as are assigned to the Clerk by this title or by the County Council. The County Council may provide for employees to serve in the office of the Clerk of County Council.

9 Del. C. 1953, § 1148; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.;

(a) The County Council may make investigations into the affairs of the County and the conduct of any county department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of pertinent evidence of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be punishable in accordance with a schedule of fines and imprisonment established by the County Council. In no event shall a fine exceed $500 and an imprisonment shall not exceed 1 year.

(b) The Superior Court shall have exclusive original jurisdiction over offenses under this section.

9 Del. C. 1953, § 1149; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

(a) The County Council shall meet regularly at least twice in each month; provided, however, that by vote of a majority of the members of Council, Council may adjourn for not more than 1-month vacation each calendar year. The place, dates and times of regular meetings and the places of special meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on call of the President of County Council or of a majority of the members of the County Council in accordance with rules adopted as a part of the rules of procedure of the County Council. All meetings shall be public. Official county business transacted by the County Council shall be in the public meetings.

(b) The County Council 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.

(c) Voting, except on procedural motions, shall be by alphabetical roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the County Council 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 Council. No action of the County Council, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all the members of the County Council.

(d) Pursuant to the authority granted to the government of New Castle County in § 1101 of this title, the County Council may by ordinance impose upon itself a super-majority voting requirement in addition to any super-majority requirement imposed by state law.

9 Del. C. 1953, § 1150; 55 Del. Laws, c. 85, § 1; 60 Del. Laws, c. 131, § 1; 66 Del. Laws, c. 106, § 1; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 432, § 1.;

All actions of the County Council which shall have the force of law shall be by ordinance.

9 Del. C. 1953, § 1151; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

(a) 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 revision of the County Code shall contain more than 1 subject which shall be clearly expressed in its title. The enacting clause shall be "The County of New Castle 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 matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

(b) An ordinance may be introduced by any member at any regular or special meeting of the County Council. Upon introduction of any ordinance, the Clerk of County Council shall distribute a copy to each elected official of the county governing body and to the County Executive; shall file a reasonable number of copies in the office of the Clerk of County Council and such other public places as the County Council may designate; shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon by the County Council 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 1 week; may be held separately or in connection with a regular or special County Council meeting and may be adjourned from time to time, and all persons interested shall have a reasonable opportunity to be heard. The County Council may make rules governing the holding of public hearings. After the public hearing the County Council may adopt the ordinance with or without amendments 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 Council 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 County Council shall number the ordinance and have it published again, together with a notice of its adoption.

(c) Except as otherwise provided in this title, every adopted ordinance shall become effective at the expiration of 30 days after adoption, unless the ordinance itself stipulates a different date.

(d) As used in this section, the term "publish" means to print in 1 or more newspapers of general circulation in the County:

(1) The ordinance or the title thereof;

(2) The places where copies of the ordinances have been filed, the times when they are available for public inspection, and the place and the cost at which copies may be procured.

9 Del. C. 1953, § 1152; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

(a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending the Zoning Code, the County Council shall refer it to the Department of Land Use and the Planning Board for recommendation.

(b) Within 45 days the Department of Land Use and the Planning Board shall deliver its recommendation to the County Council who shall again publish the ordinance and establish a time and place at which a public hearing shall be held, provided that the County Council may by its rules and regulations require persons interested in the proposed ordinance to give it advance notice of intent to be heard thereupon. Upon the failure of the Department of Land Use and the Planning Board to deliver its recommendation to the County Council within 45 days, the County Council may proceed as provided in this subsection.

9 Del. C. 1953, § 1153; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 42.;

(a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County Council for adoption of such map or amendment thereto.

(b) Not less than 30 days prior to the adoption of the ordinance, the County Council shall have given notice to the owner of any property affected by any line of a proposed street or any change in the line of any existing street. Such notice shall be by registered mail to the owner of record at the owner's last known address and by publication in a newspaper of general circulation in the County.

(c) Prior to the adoption of the official map, the County Council shall advise the Department of Transportation of any proposed new street, or of the proposed change in the lines of any existing street. The County Council shall not proceed with the adoption of the ordinance until the Department has approved the proposed new street, or changes in the lines in existing streets, provided that the approval of the Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the proposed new street or change in the lines of existing streets, to the Department.

9 Del. C. 1953, § 1154; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.;

(a) The County Council, upon receipt of the operating budget, shall immediately publish a notice in a newspaper of general circulation in the County, setting forth:

(1) A summary of the estimated revenues and expenditure;

(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees or other revenue;

(3) That copies of the budget are available at the office of the Clerk of County Council;

(4) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which shall not be less than 10 days after the date of publication of such notice.

(b) The County Council, upon conclusion of its public hearings but not later than June 1, shall enact the operating budget ordinance. The County Council may increase, decrease, or delete any item of appropriation recommended by the County Executive, and may add new items of appropriation.

(c) No amendment to the operating budget ordinance shall increase the aggregate of authorized expenditures to an amount greater than the estimate of revenue for the corresponding period.

(d) The County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled Local Service Function Budget, all expenditures for the performance of local service functions which are not performed within the limits of any municipality. The County Council, in estimating the revenues for the payment of the cost of each such local service function, shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality which performs such function independently for its residents and pays the cost thereof out of its own revenue sources. The provisions of this subsection shall not be applicable:

(1) In any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a distinct activity without the affirmative action in the form of an ordinance of the County Council of New Castle County; and

(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(e) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled General Operating Budget, all expenditures not properly allocated to the Local Service Function Budget or other operating budget funds. County Council, in estimating the revenues necessary for the payment of these expenditures, shall include the estimated revenue to be derived from county-wide ad valorem taxation of real property.

9 Del. C. 1953, § 1155; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 43-45.;

(a) No ordinance shall be considered as officially adopted until it has been signed by the County Executive or has become effective without the signature of the County Executive as provided in this section.

(b) Every ordinance approved by the County Council shall be signed by the President of the County Council and presented forthwith to the County Executive.

(c) If the County Executive approves an ordinance presented to him or her, the County Executive shall sign it and return it to the Clerk of the County Council and the ordinance shall take effect in 30 days unless a different effective date is specified in the ordinance.

