Who are eligible as the board. Member may be removed. OF THE CITY OF WILMINGTON. shall serve to and until the first day of April, A. D., one thousand eight hundred and ninety-one (1891); the director who draws the six year term shall serve to and until the first day of April, A. D., one thousand eight hundred and ninetythree (1893). At the expiration of the term of the said director who shall draw the shortest term, and biennially thereafter the place of the retiring director shall be filled by appointment by the mayor of the city of Wilmington for the term of six years. No person shall be eligible to appointment as a member of members of said board who shall not be a citizen of the United States, a qualified voter of the State, and resident of the city of Wilmington for the last five years next preceeding his appointment. Any member of said board may be removed for malfeasance in office by the mayor of said city, with the concurrence of two-thirds of the whole city council. The reason for the removal shall be entered in the journal. The members of said board shall hold no other municipal office during Vacancies. his or their membership in said board. The said board shall How filled. have power to fill and shall fill any vacancies in its own membership, except where there are two or more vacancies at the same time, in which case the mayor aforesaid shall appoint directors to fill the unexpired term. All the members of said board shall not at any one time belong to the same political party. Each member of said board shall before entering upon his duties, in addition to any oath required to be taken by other municipal officers, take and subscribe and file in the office of the mayor of the said city an oath or affirmation that he will faithfully perform his duties as a director in the street and sewer department of said city, and that he will neither be concerned nor interested pecuniarily, either directly or indirectly, in any contract for work or materials furnished for or about the erecting, construction or repairs of said street, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, while a member of said board; and, further, that he will not be controlled in any vote or action as a member of said board by political or partisan Shall not be of same political party. Must be sworn. Form. Time of or consideration. SECTION 3. On or before the first day of May, A. D. one ganization. thousand eight hundred and eighty-seven, (1887) the said directors of said department hereby constituted, shall assemble and organize by selecting one of their number to preside over their deliberation. All questions arising in said board OF THE CITY OF WILMINGTON. shall be determined by a vote of a majority, except where it is hereafter otherwise expressly provided. condemn How paid. control of relating to SECTION 4. The said directors of the street and sewer de- Salary. partment shall be paid for their services from the first day of April, A. D. one thousand eight hundred and eightyseven, (1887) yearly salaries as follows, viz: To each the annual sum of five hundred dollars, ($500) payable quarterly the said "The Mayor and Council of Wilmington," may after the said first day of July, A. D. one thousand eight hundred and eighty-seven, (1887) by the agency aforesaid for the purpose of opening, widening, improving or repairing any street, square, lane, road or alley, or for opening, maintaining, cleansing, improving or repairing any gutter, drain, sewer, natural water course, run or rivulet within the limit of said city, enter upon and condemn private property and assess the May enter benefits and damages thereof, and have the same ascertained, upon and collected and paid in the same manner and under the same private laws, ordinances, rules and regulations as are now prescribed property. for the government of "The Council" of said city in similar Damages. cases. The said directors of said street and sewer department shall after the time last aforesaid, have control of all matters Shall have relating to said streets, squares, lanes, roads, alleys, gutters, all matters drains, sewers, natural water courses, runs and rivulets, and streets, &c. all the machinery, tools, buildings, rights, franchises, books, accounts and other property of whatsoever nature or kind appertaining to the management of said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water course, runs and rivulets in virtue of any law, ordinance, rule or regulation now or hereafter in force. In carrying out and effecting the purposes and objects in this act, the said board of directors shall stand in the same position as is now occupied by Board shall "The Council," and shall after the said first day of July, A. stand in the D. one thousand eight hundred and eighty seven, (1887) so far tion occu as the purposes and objects of this act are concerned, be sub- council. stituted for "The Council" aforesaid with the same rights, powers, privileges and authority as were before the passage of this act by any means whatsoever vested in "The Council" aforesaid: Provided, that to and until the said first day of July, Proviso. A. D. one thousand eight hundred and eighty-seven, (1887) "The Council" aforesaid shall have the same rights, powers, privileges and authority, and be vested with the same jurisdiction and control over the said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, as it has heretofore had and exercised, except that said council shall not have the right after the passage of same posipied by the The ordi nances, rules and now in Shall con the Board All officers and ser vants shall be under the control rectors. Terms of officers sub ject to the pleasure of the direct ors. OF THE CITY OF WILMINGTON. this act (and it is hereby expressly forbidden) to enter into any contract having relation to said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs or rivulets, the performance of which shall not be entirely executed and completed and paid for on or before the said first day of July, A. D. one thousand eight hundred and eightyseven (1887). SECTION 5. The ordinances, rules and regulations of said city now in force relating to said streets, squares, lanes, regulations roads, alleys, gutters, drains, sewers, natural water courses, force. runs and rivulets, shall continue in force until the same are tinue until changed in whole or part by said board of directors of said changed by department and the street commissioners and all officers and of Direct- servants of the city engaged and employed on or in connection with the streets and sewers thereof, shall from the said first day of July, A. D. one thousand eight hundred and eightyseven, (1887) be under and subject to the control of said of said di directors, and the terms of office of the said street commissioner and all the said officers and servants are from and after the time last aforesaid, hereby made subject to termination at the pleasure of said directors, and said street commissioner, and all such officers and servants shall continue to perform the duties now devolved upon them by the laws and ordinances of said city until the said directors shall otherwise order; and all machinery, tools, buildings, rights, franchises, books, accounts, and other property of whatsoever nature or kind connected with the management