Sec. 2-31. - Number and boundaries of councilmanic districts.

There shall be eight councilmanic districts, each encompassing as nearly as possible a contiguous area in which is included as nearly as practicable an equal population distribution. For purposes of this section, all boundaries (as illustrated on maps that are on file in the city council's office) shall be considered as passing along the centerlines of the streets. The boundaries of the eight councilmanic districts shall be as follows:

(1)

First councilmanic district. The first councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerlines of 30^th Street and Washington Street; thence in a northwesterly direction along the centerline of 30^th Street and the extension of 30^th Street to its intersection with the center of the northwest boundary of the city; thence in a clockwise direction along such boundary to its intersection with the centerline of Northeast Boulevard; thence in a southwesterly and southerly direction along the centerline of Northeast Boulevard to its intersection with the centerline of 26^th Street; thence in a westerly direction along the centerline of 26^th Street to its intersection with the centerline of Market Street; thence in a northerly direction along the centerline of Market Street to its intersection with the centerline of 27^th Street; thence in a westerly direction and a northwesterly direction along the centerline of 27^th Street to its intersection with the centerline of Washington Street; thence in a northerly direction along the centerline of Washington Street to its intersection with the centerline of 30^th Street which is the point and place of beginning.

(2)

Second councilmanic district. The second councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerline of Market Street and the centerline of Brandywine Creek; thence in a northwesterly direction along the center of Brandywine Creek in it various courses to its intersection with the northwestern boundary of the city; thence in a northeasterly direction along such boundary to its intersection with the centerline of 30^th Street extended to a point where it meets the city boundary; thence in a southeasterly direction along the centerline of 30^th Street extended and the centerline of 30^th Street to its intersection with the centerline of Washington Street; thence in a southwesterly direction along the centerline of Washington Street to its intersection with the centerline of 27^th Street; thence in a southeasterly direction along the centerline of 27^th Street to its intersection with the centerline of Market Street; thence in a southwesterly direction along the centerline of Market Street to its intersection with the center of Brandywine Creek which is the point and place of beginning.

(3)

Third councilmanic district. The third councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerlines of Walnut Street and Ninth Street; thence in a northerly direction along the centerline of Walnut Street to its intersection with the centerline of 15^th Street; thence in a westerly direction along the centerline of 15^th Street to its intersection with the centerline of Market Street; thence in a generally northeasterly direction along the centerline of Market Street to its intersection with the centerline of 26^th Street; thence in an easterly direction along the centerline of 26^th Street to its intersection with the centerline of Northeast Boulevard; thence in a northerly and northeasterly direction along the centerline of Northeast Boulevard to its intersection with the northern boundary of the city; thence in a clockwise direction along the northern and eastern boundary of the city to its intersection with the centerline of the Christina River, extended; thence westerly along the extended centerline and centerline of the Christina River by its various courses to its intersection with the extended centerline of East Fourth Street; thence in a westerly direction along the centerline of East Fourth Street to its intersection with the centerline of the Amtrak right-of-way to its intersection with the center of the extension of Ninth Street; thence in a westerly direction along the centerline of the extension of Ninth Street and the centerline of ninth Street to its intersection with the centerline of Walnut Street which is the point and place of beginning.

(4)

Fourth councilmanic district. The fourth councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the southern boundary of the city and the centerline of I-95; thence in a northerly direction along the centerline of I-95 to its intersection with the centerline of Maryland Avenue; thence in a northerly direction along the centerline of Maryland Avenue to its intersection with the centerline of N. Madison Street; thence in a northerly direction along the centerline of N. Madison Street to its intersection with the centerline of 2nd Street; thence in an easterly direction along the centerline of 2nd Street to its intersection with the centerline of West Street; thence in a northerly direction along the centerline of West Street to its intersection with the centerline of Eighth Street; thence in a westerly direction along the centerline of Eighth Street to its intersection with the centerline of Adams Street; thence in a northerly direction along the centerline of Adams Street and Adams Street extended to its intersection with the centerline of the Brandywine Creek; thence in a southeasterly direction along the center of the Brandywine Creek in its various courses to its intersection with the centerline of Washington Street; thence in an easterly and northeasterly direction along the centerline of Washington Street to its intersection with the centerline of 20^th Street; thence in a southeasterly direction along the centerline of 20^th Street to its intersection with the centerline of Market Street; thence in a southwesterly and southerly direction along the centerline of Market Street to its intersection with the centerline of 15^th Street; thence in an easterly direction along the centerline of 15^th Street to its intersection with the centerline of Walnut Street; thence in a southerly direction along the centerline of Walnut Street to its intersection with the centerline of Ninth Street; thence in an easterly direction along the centerline of Ninth Street and the extension of Ninth Street to its intersection with the center of the Amtrak right-of-way; thence in a southerly direction along the centerline of the Amtrak right-of-way to its intersection with Fourth Street; thence in an easterly direction along the centerline of Fourth Street extended to its intersection with the centerline of the Christina River; thence in an easterly direction along the centerline of the Christina River by its various courses to its intersection with the eastern boundary of the city; thence in a clockwise direction along such boundary and the southern boundary of the city to the point and place of beginning.