(d) If the County Executive disapproves a presented ordinance, the County Executive shall return it to the Clerk of County Council with any objections stated in writing, and the Clerk of County Council shall present the same with such objections to the County Council at its next regular meeting, and such objections shall be entered upon the journal of the County Council. The County Council may, within 30 days thereafter, reconsider the same; if after such reconsideration 5/7 of all of the members of the County Council in office prior to the first Tuesday following the 2004 general election and 1 0/13 of all of the members of the County Council thereafter shall vote to pass the ordinance, the same shall take effect notwithstanding the objections of the County Executive, unless a greater number of members are necessary according to the provisions of this subchapter for the original passage of the ordinance, in which case unless as many members as are requisite for the original passage of the ordinance shall vote to pass the ordinance, it shall not take effect. If any ordinance shall not be returned by the County Executive to the office of the Clerk of County Council within 10 calendar days after it shall have been presented to the County Executive, or if such ordinance shall be returned after the 10-day period without the County Executive's approval, the same shall take effect in like manner as if the County Executive had approved and signed it.

(e) The County Executive may disapprove or reduce any item or items of appropriation in any ordinance except for the following:

(1) Items prescribing salaries established by state law or prescribed by this title;

(2) Items appropriating funds for the purpose of auditing or investigating any part or all of the executive or administrative agencies of the County;

(3) Items for payment of principal and interest on the public debt;

(4) Items relating to the internal operating expenses of the County Council.

(f) Subject to the exceptions in subsection (e) of this section, the approved part or parts of any ordinance making appropriations shall become a law, and the part or parts disapproved, or the item or items reduced, shall not become law unless passed by the County Council over the veto of the County Executive as provided in subsection (d) of this section.

9 Del. C. 1953, § 1156; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 569, § 2; 71 Del. Laws, c. 198, § 8; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, § 2.;

To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew 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, but the affirmative vote of at least 5/7 of all of the members of the County Council in office prior to the first Tuesday following the 2004 general election and 1 0/13 of all the members of the County Council thereafter shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon its adoption or at such later time as it may specify. Every emergency ordinance, except 1 made for the issuance of emergency notes, shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

9 Del. C. 1953, § 1157; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 569, § 3; 71 Del. Laws, c. 198, § 9; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, § 3.;

(a) The County Council, at the meeting at which the annual operating budget ordinance is adopted, and within the limits of its power and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield sufficient revenue, which, together with any available surplus, will balance the budget.

(b) Revenues shall be estimated only upon the basis of the cash receipts anticipated for the fiscal year.

(c) The estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the budget shall be certified to the County Council by the County Executive.

(d) The annual operating budget ordinance shall not become effective until the County Council shall have adopted revenue measures which, together with the available surplus, shall in the opinion of the County Executive be estimated to yield sums at least sufficient to balance the proposed expenditures. The Office of Finance shall not approve any expenditure under any portion of an annual operating budget ordinance until such balancing shall have been provided.

(e) County Council, in the enactment of the annual revenue ordinance or other revenue measures, shall not impose ad valorem taxation on real property within any municipality to pay the cost of any local service function if such function is performed by the municipality for its residents, paid out of municipal revenues and the fact that the service is being provided is validated by County Council. The provisions of this subsection shall not be applicable:

(1) In any instance where a municipality initiates the performance of, or exercises responsibility for, a local service function or a distinct activity without the affirmative action of an ordinance of the County Council of New Castle County; and

(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(f) County Council, in the enactment of the annual revenue ordinance or in the enactment of other revenue measures, shall uniformly impose ad valorem taxation on real property within the County and pay the cost of the General Operating Budget.

9 Del. C. 1953, § 1158; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 46-49.;

(a) County Council shall adopt a capital program and adopt a capital budget before, or at the same meeting as, it adopts the annual operating budget.

(b) The capital program shall detail all permanent physical improvements, including the acquisition of real estate, that are planned to be financed, in whole or in part, from funds that are, or may become, subject to control or appropriation by the County Council during each of the ensuing 6 years. For each separate project there shall be shown the amount and the source of money that has been expended or encumbered, or is to be expended or encumbered before the next fiscal year, and also the amount and the sources of money planned to be expended during each of the ensuing 6 years.

(c) The County Council may not amend the capital program as submitted to it by the County Executive, until it has received from the County Executive recommendations with respect to the proposed amendment. The County Council shall not be bound by such recommendations and may act without them if they are not received within 15 days from the date they are requested.

(d) The Capital Budget Ordinance shall show the total capital appropriations.

(e) Amendments to the Capital Budget Ordinance must conform to the pertinent portions of the capital program in its original or amended form.

(f) The County Council, in the adoption of the Capital Budget Ordinance, shall not include in the revenue estimates, any estimated revenues to be derived from ad valorem taxation of real property within a municipality for any capital expenditure, including debt service, which is related to the performance by the County of a local service function which is performed by the municipality for its own residents, paid out of municipal revenues and the fact that the service is being provided is validated by County Council. The County Council, in the adoption of the Capital Budget Ordinance, shall not impose ad valorem taxation on real property within a municipality for the payment of the cost of any capital expenditure, including debt service, which is related to the performance by the County of a local service function which is performed by the municipality for its own residents, paid out of municipal revenues and the fact that the service is being provided is validated by County Council. This subsection shall not be applicable:

(1) In any instance where a municipality initiates the performance of, or exercises responsibility for, a local service function or a distinct activity without the affirmative action in the form of an ordinance of the County Council of New Castle County; and

(2) To capital expenditures, including debt service, for the acquisition by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(g) The County Council, in the adoption of a capital budget by ordinance, shall uniformly impose ad valorem taxation on real property within the County for the payment of the cost of any capital expenditure, including debt service, which is not related to the performance by the County of a local service function which is performed by a municipality for its own residents, paid out of municipal revenues and the fact that the service is being provided is validated by County Council.

9 Del. C. 1953, § 1159; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 50, 51-54.;

(a) The government of New Castle County may use the proceeds derived from ad valorem taxation of real property within the County, including real property within municipalities, at the tax rate imposed by the Levy Court of New Castle County as of July 1, 1965, for any purpose including the payment of the cost of services included in the Local Service Function Budget.

