HOUSE BILL NO. 246
AN ACT TO AMEND VOLUME 27, CHAPTER 216, LAWS OF DELAWARE, AS AMENDED BY VOLUME 28, CHAPTER 134, LAWS OF DELAWARE, AS AMENDED RELATING TO THE CHARTER OF THE CITY OF NEW CASTLE AND THE DUTIES AND SALARY OF THE CITY CLERK.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Volume 27, Chapter 216, Laws of Delaware, as amended by Volume 28, Chapter 134 Laws of Delaware, as further amended by Volume 51, Chapter 306, Laws of Delaware by striking in its entirety the last paragraph of Section 1, Volume 28, Chapter 134, Laws of Delaware and substituting in lieu thereof a new paragraph to read as follows:
"The City Clerk shall attend regularly at the office of the City at such regular hours as may be fixed by the Council, and the Clerk shall be paid an annual salary to be fixed by the Council not to exceed $1,500 payable monthly. The above salary shall be in full payment and compensation for the performance of all of the duties devolving upon him or her "
Section 2. Amend Volume 27, Chapter 216, Laws of Delaware, as amended by Volume 28, Chapter 134 by striking the first paragraph of Section 2, Volume 28, Chapter 134 and inserting in lieu of that paragraph a new paragraph to read as follows:
The City Council shall appoint a person to act as Assessor for the City who shall serve at the pleasure of Council and who shall make the assessment for the City in each year in accordance with the provisions of Section 19, of Chapter 216, Volume 27, Laws of Delaware, entitled An Act amending, revising and consolidating the Charter of the City of New Castle.' The Assessor shall perform all the duties laid upon the Assessor under the terms of the said Charter of the City, as amended, and the office of the Assessor as now existing under the said Charter is hereby abolished."
Section 3. Amend Volume 27, Chapter 216, Laws of Delaware, as amended by Volume 28, Chapter 134 by striking from Section 3, Volume 28, Chapter 134, Laws of Delaware all references reflecting that the City Clerk shall act as Collector of Taxes and providing that Council shall appoint a person to act as Collector of Taxes who shall serve at the pleasure of Council, so that new Section 3 shall read as follows:
"The City Council shall appoint a person to act as Collector of Taxes who shall serve at the pleasure of Council, and the Office of Collector of Taxes as now provided for by the Charter of the City is hereby abolished. The Collector of Taxes so appointed shall have all the rights, powers and remedies and be subject to all the duties of the Collector of Taxes as provided in Sections 20 and 21 of Chapter 216, Volume 27, Laws of Delaware, entitled 'An Act amending, revising and consolidating the Charter of the City of New Castle', it being the purpose and intention of this Act that the rights, powers and remedies for the collection of taxes shall be as there are now or may hereafter be provided for under the Charter of the said City; provided, however, that all actions, suits and proceedings taken for the collection of any tax due the City shall be in the name of The Mayor and Council of New Castle,' instead of in the name of the Collector of Taxes as heretofore.
The Collector of Taxes and his or her sureties shall be liable upon bond for the collection of all taxes due the City that it may be his or her duty to collect and that he or she may be required by the Council to collect, and for the accounting and payment to the City of all moneys received.
The Collector of Taxes shall act until his or her successor is qualified when his or her duties shall cease, it being the intention of this Act that all taxes due and not paid shall be payable to the Collector of Taxes in office when payment is made; provided, however, that the Collector of Taxes and his or her sureties shall be liable on bond for negligence in the collection of taxes, or in carrying out the directions of the Council."
Section 4. Nothing in this Act shall be taken to affect in any way the City Clerk now in office performing the functions of Assessor and Collector of Taxes or any City assessment heretofore made. All powers and remedies now conferred by law upon the City Clerk heretofore elected in said City and acting as the Assessor and Collector of Taxes heretofore assessed and levied and uncollected shall continue in full force and effect until all of the said tares shall be fully collected and paid; and the official bonds of said City Clerk heretofore given shall not be affected or the remedy thereon impaired by this Act, and the City Clerk and her sureties shall be and continue liable for any default or breach of the conditions of their respective bonds.
Section 5. All references in the City Charter in conflict with or inconsistent with this Amendment changing the duties of the City Clerk to eliminate the City Clerk's responsibilities to act as Assessor and Collector of Taxes are hereby repealed. Except to the extent the duties of City Clerk are changed by this Charter Amendment, the City Clerk shall continue to perform the duties set forth in the City Charter, as amended.
Approved June 8, 1989.