22 Del. C. § 1904 — Delaware Code / Title 22 / Chapter 19 / Subchapter I / Section 1904
§ Â
        1904. Review and approval of applications.
Status: repealed

(a) Applications for corridor or district designation must be evaluated by the Cabinet Committee on State Planning Issues, which shall recommend to the Governor those applications with the greatest potential for accomplishing the purposes of this chapter.

(b) On receipt from the Committee of any recommended application, the Governor may do any of the following

(1) Designate immediately the recommended area as a corridor or district.

(2) Designate the recommended area as a corridor or district effective 1 year from the date of the determination by the Governor.

(3) Deny the application.

(c) [Repealed.]
22 Del. C. § 330 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 330
§ Â
        330. Hearing on appeal.
Status: in_force

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
22 Del. C. § 1104 — Delaware Code / Title 22 / Chapter 11 / Section 1104
§ Â
        1104. Certification.
Status: in_force

At the time of certification provided in § 8314 of Title 9, the board of assessment or board of assessment review shall certify the total assessed valuation for properties in the municipality to each municipality which shall have theretofore furnished the notice provided for in § 1102 of this title.
22 Del. C. § 1901 — Delaware Code / Title 22 / Chapter 19 / Subchapter I / Section 1901
§ Â
        1901. Purpose.
Status: in_force

Healthy and vibrant downtowns are critical components of Delaware’s economic well-being and quality of life. The purpose of this chapter is to leverage the resources of state government in a limited number of designated areas in Delaware’s cities, towns, and unincorporated areas in a multifaceted effort to:

(1) Spur private capital investment in commercial business districts and surrounding neighborhoods;

(2) Stimulate job growth and improve the commercial vitality of such districts and neighborhoods;

(3) Help build a stable community of long-term residents in such districts and neighborhoods by improving housing opportunities for persons of all incomes and backgrounds; increasing homeownership rates; building a diverse array of successful businesses; and reducing the number of vacant houses; and

(4) Help strengthen neighborhoods, while harnessing the attraction that vibrant downtowns hold for talented young people, innovative small businesses, and residents from all walks of life.
22 Del. C. § 101 — Delaware Code / Title 22 / Chapter 1 / Section 101
§ Â
        101. Annexation by city or town.
Status: in_force

Any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, except any proposed annexation that has been submitted to the Office of State Planning Coordination prior to July 13, 2001, for review, shall conform to the following provisions:

(1) All annexations must be consistent with the most recently adopted municipal comprehensive plan meeting the requirements of Chapter 7 of this title. The area or areas being considered must be depicted as area or areas for future annexation on the adopted plan. If a municipality does not have an adopted comprehensive plan, or if its adopted comprehensive plan does not depict areas for future annexation, it shall prepare and adopt a plan or plan amendment within 12 months of July 13, 2001. The municipality shall not approve any annexations until such plan or plan amendment is adopted, notwithstanding any other charter provisions; except that during the 12-month period a municipality may consider an annexation of already developed parcels where the proposed use or uses will not change from that currently authorized in the adjacent jurisdiction and where the primary purpose of the annexation is to address existing public health or safety issues such as, but not limited to, failing on-site wastewater disposal systems or contaminated or inadequate drinking water. In such cases, paragraphs (2) through (5) of this section shall not apply.

(2) Anything in this chapter or in any municipal charter notwithstanding, a municipal corporation shall have the ability to annex a parcel only if and to the extent that such parcel is contiguous with existing municipal boundaries. “Contiguous” means that a part of the boundary of the parcel sought to be annexed by a municipal corporation is conterminous with a part of the boundary of the municipal corporation. The separation of the parcel sought to be annexed from the annexing municipal corporation by (i) a right of way for a highway, road railroad, canal or utility, or (ii) a body of water or watercourse, running parallel with and between the parcel sought to be annexed and the annexing municipality shall not prevent annexation pursuant to this section; provided, however, that nothing herein shall be construed to allow rights of way, utility easements, waterways or like entities to be annexed in corridor fashion or to be utilized as a corridor route for annexation to gain contiguity.

(3) A city or town shall prepare a plan of services indicating those services it expects to provide to the newly annexed area, how such services will be provided, and the fiscal and operating capabilities of the municipality to provide such services. Should any services be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission, the written comments of such provider on the provider’s ability to provide the necessary services for the proposed annexation shall be obtained and included in the plan of services. The study shall be conducted in accordance with standards or criteria established by the Cabinet Committee on State Planning Issues as administered by the Office of State Planning Coordination.