(b) The provisions of §§ 1131, 1134(d), 1155(d) and (e), 1158(e) and (f), and 1159(f) and (g) of this title shall be subject to the provisions of subsection (a) of this section.

9 Del. C. 1953, § 1160; 55 Del. Laws, c. 85, § 1.;

(a) The Clerk of County Council shall authenticate by signature, and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the County Council.

(b) Within 3 years after the commencement of the system of government provided in this chapter and at least every 10 years thereafter, the County Council shall provide for the preparation of a general codification of all county ordinances having the force and effect of continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Delaware Code and any amendments thereto, pertinent provisions of the Constitution and other laws of this State applicable to New Castle County, and such codes of technical regulations and other rules and regulations as the County Council may specify. This compilation shall be known and cited officially as the New Castle County Code. Copies of the County Code shall be furnished to county officers, departments and boards, placed in libraries and public offices for free public reference, and made available for purchase by other persons at a reasonable price fixed by the County Council.

(c) The County Council shall cause each ordinance having the force and effect of law, and each amendment to state law affecting the County, to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to state law, shall be distributed or sold to any person at reasonable prices to be fixed by the County Council. Subsequent to the publication of the first New Castle County Code, the ordinances and the amendments to state law shall be printed or reproduced in substantially the same style as the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in, or additions to, the provisions of the Constitution and other laws of this State or the codes of technical regulations included in the County Code.

9 Del. C. 1953, § 1161; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.;

(a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the County Council, except those whose compensation is fixed by state law, shall be compensated only in accordance with pay plans adopted by the County Council.

(b) Not more than 15 days after receipt from the County Executive of any recommendation of measures for the establishment or amendment of a pay plan or portions thereof, the President of County Council shall introduce an ordinance for the adoption of such recommendations. Not later than 60 days after the receipt of such recommendations, the County Council shall adopt them as submitted or in such amended form as the County Council shall provide. Should the County Council fail to act upon such recommendations within such 60-day period, its approval shall be presumed and the recommended pay plan or amendment thereto shall become effective as recommended.

9 Del. C. 1953, § 1162; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 55.;

(a)(1) The County Council shall exercise all power vested in the Levy Court of New Castle County prior to January 3, 1967, in connection with the creation of debt, and in addition, shall have the power to authorize the issuance of bonds of New Castle County to finance the cost of any object, program or purpose for which New Castle County, or any officer, department, board or agency thereof, is by this title or by any other law, authorized to raise, appropriate or expend money, or for the implementation and performance of functions, programs and purposes specified in this title, or in any other law, applicable to New Castle County; provided, however, that the County Council shall not have authority to create or to authorize the creating of any bonded indebtedness for the following purposes: The payment of any operating expenses; the payment of any judgment resulting from the failure of the County to pay any item of operating expense; the payment for any equipment or any public improvement of a normal life of less than 3 years. The foregoing limitations shall not apply should the County Council unanimously declare the existence of an emergency due to public calamity.

(2) The powers conferred by this chapter shall be in addition to and not in substitution for or in limitation of the powers conferred by any other law. Bonds may be issued under this section for any object or purpose for which the County is by this chapter or any other law authorized to raise or appropriate or expend money notwithstanding that any other law may provide for the issuance of bonds for the same or like purposes and without regard to the requirements, restrictions or other provisions contained in any other law. Bonds may be issued under this chapter notwithstanding any debt or other limitation prescribed by any other law, and the mode and manner of procedure for the issuance of bonds and the adoption of the ordinance authorizing issuance of the bonds under this chapter need not conform to the provisions of any other law or any other provision of this chapter.

(3) Bonds issued pursuant to this chapter shall be authorized by an ordinance passed by the County Council with the concurrence of 5/7 of all of the members elected to the County Council. However, when County Council has more than 7 members, bonds issued pursuant to this chapter shall be authorized by an ordinance passed by the County Council with the concurrence of 3/4 of all the members elected to the County Council. Each such ordinance shall state in brief and general terms the objects or purposes for which the bonds are to be issued and the maximum aggregate principal amount of bonds to be issued for each such object or purpose. Such ordinance, or a subsequent resolution of the County Council, shall specify, or may delegate authority to the County Executive to determine, the following: The date or dates of such bonds; the maturity of such bonds; provisions for either serial or term bonds; sinking fund or other reserve fund requirements, if any; due dates of the interest thereon; the form of such bonds; the denominations and designation of such bonds; registration, conversion and transfer privileges; provisions for redemption prior to maturity, if any, with or without premium; limitations with respect to the interest rate or rates on such bonds; the times and place or places within or without this State for the payment of the principal of or interest on the bonds; the method of execution of the bonds; provisions for the consolidation of bonds authorized for several objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions for the receipt and deposit or investment of the good faith deposit pending delivery of such bonds; provisions for the public or private sale of the bonds as hereinafter provided; provisions for the replacement of lost, stolen, mutilated or destroyed bonds; and such other terms and conditions of such bonds and of the issuance and sale thereof as the County Council may determine to be in the best interests of the County. Debt incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council by resolution may determine, or it may delegate authority to the County Executive to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt.

(4) The bonds authorized by each ordinance shall mature as may be determined by the County Council but in any event not later than 30 years after the date of the bonds; provided, however, that the last maturity of bonds issued to finance any single water improvement costing over $5,000,000 may mature not later than 40 years after the date of such bonds.

(5) Bonds issued pursuant to this chapter shall be sold by the County Executive at public sale upon sealed proposals after at least 10 days' notice published at least once in 1 newspaper published in New Castle County and in a financial journal published in the City of New York, at such price and upon such terms, conditions and regulations as the County Council may prescribe; provided, that the County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations as it may prescribe.

(6) The proceeds of the sale of bonds issued under this chapter shall be used only for the object or purpose or objects or purposes specified in the ordinance authorizing such bonds or for the payment of the principal of and interest on temporary loans made in anticipation of the sale of such bonds. If for any reason any part of such proceeds are not applied to or are not necessary for such purposes, such unexpended part of such proceeds shall be applied to the payment of the principal of or interest on such bonds.