of the said streets and sewers shall after the date last aforesaid, be used and disposed of according to the orders of said directors. The chief engineer and surveyor of the city of Wilmington shall perform the same duties as by any law, ordinance, rule or regulation of said city, he is now required to perform. He shall also when required, furnish said directors with all plans and specifications for laying out, grading and regulating streets and public ways, and for bridges, culverts, location of inlets, sewers, drains, gutters or other improvements to be made or done under the superintendance of the said directors. He shall take charge of all instruments, maps, plans, drawings, records and books relating to the surveys, regulations, grades, culverts, sewers, bridges, wharves and rivers of the city, and all such Shall at- shall be the property of the city of Wilmington. He shall, meetings of when required by said directors, attend their meetings and the direc- consult and advise with them or with either of them. Chief En gineer and Surveyor shall persame du form the ties. Duties. tend the tors. The Directors to said directors shall during the month of April in each year, timates. prepare estimates of probable expenses of the said street propose es OF THE CITY OF WILMINGTON. shall in sary to be said Board. collected. in the city appropria sewer de and sewer department over and above over and above its probable revenue for the ensuing fiscal year, which estimates said directors shall lay before council in May following. The Council council shall in the month of May, A. D. one thousand eight clude the hundred and eighty-seven (1887) and in every year thereafter, um s when determining the amount necessary to be raised on the raised for persons and estates in the city for public use, also include the sum necessary to be raised on the persons and estates for meeting and paying the probable expenses estimated and laid before council in manner aforesaid. The amount so deter- Amount mined upon shall be raised and collected and paid into the raised and city treasury as other taxes are raised, collected and paid to be paid into said treasury. At the time of making the annual appro- treasury, priation for public use, the council shall also make an appro- Council priation for the expenses of the said street and sewer depart- shall make ment equal in amount to that estimated in manner aforesaid tion for the and laid before said council by said directors. Provided, that street and the demand made by said directors for said department upon partment. council, shall not exceed eighty five thousand dollars, ($85,- Proviso 000.00) for the fiscal year, one thousand eight hundred and eighty-seven and eighty-eight, (1887-8) and the increase shall not for any succeeding fiscal year be greater than five per Increase centum additional upon the aggregate amount for the fiscal shall not year preceding. The amount of the appropriation for the than five current expenses of said board of street and sewer department per centum. so made by council, shall be paid in full on or before the first Amount to Saturday in August in the year A. D. 1887, and on or before When. the first Saturday in August in each year thereafter, by the city treasurer upon an order or orders drawn by the aforesaid board of directors under the hand of its president. The said Directors directors shall keep or cause to be kept, a full and true ac- an account count, in suitable books of all moneys coming into its posses- coming inte sion, and received by it and of all its expenditures according possession. to the provisions of any ordinance of the city now in force or of any rules and regulations hereafter to be passed by said board, and it shall keep or cause' to be kept, a full and shall keep true account in suitable books, of all labor performed or an materials or supplies furnished. be greater be paid. shall keep of money of all labor performed. point, em discharge SECTION 6. The directors of said street and sewer depart- Directors ment shall, at their discretion, appoint, employ and discharge may ap all officers, agents, ministers and servants necessary for the ploy and management and services of the duties imposed upon said officers and directors by this act, or by any laws, ordinances, rules or regulations appertaining to or affecting said duties; they shall determine the compensation to be paid to each one so em agents. mine compensation and shall OF THE CITY OF WILMINGTON. Shall deter- ployed and shall make all the needful rules and regulations to govern their own deliberations and for the observance of to be paid the officers, agents, ministers and servants by them employed, make rules and shall determine the penalty and condition of the bond or tions. bonds of such officers, agents, ministers and servants as are required by said directors to give bond. and regula May acquire real al estate. demn any sewer or with the plans of the SECTION 7. The said directors shall immediately after their organization resolve upon what in their judgment is the best plan for giving the citizens of Wilmington the most improved system of streets and sewers, and to this end may acquire by and person- contract or otherwise all such real and personal estate as said directors shall deem necessary, the title to any such real and per sonal estate to be vested in the mayor and council of Wilmington. Any sewer or sewerage system, drain or culvert, which said directors may deem injurious to the best interest of the city, or inconsistent with the plan of said department for a sewersewerage age system for said city, or which said directors may believe inconsistent should be controlled by the city through said department, department may after the said first day of July, A. D., one thousand eight hundred and eighty-seven (1887) be condemned in the same manner as land is now condemned for street purposes, except that said directors shall in such condemnation proceedThe rules ings act, instead of and be substituted for "The Council" and regu of said city; and the same laws, ordinances, rules and regulagoverning tions which now govern said council in such proceedings shall, after the time last aforesaid, apply to and govern said directors. After any sewer or sewerage system, drain or culvert, has been condemned as aforesaid, said department may use or discontinue the same, or make such other disposal thereof as in the judgment of its directors seem best. When a sewerage system for said city has been resolved upon, said department may fix rates, which those who connect their properties therewith shall be required to pay and said department may collect the same; it shall account to "The Council" for moneys thus received in the same manner as it is hereafter required to account for other moneys received and expended. lations Council in such cases to apply. May fix rates. count to Council. All work shall be let SECTION 8. The doing of all work and the furnishing of out to the all materials and supplies required by said street and sewer oder department shall be let out by the directors of said departException. ment to the lowest and best bidder, except in cases where, in lowest and the opinion of said directors, it is not practicable to do such work or furnish such materials and supplies by contract. |