(5)

Fifth councilmanic district. The fifth councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerlines of Lancaster Avenue and Union Street; thence in a northerly direction along the centerline of Union Street to its intersection with the centerline of Second Street; thence in a easterly direction along the centerline of Second Street to its intersection with the centerline of Broom Street; thence in a northerly direction along the centerline of Broom Street to its intersection with the centerline of Eighth Street; thence in a westerly direction along the centerline of Eighth Street to its intersection with the centerline of Clayton Street; thence in a northerly direction along the centerline of Clayton Street to its intersection with the centerline of Ninth Street; thence in an westerly direction along the centerline of Ninth Street to its intersection with the centerline of Scott Street; thence in a northerly direction along the centerline of Scott Street to its intersection with the centerline of 11th Street; thence in an easterly direction along the centerline of 11th Street to its intersection with the centerline of Broom Street; thence in a southerly direction along the centerline of Broom Street to its intersection with the centerline of Tenth Street; thence in an easterly direction along the centerline of Tenth Street to its intersection with the centerline of I-95; thence in a southerly direction along the centerline of I-95 to its intersection with the centerline of Eighth Street; thence in an easterly direction along the centerline of Eighth Street to its intersection with the centerline of West Street; thence in a southerly direction along the centerline of West Street to its intersection with the centerline of Second Street; thence in a westerly direction along the centerline of Second Street to its intersection with the centerline of Madison Street; thence in a southerly direction along Madison Street to its intersection with the centerline of Lancaster Avenue; thence in a westerly direction along the centerline of Lancaster Avenue to its intersection with the centerline of Union Street which is the point and place of beginning.

(6)

Sixth councilmanic district. The sixth councilmanic district shall comprise all of that portion of the city bounded by a line beginning at the intersection of the centerlines of Union Street and Lancaster Avenue; thence in an easterly direction along the centerline of Lancaster Avenue to its intersection with the centerline of I-95; thence in a southerly direction along the centerline of I-95 in its various courses to its intersection with the southern boundary of the city; thence in a generally clockwise direction along such boundary by its various courses to its intersection with the centerline of Union Street; thence in a northeasterly and northerly direction along the centerline of Union Street to its intersection with the centerline of Lancaster Avenue which is the point and place of beginning. All that certain piece, parcel or lot of land situate in Christiana Hundred, New Castle County and State of Delaware known as 1000 South Madison Street, being Tax Parcel No. 07-044.10-002 and being more particularly bound and described as follows, to wit:

*BEGINNING as a point in the Southwesterly end of South Madison Street, a corner for this parcel and lands now or formerly of Harbor Associates, Tax Parcel No. 26-049.00-022 said point of Beginning also being in the Division Line between the City of Wilmington and Christiana Hundred, said point of Beginning being distant the following four courses and distances from the point of intersection of the centerline of Marsh Road (at 33 feet wide) with the Northerly side of the abandoned right-of-way of the Baltimore and Philadelphia Railroad; (1) N 82º09'00" W., 30.02 feet to a point in the Northwesterly side of South Madison Street (formerly known as Marsh Road); (2) Thence thereby, S 05º44'30" W. 78.70 feet to a point; (3) S 08º52'30" W., 298.39 feet to a point in the Southerly end of South Madison Street; (4) Thereby, S 27º17'30" E., 88.11 feet to the point of beginning;