(7)a. Bonds shall not be issued pursuant to this chapter if their issuance would increase the aggregate principal amount of all bonds of the County then outstanding to an amount in excess of 3% of the assessed valuation of the real estate taxable by the County. Provided, however, that in computing the outstanding bonds under the previous sentence of this paragraph, there shall not be included therein any bond, notes or other evidences of indebtedness issued, or which may be issued, after January 8, 1968:

1. Under Chapter 23 of this title for the purpose of financing facilities for sanitary districts or under Chapter 5 of this title for the purpose of financing suburban community improvements;

2. Under this chapter or any other provision of law for the purpose of financing the construction or acquisition of sewer or sewage systems, airport facilities or water improvements or supply systems;

3. To the extent of any sinking fund or other reserve fund which will be available for the payment of, and which is pledged to secure, said debt;

4. In anticipation of tax or other revenues pursuant to subsection (c) of this section; or

5. Which do not pledge the full faith and credit of the County.

b. For the purposes of calculating under paragraph (a)(7)a.3. of this section, above, the amount of any sinking or reserve fund which will be available for payment of a debt, such fund shall be counted only to the extent that it is invested in obligations of, or guaranteed by, the United States or any agency or instrumentality thereof and, to the extent that the rate of investment earnings thereon is not fixed or guaranteed, such rate shall be assumed to be 6% per annum.

(8) Whenever the County Council shall have authorized the issuance of bonds by an ordinance adopted pursuant to this chapter, the County may borrow money in anticipation of the issuance of such bonds so authorized and, for such purpose, may issue, and may from time to time, renew negotiable bond anticipation notes of the County, of an aggregate principal amount not exceeding the principal amount of such bonds authorized by such resolution. The County may also borrow money in anticipation of the receipt of grants either from the federal or state government or from any of their agencies, and for such purpose, may issue, and may from time to time, renew negotiable grant anticipation notes of the County in an aggregate amount, including interest thereon to the date of maturity, not greater than the grant or grants in anticipation of the receipt of which the notes are issued. The principal of and interest on the grant anticipation notes shall be payable out of the proceeds of the grant or grants, and the County shall so covenant. With respect to bond anticipation notes and grant anticipation notes, the County Council shall authorize such notes by a resolution or resolutions which shall determine the date of the notes, the date on which such notes are to be payable, the maximum principal amount thereof and the rate or maximum rate of interest to be borne thereby and the manner of their signing. The County Council in such resolution may delegate to the County Executive authority to sell the notes thereby authorized, either at public or private sale, and to determine within the limitations prescribed by such resolution the rate of interest to be borne by such notes and the principal amount thereof. Moneys raised by the issuance of notes in anticipation of the issuance of bonds or in anticipation of the receipt of grants shall be used only to finance the object or purpose for which the proceeds of the bonds or grants, respectively, may be used and such proceeds shall be applied, to the extent necessary, to pay and retire such notes. Notwithstanding any provisions of paragraph (a)(10) of this section, and notwithstanding any other provision of this chapter or any provision of any other law, grant anticipation notes may be made payable only from the proceeds of grants and need not pledge the faith and credit or taxing power of the County, and in that case, the notes may not be deemed to constitute an indebtedness of or a charge against the general credit or taxing power of the County within the meaning of any debt or other limitation or any provision of any other law.

(9) The full faith and credit of the County shall be deemed to be pledged for the punctual payment of the principal of and interest on every bond and note issued under this chapter. The County Council shall annually levy and collect a tax ad valorem upon all property taxable by the County sufficient to pay the principal of and interest on each such bond or note as such principal and interest become due; provided, however, such tax may be reduced by the amount of other moneys appropriated and actually available for such purpose or provided for by local or special assessments or local service taxes. Nothing in this subsection shall relieve the government of New Castle from any requirement to levy any local or special assessment or local service tax.

(10) All bonds, notes or other evidences of indebtedness issued pursuant to this chapter shall recite that they are issued for a purpose or purposes as specified in the authorizing ordinance or resolution and that they are issued pursuant to the terms of the Constitution and laws of this State and the County. Upon the sale and delivery of any such bonds, notes or other evidences of indebtedness against payment, such recitals shall be conclusive as to the right, power and authority of the County to issue the same and of the legality, validity and enforceability of the obligation of the County to pay principal of and interest on the same. In case any county official whose signature or a facsimile thereof shall appear on any such bonds, notes or other evidences of indebtedness shall cease to be such officer before the delivery of such obligation, or in case the seal of the County which appears on any such obligation shall change before the delivery of such obligation, such signature, seal or facsimile thereof shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office and as if such seal had not changed. The legality, validity and enforceability of such bonds, notes or other evidences of indebtedness shall never be questioned in any court of law or equity by the County or any person after the issuance, execution and delivery against payment for the same. All such bonds, notes and other evidences of indebtedness are hereby declared to have all the qualities and incidents of negotiable instruments under the commercial code of this State.

(b) The County Council may authorize the Chief Financial Officer to issue bonds or certificates of indebtedness to finance assessable public improvements in the manner provided by law.

(c) The County Council, subject to such limitations as may be imposed by the Constitution or laws of the State, may borrow in any fiscal year in the anticipation of the collection of taxes or other revenue budgeted for such year, and for any purposes for which such taxes are levied, such sums as shall not be in excess of 50% of the amount of uncollected taxes of such fiscal year.