(4) At the time of annexation the jurisdiction shall by ordinance rezone the area being annexed to a zoning classification consistent with the adopted comprehensive plan or development strategy.

(5) A municipality proposing annexation must fully comply with the provisions of Chapter 92 of Title 29 as to state notice, and must demonstrate that it has notified all other affected jurisdictions, conducted a public hearing, and provided a comment period of at least 30 days before formal annexation. The city or town proposing annexation shall file with the State Office of Planning Coordination any written comments received concerning such proposed annexation together with any response or responses thereto.

(6) The Office of State Planning Coordination. shall establish a mechanism for resolving disputes between jurisdictions regarding annexations. The mechanism developed by the Office of State Planning Coordination shall address:

a. Determination of how the costs for the dispute resolution process are born among the parties;

b. Timeline for the dispute resolution process; and

c. Extent to which the dispute resolution process will be enforceable.
22 Del. C. § 1713 — Delaware Code / Title 22 / Chapter 17 / Section 1713
§ Â
        1713. TIF District consistency with certified comprehensive plan.
Status: in_force

The use of lands in a TIF District shall be consistent with the Comprehensive Plan for the area as certified pursuant to § 9103(f) of Title 29.
22 Del. C. § 323 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 323
§ Â
        323. Rules; meetings; administration of oaths; records.
Status: in_force

The board of adjustment shall adopt rules in accordance with any ordinance adopted pursuant to this chapter. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in the chairperson’s absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
22 Del. C. § 1805 — Delaware Code / Title 22 / Chapter 18 / Section 1805
§ Â
        1805. Special fund.
Status: in_force

(a) By resolution, the governing body of the municipality may:

(1) Designate by resolution an area or areas within the municipality as a special development district even though no bonds authorized by this chapter have been issued by the municipality with respect to that special development district or are then outstanding;

(2) Subject to subsection (b) of this section, adopt a resolution creating a special fund with respect to the special development district; and

(3) Provide for the levy of an ad valorem or special tax on all real property within the special development district at a rate or amount designed to provide adequate revenues to pay the principal of, interest on, and redemption premium, if any, on the bonds, to replenish any debt service reserve fund, for any other purpose related to the ongoing expenses of or security, including debt service coverage requirements, for the bonds, or to secure payment by the municipality of its obligations under an agreement described in § 1802(b)(3) of this title. Ad valorem taxes shall be levied in the same manner, upon the same assessments, for the same period or periods, and as of the same date or dates of finality as are now or may hereafter be prescribed for general ad valorem real property tax purposes within the district, and shall be discontinued when all of the bonds have been paid in full. Special taxes shall be levied pursuant to § 1813 of this title.

(b) The resolution creating a special fund under paragraph (a)(2) of this section shall:

(1) Pledge to the special fund the proceeds of the ad valorem or special tax to be levied as provided under paragraph (a)(3) of this section; and

(2) Require that the proceeds from the tax be paid into the special fund.
22 Del. C. § 1707 — Delaware Code / Title 22 / Chapter 17 / Section 1707
§ Â
        1707. Resolution creating special fund.
Status: in_force

The governing body of any municipality may adopt a resolution creating a special fund with respect to a TIF District, even though no bonds authorized by this chapter have been issued by such municipality with respect to that TIF District or are then outstanding. The taxes allocated to such special fund by § 1706(3)b. or c. of this title shall thereafter be paid over to such special fund, as long as such resolution remains in effect.
22 Del. C. § 1309 — Delaware Code / Title 22 / Chapter 13 / Section 1309
§ Â
        1309. Regulation.
Status: in_force

Except as otherwise provided in §§ 201, 203A and 203B of subchapter II of Title 26, the Delaware Public Service Commission shall have no supervision or regulation over any municipal electric company formed pursuant to this chapter or over the budget, operations, rates, property, property rights, equipment, facilities or franchises of any municipal electric company formed under this chapter.
22 Del. C. § 328 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 328
§ Â
        328. Appeal to Superior Court from boardâs decision.
Status: in_force

(a) Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department, board or bureau of the municipality may present to the Superior Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days after the filing of the decision in the office of the board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than 10 days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
22 Del. C. § 1907 — Delaware Code / Title 22 / Chapter 19 / Subchapter I / Section 1907
§ Â
        1907. Amendments to corridor or district boundaries and incentives.
Status: in_force