THENCE from said point of beginning, but the Southwesterly end of South Madison Street, S 27º17'30" E., 13.56 feet to a point a center for Lands now or formerly of Ahmad E. Amer (Tax Parcel No. 26-049.00-003);

THENCE thereby and by the division line between the City of Wilmington and Christiana Hundred, S 27º17'30" E., 585.21 feet to a point in the bank of the Christina River;

THENCE thereby, S 11º51'30" W., 725.39 feet to a point;

THENCE S 46º40'30" E., 54.10 feet to a point in the low watermark of the Christina River;

THENCE thereby the following two courses and distances:

S 00º25'00" W., 93.64 feet to a point; (2) S 02º17'15" E., 77.88 feet to a point, a corner for other Lands now or formerly of Harbor Associates; (Tax Parcel No. 26-049.00-016);

THENCE thereby and by the division line between the City of Wilmington and Christiana Hundred, the following twelve courses and distances;

(1) N 89º01'00" W., 62.53 feet to a point; (2) S 02º17'15" E., 32.00 feet to a point;

(3) N 89º01'00" W., 54.00 feet to a point; (4) N 64º05'30" W., 34.97 feet to a point; (5) N 89º01'00" W., 395.64 feet to a point in the Southeasterly side of a 40-foot easement; (6) Thereby, N 01º01'30" E., 324.18 feet to a point; (7) S 88º58'30" E., 13.56 feet to a point; (8) N 01º01'30" E., 183.64 feet to a point; (9) By the arc of a curve to the right having a radius of 67.24 feet; an arc distance of 12.98 feet to a point of tangency; the chord of said curve being N 43º35'07" E., 12.96 feet; (10) N 49º07'00" E., 255.72 feet to a point of curve of a curve to the left having a radius of 121.89 feet; (11) By said curve to the left an arc distance of 85.61 feet to a point of tangency; the chord of said curve being N 28º59'45" E., 83.86 feet; (12) N 08º52'30" E., 584.83 feet to a point, a corner for Lands now or formerly of Harbor Associates (Tax Parcel No. 26-049.00-022);

THENCE thereby and by the Southeasterly side of the 40-foot easement and by the division line between the City of Wilmington and Christiana Hundred, N 08º52'30" E., 124.56 feet to the point and place of beginning.

CONTAINING within said bounds 12.168 acres to be the same more or less.

(7)

Seventh councilmanic district. The seventh councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerlines of 2^nd Street and Union Street; thence in a southerly and southwesterly direction along the centerline of Union Street to its intersection with the western boundary of the city; thence in a clockwise direction along such boundary to its intersection with the centerline of Greenhill avenue at Seventh Street; thence continuing in an easterly direction along the centerline of Seventh Street to its intersection with the centerline of Woodlawn Avenue; thence in a northerly direction along the centerline of Woodlawn Avenue to its intersection with the centerline of Pennsylvania Avenue; thence in an easterly direction along the centerline of Pennsylvania Avenue to its intersection with the centerline of Pasture Street; thence in a southerly direction along the centerline of Pasture Street to its intersection with the centerline of 11^th Street; thence westerly along the centerline of 11^th Street to its intersection with the centerline of Scott Street; thence in a southerly direction along the centerline of Scott Street to its intersection with the centerline of Ninth Street; thence in an easterly direction along the centerline of Ninth Street to its intersection with the centerline of Clayton Street; thence in a southerly direction along the centerline of Clayton Street to its intersection with the centerline of Eighth Street; thence in an easterly direction along the centerline of Eighth Street to its intersection with the centerline of Broom Street; thence in a southerly direction along the centerline of Broom Street to its intersection with the centerline of Second Street; thence in a westerly direction along the centerline of Second Street to its intersection with the centerline of Union Street, which is the point and place of beginning.