9 Del. C. 1953, § 1163; 55 Del. Laws, c. 85, § 1; 56 Del. Laws, c. 232; 64 Del. Laws, c. 318, §§ 5, 6; 71 Del. Laws, c. 401, §§ 15, 56, 57; 72 Del. Laws, c. 162, §§ 1, 2.;

The boundaries of the 7 councilmanic districts shall be as follows:

DISTRICT 1

The boundaries of the first councilmanic district shall comprise all that portion of the City of Wilmington, Christiana Hundred and New Castle Hundred bounded by a line beginning at the point of intersection of the center line of the northerly boundary of the City of Wilmington with the center line of the boundary line of the States of Delaware and New Jersey; thence in a generally westerly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of Todds Lane extended; thence in a northwesterly direction along the center line of Todds Lane extended and Todds Lane to its point of intersection with the center line of Bowers Street; thence in a southwesterly direction along the center line of Bowers Street to its point of intersection with the center line of 27th Street; thence in a northwesterly direction along the center line of 27th Street to its point of intersection with the center line of Claymont Street; thence in a southwesterly direction along the center line of Claymont Street to its point of intersection with the center line of 26th Street; thence in a northwesterly direction along the center line of 26th Street to its point of intersection with the center line of North East Boulevard; thence in a northeasterly direction along the center line of North East Boulevard to its point of intersection with the center line of 30th Street; thence in a northwesterly direction along the center line of 30th Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center line of Market Street to its point of intersection with the center line of Concord Avenue; thence in a northerly direction along the center line of Concord Avenue to its point of intersection with the center line of Washington Street; thence in a southwesterly direction along the center line of Washington Street to its point of intersection with the center line of Baynard Boulevard; thence in a southerly direction along the center line of Baynard Boulevard to its point of intersection with the center line of the Brandywine Creek; thence in a northwesterly direction along the center line of the Brandywine Creek to its intersection with the center line of Adams Street extended; thence in a southwesterly direction along the center line of Adams Street extended and Adams Street to its point of intersection with the center line of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Adams Street; thence in a southwesterly direction along the center line of Adams Street to its point of intersection with the center line of 10th Street; thence in a northwesterly direction along the center line of 10th Street to its point of intersection with the center line of Jackson Street; thence in a northeasterly direction along the center line of Jackson Street to its point of intersection with Delaware Avenue; thence in a northwesterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Pennsylvania Avenue; thence in a westerly direction along the center line of Pennsylvania Avenue to its point of intersection with the center line of Broom Street; thence in a southwesterly direction along the center line of Broom Street to its point of intersection with the center line of 6th Street; thence in a northwesterly direction along the center line of 6th Street to its point of intersection with the center line of duPont Street; thence in a southwesterly direction along the center line of duPont Street to its point of intersection with the center line of 4th Street; thence in a northwesterly direction along the center line of 4th Street to its point of intersection with the center line of Union Street; thence in a southwesterly direction along the center line of Union Street to its point of intersection with the center line of Linden Street; thence in a northwesterly direction along the center line of Linden Street and Linden Street extended to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southwesterly and southeasterly direction along the center line of the boundary of the City of Wilmington and the boundary of the City of Elsmere to its point of intersection with the most eastern point of the center line of the boundary of the City of Elsmere; thence in a southwesterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a southeasterly direction along the center line of duPont Road to its point of intersection with the center line of Howard Street; thence in a southerly direction along the center line of Howard Street to its point of intersection with the center line of Matthes Avenue; thence in an easterly direction along the center line of Matthes Avenue to its point of intersection with the center line of Maryland Avenue; thence in a southwesterly direction along the center line of Maryland Avenue to its point of intersection with the center line of Middleboro Road; thence in an easterly direction along the center line of Middleboro Road and Middleboro Road extended to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way (extended) to its intersection with the center line of the Christina River; thence in an easterly and northerly direction along the center line of the Christina River to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of South Heald Street (Heald Street Cut-Off); thence in a southwesterly direction along the center line of South Heald Street (Heald Street Cut-Off) to its intersection with the center line of Rogers Road; thence in a southeasterly direction along the center line of Rogers Road to its point of intersection with the center line of New Castle Avenue; thence southwesterly along the center line of New Castle Avenue to its point of intersection with the center line of Lambson Lane; thence in an easterly direction along the center line of Lambson Lane to its intersection with the center line of the boundary of the City of Wilmington; thence in a southeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the boundary of the States of Delaware and New Jersey; thence in a northeasterly direction along the center line of the boundary of the States of Delaware and New Jersey to its intersection with the center line of the northern boundary of the City of Wilmington, the point and place of beginning.

DISTRICT 2

The boundaries of the second councilmanic district shall comprise all that portion of Brandywine Hundred and the City of Wilmington bounded by a line beginning at the point of intersection of the center line of the most eastern point of the state boundary of the States of Delaware and New Jersey; thence in a northwesterly direction along the center line of the state boundary of the States of Delaware and New Jersey to the point of its intersection with the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a westerly direction along the center line of the state boundary of the State of Delaware and Pennsylvania to its point of intersection with the center line of Dartmouth Woods Road extended; thence in a southerly direction along the center line of Dartmouth Woods Road extended and Dartmouth Woods Road to its point of intersection with the center line of Naamans Road; thence in a westerly direction along the center line of Naamans Road to its point of intersection with the center line of Grubb Road; thence in a southeasterly direction along the center line of Grubb Road to its point of intersection with the center line of Weatherton Drive; thence in a southerly direction along the center line of Weatherton Drive to its point of intersection with the center line of Raven Road; thence in a westerly direction along the center line of Raven Road to its point of intersection with the center line of Kingman Drive; thence in a generally southerly direction along the center line of Kingman Drive to its point of intersection with the center line of Silverside Road; thence in a southeasterly direction along the center line of Silverside Road to its point of intersection with the center line of Graylyn Road; thence in a southwesterly direction along the center line of Graylyn Road to its point of intersection with the center line of Graywell Road; thence in a southwesterly direction along the center line of Graywell Road to its point of intersection with the center line of Wilson Road; thence in a southwesterly direction along the center line of Wilson Road to its point of intersection with the center line of Shipley Road; thence in a southerly direction along the center line of Shipley Road to its point of intersection with the center line of the Baltimore and Ohio Railroad right-of-way; thence in a southwesterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southerly, easterly and northerly direction along the center line of the boundary of the City of Wilmington to its intersection with the center line of Lea Boulevard; thence in a southeasterly direction along the center line of Lea Boulevard to its intersection with the center line of Washington Street; thence in a southwesterly direction along the center line of Washington Street to its intersection with the center line of 33rd Street; thence in a southeasterly direction along the center line of 33rd Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center line of Market Street to its point of intersection with the center line of 30th Street; thence in a southeasterly direction along the center line of 30th Street to its point of intersection with the center line of North East Boulevard; thence in a southwesterly direction along the center line of North East Boulevard to its point of intersection with the center line of 26th Street; thence in a southeasterly direction along the center line of 26th Street to its point of intersection with the center line of Claymont Street; thence in a northeasterly direction along the center line of Claymont Street to its point of intersection with the center line of 27th Street; thence in a southeasterly direction along the center line of 27th Street to its point of intersection with the center line of Bowers Street; thence in a northeasterly direction along the center line of Bowers Street to its point of intersection with the center line of Todds Lane; thence in a southeasterly direction along the center line of Todds Lane and Todds Lane extended to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a generally easterly direction along the center line of the northern boundary of the City of Wilmington to its point of intersection with the center line of the state boundary of the States of Delaware and New Jersey; thence in a northeasterly direction along the center line of the state boundary of the States of Delaware and New Jersey to the most eastern point of the state boundary of the States of Delaware and New Jersey, the point and place of beginning.