A municipality or county may apply to the Office to amend the boundaries of a corridor or district or to amend 1 or more corridor or district incentives for a corridor or district designated by the municipality or county, if any revised incentive proposed by the municipality or county is equal or superior to the incentive for which the amendment is sought. All proposed amendments are subject to approval by the Committee.
22 Del. C. § 108 — Delaware Code / Title 22 / Chapter 1 / Section 108
§ Â
        108. Ambulance, fire and police services.
Status: in_force

Where an area of real property owned by a municipality is bounded by a wall, fence or other structure which has gates or other lockable entrances, the municipality shall notify those public agencies within the municipality which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the municipality to the ambulance, fire company and police department which is closest to the enclosed area. For purposes of this section, the words “real property” shall include all unimproved land only and shall not include buildings.
22 Del. C. § 1708A — Delaware Code / Title 22 / Chapter 17 / Section 1708A
§ Â
        1708A. Pledge of revenue from taxes on tax increment into other fund.
Status: in_force

The municipality may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall be paid into a special fund created by an issuing body for the payment or reimbursement of the debt service on other obligations. Such agreement shall be between the municipality and such issuing body and shall run to the benefit of and be enforceable on behalf of any holder of such other obligations.
22 Del. C. § 835 — Delaware Code / Title 22 / Chapter 8 / Subchapter VI / Section 835
§ Â
        835. Amendments prohibited.
Status: in_force

(a) This chapter shall not permit the amending of a municipal charter so as to:

(1) Permit the changing of any term of any elected official until the incumbent has completed the term to which the incumbent was elected;

(2) Permit any charter amendment in contravention of any general statute of this State;

(3) Change the qualifications of those entitled to vote at municipal elections;

(4) Change the date for holding of municipal elections;

(5) Enlarge or otherwise alter the power or procedure whereby a municipal corporation may enlarge its boundaries;

(6) Prohibit, restrict or license ownership, transfer, possession or transportation of firearms or components of firearms or ammunition, except that the discharge of a firearm may be regulated; provided that any regulation or ordinance incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate existing municipal ordinances.

(b) No municipal corporation charter which permits nonresident persons to vote in any municipal election or to hold any municipal office shall be amended, pursuant to this chapter, so as to eliminate or limit the right of nonresident persons to vote or hold office, nor shall the percentage of nonresident officials allowed or required be changed.

(c) No municipal corporation charter which provides a method of appeal to the Superior Court for any matter shall be amended, pursuant to this chapter, so as to eliminate or restrict any such appeal.
22 Del. C. § 709 — Delaware Code / Title 22 / Chapter 7 / Section 709
§ Â
        709. Entry upon lands; making examinations and surveys.
Status: in_force

Planning commissions established under this chapter, their officers and agents may, so far as they deem it necessary in carrying out this chapter, enter upon any lands and there make examinations and surveys and place and maintain monuments and marks.
22 Del. C. § 118 — Delaware Code / Title 22 / Chapter 1 / Section 118
§ Â
        118. Limitation on residency and location restrictions for sex offenders.
Status: in_force

No municipality of this State shall enact or enforce any law, ordinance, or regulation prohibiting or restricting the residency or movements of persons deemed to be a sex offender pursuant to § 4121 of Title 11 that is more restrictive than the requirements imposed by § 1112 of Title 11.
22 Del. C. § 1906 — Delaware Code / Title 22 / Chapter 19 / Subchapter I / Section 1906
§ Â
        1906. Local incentives.
Status: in_force

(a) A municipality or unincorporated area applying for district designation, or municipality applying for a corridor designation, shall propose local incentives that address local economic and community conditions, and that will help achieve the purposes set forth in § 1901 of this title. The local incentives may include a reduction in fees or taxes. In addition, the application may also contain proposals for regulatory flexibility, which may include permit process reforms, special zoning districts, or exemptions from local ordinances.

(b) All incentives proposed in the application are binding on a municipality or unincorporated area applying for district designation, or municipality applying for a corridor designation, on designation of the corridor or district. The extent and duration of the incentives must be consistent with the requirements of the Delaware Constitution and the United States Constitution.