(8)

Eighth councilmanic district. The eighth councilmanic district shall comprise all that portion of the city bounded by a line beginning at the intersection of the centerlines of Woodlawn Avenue and Seventh Street; thence in a westerly direction along the centerline of Seventh Street to its intersection with Greenhill Avenue and the western boundary of the city; thence in a clockwise direction along such boundary to its intersection with the center of Brandywine Creek; thence in a northeasterly and easterly direction along the center of Brandywine Creek in its various courses to its intersection with the extension of the centerline of Adams Street; thence in a southwesterly and southerly direction along the centerline of the extension of Adams Street and the centerline of Adams Street to its intersection with the centerline of Tenth Street; thence in a westerly direction along the centerline of Tenth Street to its intersection with the centerline of Broom Street; thence in a northerly direction along the centerline of Broom Street to its intersection with the centerline of 11^th Street; thence in a westerly direction along the centerline of 11^th Street to its intersection with the centerline of Pasture Street; thence in a northerly direction along the centerline of Pasture Street to its intersection with the centerline of Pennsylvania Avenue; thence in a westerly direction along the centerline of Pennsylvania Avenue to its intersection with the centerline of Woodlawn Avenue; thence in a southerly direction along the centerline of Woodlawn Avenue to its intersection with the centerline of Seventh Street, which is the point and place of beginning.

(Ord. No. 91-055(sub 1), § 1(19-11), 8-15-91; Ord. No. 97-108, § 2, 2-19-98; Ord. No. 01-063(sub 1), § 1, 8-23-01; Ord. No. 05-024, § 3, 6-2-05; Ord. No. 11-035, § 1, 9-1-11)

State law reference— Councilmanic districts, § 2-102.

Sec. 2-32. - Redistricting after census; committee procedures; implementation.

(a)

This section is enacted in order to establish procedures to fulfill the requirements of section 2-102 of the city charter, which sets forth the mandatory duty of the city council to redistrict the city into eight councilmanic districts within six months after the date of publication by the United States Census Bureau of the population of the city at each decennial census, so that each of the council districts shall contain as nearly as practicable a population derived by dividing the population of the city by a factor of eight. In formulating the redistricting plan, the city council's redistricting committee, comprised of the president of council and six members appointed by the president of council, shall convene, on or before July 1 following the official reporting of the 1990 Federal Decennial Census by the U.S. Census Bureau to the state, and on or before July 1, in every tenth year thereafter, in order to commence the redistricting process. The committee thereafter shall prepare and file with the city clerk a report containing a recommended plan for adjusting the councilmanic district boundaries of districts one through eight to comply with the following specifications:

(1)

Each district shall contain contiguous territories; and

(2)

Each district shall contain as nearly as possible the same number of persons with no aggregate diversion in population more than ten percent from the average population for all districts, the average to be obtained by dividing the number eight into the total population of the city according to that federal decennial census so published.

(b)

The report of the committee, which may include a report of a minority of its members, shall include a map and a description of each of the councilmanic districts as recommended in a plan and shall be in the form of a proposed ordinance. As filed with the city clerk, the report in ordinance form may be introduced by any council member at the next immediate meeting of the council. The committee shall conduct at least one public hearing, to be duly advertised in a newspaper of general circulation in the city, about the report following the filing of the report and prior to enactment of a redistricting ordinance. Any such ordinance shall comply with the requirements of and be subject to the provisions of section 2-201 of the city charter. The redistricting ordinance shall be enacted on or before the end of the six-month period following the date of publication of the census, as provided in section 2-102 of the city charter.

(c)

The committee shall designate staff to be responsible for obtaining necessary statistical information and to coordinate the redistricting process. In doing so, staff shall coordinate such efforts with the planning department and the city solicitor's office for statistical and legal assistance.

(1)

The committee may engage such consultants as it deems necessary for technical or legal assistance in the redistricting process to the extent feasible and appropriate.

(2)

The committee shall maintain complete records of the redistricting process. Its meetings and hearings shall be recorded and, if practicable, transcribed. All written reports, correspondence, exhibits, and work papers shall be carefully labeled, filed, and retained for reference when, as and if necessary.

(d)

The committee shall obtain accurate maps of the city, the city council districts and census tracts as necessary. If deemed necessary, the committee shall obtain maps from the United States Bureau of Census depicting the bureau's geographic areas for the county and city political subdivisions.

(e)

The committee shall obtain United States Bureau of Census Population Tabulations as provided for the census bureau geographic areas.