DISTRICT 3

The boundaries of the third councilmanic district shall comprise all that portion of Brandywine Hundred, Christiana Hundred, Mill Creek Hundred, and the City of Wilmington bounded by a line beginning at the point of intersection of the center line of the state boundary of the States of Delaware and Pennsylvania and the center line of Dartmouth Woods Road extended; thence in a generally westerly direction along the center line of the boundaries of the States of Delaware and Pennsylvania to its point of intersection with the center line of Old Wilmington Road; thence in a generally southeasterly direction along the center line of Old Wilmington Road to its point of intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road to its point of intersection with the center line of Lancaster Pike (Route 48); thence in a southeasterly direction along the center line of Lancaster Pike (Route 48) to its point of intersection with the center line of Center Road (Route 141); thence in a southwesterly direction along the center line of Center Road (Route 141) to its point of intersection with the center line of Faulkland Road; thence in an easterly direction along the center line of Faulkland Road to its point of intersection with the center line of duPont Road; thence in a southerly direction along the center line of duPont Road to its point of intersection with the center line of the boundary of the City of Elsmere; thence in a southeasterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a northeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of Linden Street extended; thence in a southeasterly direction along the center line of Linden Street extended and Linden Street to its point of intersection with the center line of Union Street; thence in a northeasterly direction along the center line of Union Street to its point of intersection with the center line of 4th Street; thence in a southeasterly direction along the center line of 4th Street to its point of intersection with the center line of duPont Street; thence in a northeasterly direction along the center line of duPont Street to its intersection with the center line of 6th Street; thence in a southeasterly direction along the center line of 6th Street to its point of intersection with the center line of Broom Street; thence in a northeasterly direction along the center line of Broom Street to its intersection with the center line of Pennsylvania Avenue; thence in an easterly direction along the center line of Pennsylvania Avenue to its point of intersection with the center line of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware Avenue to its second point of intersection with the center line of Jackson Street; thence in a southwesterly direction along the center line of Jackson Street to its point of intersection with the center line of 10th Street; thence in a southeasterly direction along the center line of 10th Street to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the center line of Adams Street to its point of intersection with the center line of Delaware Avenue; thence in a northwesterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the center line of Adams Street and Adams Street extended to its point of intersection with the center line of the Brandywine Creek; thence in a southeasterly direction along the center line of the Brandywine Creek to its point of intersection with the center line of Baynard Boulevard; thence in a northeasterly direction along the center line of Baynard Boulevard to its point of intersection with the center line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of intersection with the center line of Concord Avenue; thence in a southerly direction along the center line of Concord Avenue to its point of intersection with the center line of Market Street; thence in a northeasterly direction along the center line of Market Street to its point of intersection with the center line of 33rd Street; thence in a northwesterly direction along the center line of 33rd Street to its point of intersection with the center line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of intersection with the center line of Lea Boulevard; thence in a northwesterly direction along the center line of Lea Boulevard to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a westerly, southerly and northerly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Baltimore and Ohio Railroad right-of-way; thence in a northeasterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its point of intersection with the center line of Shipley Road; thence in a northwesterly direction along the center line of Shipley Road to its point of intersection with the center line of Wilson Road; thence in a northeasterly direction along the center line of Wilson Road to its point of intersection with the center line of Graywell Road; thence in a northwesterly direction along the center line of Graywell Road to its point of intersection with the center line of Graylyn Road; thence in a northeasterly direction along the center line of Graylyn Road to its point of intersection with the center line of Silverside Road; thence in a northwesterly direction along the center line of Silverside Road to its point of intersection with the center line of Kingman Drive; thence in a generally northerly direction along the center line of Kingman Drive to its point of intersection with the center line of Raven Road; thence in an easterly direction along the center line of Raven Road to its point of intersection with the center line of Weatherton Drive; thence in a northeasterly direction along the center line of Weatherton Drive to its point of intersection with the center line of Grubb Road; thence in a northwesterly direction along the center line of Grubb Road to its point of intersection with the center line of Naamans Road; thence in an easterly direction along the center line of Naamans Road to its point of intersection with the center line of Dartmouth Woods Road; thence in a northeasterly direction along the center line of Dartmouth Woods Road and Dartmouth Woods Road extended to its point of intersection with the center line of the state boundary of the States of Delaware and Pennsylvania, the point and place of beginning.

