ARTICLE X. - SEVERABILITY AND LAWS, ETC., SUPERSEDED


Sec. 10-100. - Severability.

It is the intention of the electors of Wilmington that if this Charter cannot take effect in its entirety because of the judgment of any court of competent jurisdiction holding invalid any part or parts thereof, the remaining provisions of the Charter shall be given full force and effect as completely as if the part or parts held invalid had not been included herein. It is the intention of the electors that if any court of competent jurisdiction shall hold invalid any provisions of this Charter transferring to an office, department, board or commission abolished by this Chapter, the provisions abolishing such office, department, board or commission shall thereby become inoperative, and that in such event, such office, department, board or commission shall not be abolished, but shall continue as prior to the adoption of this Charter. The remaining provisions of this Charter shall in any such case be given full force and effect.

Sec. 10-101. - Statutes and ordinances superseded.

It is the intention of the electors in adopting this Charter that it shall supersede all statutes or parts of statutes, local or special and all ordinances or regulations of the city, affecting the organization, government and powers of the city to the extent that they are inconsistent or in conflict with this Charter.

Sec. 10-102. - Statutes relating to indebtedness not superseded.

Except as otherwise specifically provided, this Charter does not supersede any statutes or parts of statutes relating to indebtedness.

Sec. 10-103. - Severability of 1979 reincorporation.

It is the intention of the electors of Wilmington that if the Wilmington Home Rule Charter of 1979 passed this day cannot take effect in its entirety because of the judgment of any court of competent jurisdiction holding invalid any part or parts thereof, the remaining provisions of this Charter shall be given full force and effect as completely as if the part or parts held invalid had not been included herein. It is the intention of the electors that if any court of competent jurisdiction shall hold invalid any provisions of this Charter transferring to any office, department, board or commission the power and duties heretofore exercised and performed by an officer, department, board or commission abolished by this Charter, the provisions abolishing such office, department, board or commission shall thereby become inoperative, and shall not be abolished, but shall continue as prior to the adoption of this Charter, as theretofore shall have appeared in the prior Charter, as amended to 1975. It is the further intention of the electors that if any court of competent jurisdiction shall hold invalid any other provisions of this Charter, then and in that event the provisions of the prior Charter, as amended to 1975, which would have been amended, shall continue, apply, govern or control as the case may be. The remaining provisions of this Charter shall in any such case be given full force and effect.