(f)

The committee may prepare or cause to be prepared, graphic depictions of existing city council district boundaries on census bureau maps in order to determine the census geographic areas within each councilmember's district. If the population tabulations are available by election district, such graphic depiction of existing council districts may be done on a map of election districts instead of census geographic areas. Maps of the city council districts shall be used in conjunction with census maps to ensure accuracy in locating the boundaries of existing council districts.

(g)

The committee shall prepare, or cause to be prepared, the tabulations of population statistics for the existing city council districts in order to determine the degree of disparity, if any, in population among the existing council districts and the racial and ethnic composition of each council district.

(h)

The committee shall review the results of the tabulations pursuant to subsection (g) of this section and, in its consideration of those tabulations in light of state and federal requirements concerning equality in population of districts, make a determination and recommendation whether redistricting is required. If redistricting is deemed necessary and is recommended, city council shall redistrict the city in accordance with state and federal law as applicable, and the requirements of the city charter.

(i)

The committee shall schedule a public comment period of not less than seven calendar days, but not more than 15 calendar days during which the committee, in its determinations, may receive from citizens or nonprofit organizations such plans, reports and recommendations as they may wish to make available to the council. In reviewing such plans, the council may conduct hearings, make findings, and recommendations. In its consideration of any alternative plans, the council may reject such plans that are not prepared in accordance with the requirements of law regarding maps and appropriate statistical information.

(j)

The committee may adopt such rules as it deems necessary for the conduct of its deliberations.

(k)

The city council shall adopt a redistricting ordinance after the report of the redistricting committee has been filed with the city clerk, provided that, even if there has been more than one report prepared and more than one ordinance introduced, the council shall enact one redistricting ordinance prior to the expiration of six months from the date of publication of the decennial census. The redistricting ordinance shall then include the boundaries of districts one through eight until the next redistricting in accordance with the provisions of this section and the city charter.

(Ord. No. 91-040(sub 1), § 1(19-11.1), 6-20-91; Ord. No. 93-023, § 1, 5-13-93)

Sec. 2-32.1. - Census 2000 complete count committee.

(a)

There is hereby created a city council committee, known as the census 2000 complete count committee, to provide assistance to the representatives of the U.S. Census Bureau in the conduct of the decennial census in order to assure an accurate census count.

(b)

The membership of the census 2000 complete count committee shall be comprised of the seven members of council appointed by the president of council and function in accordance with applicable recommendations of the U.S. Census Bureau and U.S. Census 2000.

(Ord. No. 99-020(sub 1), § 1, 4-8-99)

Sec. 2-33. - Storage of tapes of council meetings.

The video tapes of all regular city council meetings, and of any special meetings of city council, which are prepared in connection with the telecast of council meetings live and for retelecast, shall be collected, maintained and stored in suitable locations, with appropriate safeguards for their preservation to be taken by the office of cable and communications in accordance with the records retention schedule approved by the state archives under applicable state law. The collection and storage of such video tapes is for historical purposes, for use in orientation and training of new city council members, and for educational purposes in connection with local high school and university student programs. The provisions of this section shall be applicable to all video tapes of city council meetings that are extant as of September 19, 1991 as well as prospectively after October 4, 1991.

(Ord. No. 91-066, § 1(20-5.9), 10-3-91)

State law reference— Public records, 29 Del. C. § 501 et seq.

Sec. 2-34. - Procedures to fill city council vacancies.

The city council hereby establishes the following procedures by which a person is appointed by resolution to fill a city council vacancy:

The president of city council shall appoint the members of a special committee consisting of five members of city council; one member shall be the president who shall serve as its chair. The special committee shall be charged with selecting a candidate to fill the council vacancy in accordance with the requirements outlined in the City Charter section 2-101.

(1)

The special committee shall:

a.

Accept recommendations from members of council;

b.

Recommend a person by majority vote of the members of the special committee;

c.

Follow the requirements for appointment of a person to fill a council vacancy, pursuant to the City Charter.

(2)

The vacancy shall be certified by resolution.

(3)

The special committee shall propose by resolution its recommendation of a person to fill the vacancy for vote by the full city council. The resolution must be approved by a majority vote of all the members of city council.

(Ord. No. 06-066, § 1, 10-19-06)

Secs. 2-35—2-55. - Reserved.