DISTRICT 4

The boundaries of the fourth councilmanic district shall comprise all that portion of Christiana Hundred, Mill Creek Hundred, the City of Elsmere and the City of Newport bounded by a line beginning at the point of intersection of the center line of Center Road (Route 141) and the center line of Lancaster Pike (Route 48); thence in a northwesterly direction along the center line of Lancaster Pike (Route 48) to its point of intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road and McKennans Church Road to its point of intersection with the center line of Milltown Road; thence in a southwesterly direction along the center line of Milltown Road to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a southwesterly direction along the center line of Kirkwood Highway (Route 2) to its point of intersection with the center line of the entrance road to Delaware Park; thence in a southeasterly direction along the center line of the entrance road to Delaware Park to its point of intersection with the center line of Old Capitol Trail; thence in a southwesterly direction along the center line of Old Capitol Trail to its point of intersection with the center line of Oak Street; thence in a southeasterly and southwesterly direction along the center line of Oak Street to its point of intersection with the center line of Marta Drive; thence in a southwesterly direction along the center line of Marta Drive to its point of intersection with the center line of a stream connecting Marta Drive with White Clay Creek; thence in a southeasterly direction along the center line of a stream connecting Marta Drive with White Clay Creek to its point of intersection with the center line of the White Clay Creek; thence in a generally northeasterly, southerly and easterly direction along the center line of the White Clay Creek to its point of intersection with the Christina River; thence generally northeasterly along the center line of the Christina River to its intersection with the center line of the Pennsylvania Railroad right-of-way extended; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way extended to its point of intersection with the center line of Middleboro Road extended; thence in a westerly direction along the center line of Middleboro Road extended and Middleboro Road to its point of intersection with the center line of Maryland Avenue; thence in a northeasterly direction along the center line of Maryland Avenue to its point of intersection with the center line of Matthes Avenue; thence in a northwesterly direction along the center line of Matthes Avenue to its point of intersection with the center line of Howard Street; thence in a northerly direction along the center line of Howard Street to its point of intersection with the center line of duPont Road; thence in a northwesterly direction along the center line of duPont Road to its point of intersection with the center line of the boundary of the City of Elsmere; thence in a northeasterly and generally northwesterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a northerly direction along the center line of duPont Road to its point of intersection with the center line of Faulkland Road; thence in a westerly direction along the center line of Faulkland Road to its point of intersection with the center line of Center Road (Route 141); thence in a northeasterly direction along the center line of Center Road (Route 141) to its point of intersection with the center line of Lancaster Pike (Route 48), the point and place of beginning.

DISTRICT 5

The boundaries of the fifth councilmanic district shall comprise all that portion of Mill Creek Hundred, White Clay Creek Hundred, Pencader Hundred and the City of Newark bounded by a line beginning at the intersection of the center line of Old Wilmington Road and the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a southwesterly direction along the center line of the state boundary line of the States of Delaware and Pennsylvania to its intersection with the center line of the boundaries of the States of Maryland and Delaware; thence in a southerly direction along the center line of the boundary of the States of Maryland and Delaware to its point of intersection with the center line of U.S. Route 40; thence in a generally easterly direction along the center line of U.S. Route 40 to its point of intersection with the center line of Salem Church Road; thence in a generally northwesterly direction along the center line of Salem Church Road to its point of intersection with the center line of the Christina Creek; thence in a generally northeasterly direction along the center line of the Christina Creek to its point of intersection with the center line of Ogleman Road (Route 7); thence in a generally northwesterly direction along the center line of Ogleman Road (Route 7) to its point of intersection with the center line of Christina Road (Route 273); thence northwesterly along the center line of the Christina Road (Route 273) to its intersection with the center line of Harmony Road; thence in a generally northerly direction along the center line of Harmony Road to its point of intersection with the center line of Ogletown-Stanton Road; thence in a northeasterly direction along the center line of the Ogletown-Stanton Road to its point of intersection with the center line of the Wilmington-Christiana Turnpike (Route 7); thence in a northerly direction along the center line of the Wilmington-Christiana Turnpike (Route 7) to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of White Clay Creek; thence in a northerly and generally westerly direction along the center line of White Clay Creek to its point of intersection with the center line of the stream connecting White Clay Creek with Marta Drive; thence in a northerly direction along the center line of the stream connecting White Clay Creek with Marta Drive to its point of intersection with the center line of Marta Drive; thence in a northeasterly direction along the center line of Marta Drive to its point of intersection with the center line of Oak Street; thence in a northeasterly and northwesterly direction along the center line of Oak Street to its point of intersection with the center line of Old Capitol Trail; thence in a northeasterly direction along the center line of Old Capitol Trail to its point of intersection with the center line of the entrance road to Delaware Park; thence in a northwesterly direction along the center line of the entrance road to Delaware Park to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a northeasterly direction along the center line of the Kirkwood Highway (Route 2) to its point of intersection with the center line of Milltown Road; thence in a northeasterly direction along the center line of Milltown Road to its point of intersection with the center line of McKennans Church Road; thence in a generally northerly direction along the center line of McKennans Church-Loveville Road to its point of intersection with the center line of Old Wilmington Road; thence in a northwesterly direction along the center line of Old Wilmington Road to its point of intersection with the center line of the boundary of the States of Delaware and Pennsylvania, the point and place of beginning.

DISTRICT 6

The boundaries of the sixth councilmanic district shall comprise all that portion of New Castle Hundred, Pencader Hundred, Red Lion Hundred, St. Georges Hundred, Appoquinimink Hundred and Blackbird Hundred bounded by a line beginning at the point of intersection of the center line of the southerly boundary of the City of Wilmington and the center line of the state boundary of the States of Delaware and New Jersey; thence in a northwesterly direction along the center line of the southerly boundary of the City of Wilmington to its point of intersection with the center line of Lambson Lane; thence in a generally westerly direction along the center line of Lambson Lane to its point of intersection with the center line of New Castle Avenue; thence in a northeasterly direction along the center line of New Castle Avenue to its point of intersection with the center line of Rogers Road; thence in a northwesterly direction along the center line of Rogers Road to its point of intersection with the center line of South Heald Street (Heald Street Cut-Off); thence in a northeasterly direction along the center line of South Heald Street (Heald Street Cut-Off) to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a northwesterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Christina River; thence in a generally southwesterly direction along the center line of the Christina River to its point of intersection with the center line of the White Clay Creek; thence in a generally westerly direction along the center line of the White Clay Creek to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of Wilmington Christiana Turnpike (Route 7); thence in a southerly direction along the center line of the Wilmington Christiana Turnpike (Route 7) to its point of intersection with the center line of Ogletown-Stanton Road; thence in a southwesterly direction along the center line of Ogletown-Stanton Road to its point of intersection with the center line of Harmony Road; thence in a southerly direction along the center line of Harmony Road to its point of intersection with the center line of Christiana-Ogletown Road (Route 273); thence in a southeasterly direction along the center line of Christiana-Ogletown Road (Route 273) to its point of intersection with the center line of the Christina Creek; thence in a generally southwesterly direction along the center line of the Christina Creek to its point of intersection with the center line of Salem Church Road; thence in a southeasterly direction along the center line of Salem Church Road to its point of intersection with the center line of U.S. Route 40; thence in a generally westerly direction along the center line of U.S. Route 40 to its point of intersection with the center line of the state boundary of the States of Delaware and Maryland; thence in a southerly direction along the center line of the state boundary of the States of Delaware and Maryland to its point of intersection with the center line of the boundary line between the Counties of Kent and New Castle; thence in a generally easterly and northeasterly direction along the center line of the boundary between the Counties of Kent and New Castle to its point of intersection with the center line of the boundary of the States of Delaware and New Jersey; thence in a generally northerly direction along the center line of the boundary of the States of Delaware and New Jersey to its point of intersection with the center line of the southerly boundary of the City of Wilmington, the point and place of beginning.