(c) A municipality or county may establish eligibility criteria for local incentives that differ from the criteria required to qualify for the incentives provided in this chapter.
22 Del. C. § 1816 — Delaware Code / Title 22 / Chapter 18 / Section 1816
§ Â
        1816. Limitation on ad valorem or special taxes within a special development district.
Status: in_force

The levy of an ad valorem or special tax pursuant to § 1802(a) or § 1813(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § 8101(e) of Title 9 owned or leased by a “public utility” as defined in § 102 of Title 26.
22 Del. C. § 708 — Delaware Code / Title 22 / Chapter 7 / Section 708
§ Â
        708. Reference of certain matters to planning commission.
Status: in_force

In a city or town having a planning commission established under this chapter, but which has not adopted an official map, no public way shall be laid out, altered, relocated or discontinued unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning commission of such city or town and such commission has reported thereon or has allowed 45 days to elapse after such reference without submitting its report. Any city or town having a planning commission established under this chapter may, by ordinance, bylaw or vote, provide for the reference of any other matter or class of matters to the planning commission before final action thereon with or without provision that final action shall not be taken until the planning commission has submitted its report or has had a reasonable fixed time to submit such report. Such planning commission shall have full power to make such investigations, maps and reports and recommendations in connection therewith, relating to any of the subjects referred to under this section, as it deems desirable.
22 Del. C. § 1001 — Delaware Code / Title 22 / Chapter 10 / Section 1001
§ Â
        1001. Definitions.
Status: in_force

As used in this chapter:

(1) “Income” means all income from whatever source derived including, but not limited to, realized capital gains and, in their entirety, pension, annuity, retirement and social security benefits.

(2) “Income tax year” means the 12-month period for which the property owner files a federal personal income tax return or, if no such return is filed, the calendar year.

(3) “Municipality” means any incorporated town or city of this State.

(4) “Resident” means one legally domiciled within the municipality for the period required by this chapter. Mere seasonal or temporary residence within the municipality, of whatever duration, shall not constitute domicile within the municipality for the purposes of this chapter. Absence from the municipality for a period of 12 months shall be prima facie evidence of abandonment of domicile in the municipality. The burden of establishing legal domicile within the municipality shall be upon the property owner.
22 Del. C. § 1921 — Delaware Code / Title 22 / Chapter 19 / Subchapter II / Section 1921
§ Â
        1921. Qualifications for Downtown Development Corridor and Downtown Development District Grants; definitions.
Status: in_force

(a) Subject to the limitations set forth in this subchapter, any qualified corridor or district investor making a qualified real property investment in a corridor or district is entitled to a grant in an amount up to 20% of the qualified real property investments made by the qualified corridor or district investor in excess of the minimum qualified investment threshold.

(b) For purposes of this subchapter:

(1) “DDC Grant,” “DDD Grant, or grant” means a Downtown Development Corridor or Downtown Development District Grant under subsection (a) of this section.

(2) “Facility” means a complex of buildings, co-located at a single physical location within a corridor or district, all of which are necessary to facilitate the conduct of the same residential, trade, or business use. This definition applies to new construction as well as to the rehabilitation and expansion of existing structures.

(3) “Minimum qualified investment threshold” means the minimum level of qualified real property investments required to be made by a qualified corridor or district investor in a building or facility to qualify for a grant, as determined by DSHA. Not more often than once per year, DSHA may amend the minimum qualified investment threshold with respect to uses (residential, commercial, industrial, etc.), types of projects (rehabilitation, new construction, etc.), or other criteria determined by DSHA to be necessary or convenient to accomplish the purposes of this chapter.

(4) “Qualified corridor or district investor” means an owner or tenant of real property located within a corridor or district that expands, rehabilitates, or constructs the real property for residential, commercial, industrial, or mixed use. For a tenant, the amounts of qualified real property investment specified in this section relates to the proportion of the building or facility for which the tenant holds a valid lease. For an owner of an individual unit within a “common interest community,” as defined in § 81-103 of Title 25, the amounts of qualified real property investments specified in this chapter relates to that proportion of the building for which the owner holds title and not to common elements.

(5) a. “Qualified real property investment” means the amount in excess of the minimum qualified investment threshold that is properly chargeable to a capital account for improvements to rehabilitate, expand, or construct depreciable real property placed in service during the calendar year within a corridor or district. Specific inclusions and exclusions from the definition of “qualified real property investments” are to be determined by DSHA, but the definition must generally include expenditures associated with all of the following:

1. Any exterior, interior, structural, mechanical, or electrical improvements necessary to construct, expand, or rehabilitate a building or facility for residential, commercial, industrial, or mixed use.

