ARTICLE I. - INCORPORATION; POWERS OF CITY GENERALLY


Sec. 1-100. - Incorporation.

The inhabitants of the City of Wilmington, within the corporate limits as now established in 40 Delaware Laws, Chapter 179, as amended by 46 Delaware Laws, Chapter 236, or as hereinafter established in the manner provided by law, shall continue to be a municipal corporation and body politic under the style and name of "The City of Wilmington," and shall hereinafter be referred to as the "city."

Sec. 1-101. - Powers of the city—Generally.

Pursuant to 22 Del. C. ch. 8 (53 Delaware Laws, Chapter 260), the city shall have and exercise all express and implied powers and authority of local self-government and home rule, which, under the Delaware Constitution, it would be competent for the General Assembly to grant to the city by specific enumeration and which are not denied by general statute; and the city shall have complete powers of legislation and administration in relation to its municipal functions, including any additional powers and authority which may hereafter be granted to it. The city shall have the power to enact ordinances and to make rules and regulations necessary and proper for carrying into execution of any of its express or implied powers; and such ordinances, rules and regulations may be made enforceable by the imposition of fines, forfeitures, penalties and imprisonment. The city may acquire, hold, manage and dispose of property and provide municipal services on such terms as it deems proper within or without its corporate limits for any municipal function. Any enumeration of particular powers in this Charter shall not be deemed to be exclusive, and the powers of the city under this Charter shall be construed liberally in favor of the city.

Sec. 1-102. - Same—Legislative power.

The legislative power of the city, including any such power which may hereafter be conferred on the city by amendment of the Delaware Constitution or by the laws of the State of Delaware, shall be exclusively vested in and exercised by a council, subject only to the provisions of this Charter. The council shall be elected, shall organize and shall function as provided in this Charter.

Sec. 1-103. - Same—Executive and administrative power.

(1)

The executive and administrative power of the city shall be exclusively vested in and exercised by a mayor and such other officers, departments, boards and commissions as are authorized and designated in this Charter or, except for the offices of city solicitor, city treasurer and city auditor, as ordained from time to time by council. The mayor and other executive or administrative officers shall be elected or appointed as provided in this Charter.

(2)

Any additional executive and administrative power which may be conferred on the city by amendment of the Delaware Constitution or by the laws of the State of Delaware, or any additional function assumed by the city as within its existing executive and administrative powers, shall be vested in and exercised by the mayor and, as far as practicable, by the officers, departments, boards and commissions designated in this Charter or by council. The council shall by ordinance distribute among such officers, departments, boards and commissions such new powers, functions and duties, but to the extent that this is not practicable, it may create additional offices, boards, departments and commissions for the exercise of such powers and the performance of such duties, and provide for the appointment of new officers or members of the new boards, departments or commissions. Any such additional offices, boards, departments and commissions shall in all respects be subject to this Charter. In case of new officers whose primary duties are to assist the courts, the appointive power may be vested in the judges thereof; and if the primary duties of any new board or commission relate to the functions of any department, such board or commission shall be constituted a departmental board or commission within such department.

Sec. 1-104. - Intergovernmental relations.

The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, including counties, or the United States or any agency thereof.