DISTRICT 7

The boundaries of the seventh councilmanic district shall comprise all of New Castle County.

9 Del. C. 1953, § 1164; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, § 6; 57 Del. Laws, c. 303, § 5; 70 Del. Laws, c. 186, § 1.;

(a) It shall be the mandatory duty of the County Council to redistrict New Castle County into council districts after each regular United States decennial census. For the general election in 2002 the County Council shall redistrict the county into 7 council districts, including 1 district comprising all of New Castle County for the election of the President of the county government.

(1) To accomplish the redistricting after the 2000 decennial census, the County Council shall, within 60 days after the official reporting of the 2000 decennial census by the President to Congress, appoint 7 qualified voters of the County who shall comprise a Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each of the 7 council districts of the County, including 1 district comprising all of New Castle County, and shall not be employed by the County in any other capacity. No more than 4 of the members shall be affiliated with the same political party. Within 90 days after appointment by County Council, the Redistricting Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the council district boundaries to reapportion the county into 6 council districts with the following specifications:

a. Each district shall contain contiguous territory; and

b. Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more than 15% from the average population for all districts, the average to be obtained by dividing the number 6 into the total population of the county according to the last census.

(2) To accomplish the redistricting commencing with the 2010 decennial census, and each decennial census thereafter, the County Council shall, within 60 days after the official reporting of the census by the President to Congress, appoint 13 qualified voters of the County who shall comprise a Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each of the 12 council districts of the county and 1 at-large, and shall not be employed by the county in any other capacity. No more than 7 of the members shall be affiliated with the same political party. Within 90 days after appointment by Council Council, the Redistricting Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the council district boundaries of districts 1 through 12 to comply with the following specifications:

a. Each district shall contain contiguous territory; and

b. Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more than 15% from the average population for all districts, the average to be obtained by dividing the number 12 into the total population of the county according to the last census.

(b) The report of the Redistricting Commission shall include a map and a description of the councilmanic districts recommended and shall be in the form of a proposed ordinance. Once filed with the Clerk of County Council the report shall be treated as an ordinance introduced by a member of the County Council.

(c) The procedure for the County Council's consideration of the report shall be the same as for other ordinances, provided that a map and a description of the proposed districts shall be published in addition to the other requirements for publication connected with enacting ordinances.

(d) The County Council shall adopt a redistricting ordinance within 60 days after the report of the Redistricting Commission has been filed with the Clerk of County Council. If a redistricting ordinance has not been adopted by the County Council and approved by the County Executive within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the Redistricting Commission shall become effective as if it had been adopted by County Council and approved by the County Executive. The redistricting ordinance, if 1 has been adopted by the County Council and approved by the County Executive, or the redistricting plan as submitted by the Redistricting Commission shall then determine the boundaries of districts 1 through 6 until the next redistricting in accordance with the provisions of this section, the provisions of § 1164 of this title notwithstanding.

(e) As used in § 1166 of this title, the phrase "odd-numbered federal decennial census" shall refer to the decades whose first digit is an odd number, for example, 2010, 2030, 2050; and the phrase "even-numbered federal decennial census" shall refer to the decades whose first digit is an even number, for example, 2000, 2020, 2040.

9 Del. C. 1953, § 1165; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 7, 8, 14-16; 57 Del. Laws, c. 303, §§ 6, 7; 58 Del. Laws, c. 406, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 568, § 2; 70 Del. Laws, c. 569, § 4; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, §§ 4, 5; 73 Del. Laws, c. 30, §§ 2, 3.;

(a) County Executives shall serve a term of 4 years and shall be elected in even-numbered and presidential election years.

(b) The officials elected to district 13 shall serve a term of 4 years and shall be elected in even-numbered presidential election years.

(c) All citizens qualified by the Constitution and laws of the State to vote in the County, and who satisfy the requirements for registration prescribed by law, shall be qualified to vote for members of the County Council and for the County Executive.

(d) Except as otherwise provided by this chapter, the election laws of the State shall apply to elections held under this chapter. All elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws of the State.

(e) The nomination of persons to be candidates in the general elections for County Executive and officials of the county governing body shall be governed by the election laws of the State.

9 Del. C. 1953, § 1166; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 9-11; 57 Del. Laws, c. 303, §§ 8-10; 58 Del. Laws, c. 406, §§ 1-4; 70 Del. Laws, c. 569, § 5; 71 Del. Laws, c. 198, § 10; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, §§ 6, 7.;

The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function prescribed by this title to a particular department, office or agency may be discontinued or assigned by the County Council to any other department, office or agency without the concurring approval of the County Executive.

9 Del. C. 1953, § 1167; 55 Del. Laws, c. 85, § 1; 59 Del. Laws, c. 414, § 1; 71 Del. Laws, c. 401, § 15.;

All of the powers of a slum clearance and redevelopment authority which now or hereafter shall be authorized under Chapter 45 of Title 31 and all of the powers of a housing authority which are now or hereafter shall be authorized under Chapter 43 of Title 31 may be vested by ordinance of New Castle County in such department or departments of the County Council as County Council may determine and County Council may delegate to a department director or directors the authority to execute contracts, deeds, leases, mortgages and other instruments necessary to carry out the aforesaid powers.

60 Del. Laws, c. 34, § 1; 71 Del. Laws, c. 401, § 15.;

Except in the case of an emergency declared by the Governor, the county governing body shall not meet between the general election day and the following Tuesday when the newly elected officials shall take office.

70 Del. Laws, c. 568, § 3.;