Bill Text: DE SB249 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend The Charter Of The Board Of Public Works Of The City Of Lewes, To Expand The Period Of Time For Nominations To The Board Of Public Works And To Modify The Procedures For The Board To Cease To Operate, Sell, Lease, Abandon Or Dispose Of Any Public Utility.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2010-07-15 - Signed by Governor [SB249 Detail]
Download: Delaware-2009-SB249-Draft.html

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SPONSOR: |
Sen. Simpson & Rep. Briggs King |
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145th GENERAL ASSEMBLY |
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SENATE BILL NO. 249 |
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AN ACT TO AMEND THE CHARTER OF THE BOARD OF PUBLIC WORKS OF THE CITY OF LEWES, TO EXPAND THE PERIOD OF TIME FOR NOMINATIONS TO THE BOARD OF PUBLIC WORKS AND TO MODIFY THE PROCEDURES FOR THE BOARD TO CEASE TO OPERATE, SELL, LEASE,ABANDON OR DISPOSE OF ANY PUBLIC UTILITY. |
WHEREAS, it is deemed desirable that the Charter of the Board of Public Works of The City of Lewes, being Chapter 10, Volume 77, Laws of Delaware, as amended, be amended to clarify certain provisions in the recent reincorporation of the Board of Public Works of the City of Lewes; and
WHEREAS, the present Charter of the Board of Public Works of The City of Lewes was reincorporated in 2009 with an effective date of August 7, 2009; and
WHEREAS, inconsistencies and limitations have become apparent which should be resolved in favor of more flexibility in the election process and for management decisions for the Board of Public Works; and
WHEREAS, the Board of Public Works has determined that the election process, especially the timing for filing of notice of candidacy, should be the same as required by the filing provision for candidates for the Mayor or City Council in the City of Lewes; and
WHEREAS, the BPW and the Mayor and City Council have determined that the requirements imposed by the Charter on the Mayor and City Council prior to ceasing to operate or otherwise selling, leasing or disposing of any utility system owned by the City are exceedingly burdensome and lengthy resulting in the very possible effect of preventing any such action to be taken.
NOW, THEREFORE:
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
Section 1.The Charter of the Board of Public Works of the City of Lewes, Volume 77, Chapter 10, Laws of Delaware, as amended, Section 2.4, Filing of Intent to be a Candidate, be and is hereby amended by striking the last sentence thereof and substituting in lieu thereof the following:
"All such notifications of candidacy shall be filed in the office of the General Manager during the regular business hours of the Board of Public Works not earlier than the opening of business on February 1 and prior to 4:30 p.m., prevailing time, on the first Thursday in April.".
Section 2.The Charter of the Board of Public Works of the City of Lewes, Volume 77, Chapter 10, Laws of Delaware, as amended, Section 9.6, be and is hereby amended by striking it in its entirety and substituting in lieu thereof the following:
"9.6.The BPW may cease to operate, or to sell, lease, abandon, or in any other way dispose of any utility system owned by it provided that the Mayor and City Council shall have granted prior consent.".
SYNOPSIS
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This Act amends the Charter of the Board of Public Works of the City of Lewes and is intended to clarify the date for filing Notice of Intent to be a candidate to more closely parallel that of the City of Lewes, similar to other provisions in the Charter and to clarify and make more practical provisions for sale of a utility system of the Board of Public Works. |
AUTHOR:Sen. Simpson