2. Excavations.

3. Grading and paving.

4. Installing driveways.

5. Landscaping or land improvements.

6. Demolition.

b. Notwithstanding paragraph (b)(5)a. of this section, an investment in the rehabilitation, expansion, or construction of any building or facility in a corridor or district is not a qualified real property investment unless it is performed in accordance with the corridor plan or district plan.
22 Del. C. § 1708 — Delaware Code / Title 22 / Chapter 17 / Section 1708
§ Â
        1708. Uses of special fund; issuance of general obligation bond.
Status: in_force

(a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a TIF District and the governing body of the municipality so determines, moneys in the special fund for that TIF District created pursuant to § 1707 of this title may be:

(1) Used for any of the purposes described in § 1705 of this title for which bond proceeds could be used;

(2) Accumulated for payment of debt service on bonds subsequently issued under this chapter;

(3) Used to pay or to reimburse the municipality for debt service which the municipality is obligated to pay or has paid (whether such obligation is general or limited) on bonds issued by the municipality, or any agency, department or political subdivision thereof, the proceeds of which have been used for any of the purposes specified in § 1705 of this title; or used to pay or reimburse any developer loan;

(4) Used to pay or to reimburse an issuing body for debt service which the municipality is obligated to pay (whether such obligation is general or limited) on other obligations under an agreement described in subsection (b) of this section; or

(5) Paid to the municipality to provide funds to be used for any legal purpose as may be determined by the municipality.

(b) Pledge agreement. —

The municipality may pledge, by written agreement, that amounts deposited to the special fund created for the TIF District pursuant to § 1707 of this title shall be paid over to secure the payment, or reimbursement of a payment, of debt service on other obligations. Such agreement shall be between the municipality and the issuing body, and shall run to the benefit of and be enforceable on behalf of any holder, of such other obligations.

(c) Restrictions on use of special funds. — When any bonds authorized by this chapter are outstanding with respect to a TIF District and the governing body of the municipality so determines, moneys in the special fund for that TIF District created pursuant to § 1707 of this title may be used as provided in subsection (a) or (b) of this section in any fiscal year by the municipality, but only to the extent that:

(1) The amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted so as to prohibit the use of such moneys;

(2) Such use is not prohibited by the ordinance authorizing the issuance of such bonds; and

(3) To the extent not prohibited by bond or loan covenants.

(d) Compliance with charter requirements. — The issuance of general obligation bonds pursuant to this section shall comply with appropriate municipal charter requirements.
22 Del. C. § 325 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 325
§ Â
        325. Stay of proceedings.
Status: in_force

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with the officer that, by reason of facts stated in the certificate, a stay would in the officer’s opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court having jurisdiction on application on notice to the officer from whom the appeal is taken and on due cause shown.
22 Del. C. § 1318 — Delaware Code / Title 22 / Chapter 13 / Section 1318
§ Â
        1318. Construction.
Status: in_force

This chapter shall be interpreted liberally to effect the purposes set forth in this chapter.
22 Del. C. § 303 — Delaware Code / Title 22 / Chapter 3 / Subchapter I / Section 303
§ Â
        303. Purpose of regulations.
Status: in_force

The regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality.
22 Del. C. § 1806 — Delaware Code / Title 22 / Chapter 18 / Section 1806
§ Â
        1806. When no bonds or other obligations outstanding.
Status: in_force

(a) When no bonds are outstanding, the municipality may use money in the special fund for payment or reimbursement of debt service on other obligation that the municipality is obligated to pay under an agreement described in § 1802(b)(3) of this title.

(b) When no bonds are outstanding with respect to a special development district and no other obligations are outstanding:

(1) The special development district shall be terminated; and

(2) Any moneys remaining in the special fund on the date of termination of the special development district shall be paid to the general fund of the municipality.
22 Del. C. § 321 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 321
§ Â
        321. Creation and powers.
Status: in_force

The legislative body of cities or incorporated towns shall provide for the appointment of a board to be known as the board of adjustment and in the rules and regulations adopted pursuant to the authority of this chapter shall provide that the board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.
22 Del. C. § 1817 — Delaware Code / Title 22 / Chapter 18 / Section 1817
§ Â
        1817. Special provision applicable to the City of Dover, Delaware.
Status: in_force

Notwithstanding § 1807(c)(2) of this title, before the City of Dover may establish a special development district under this chapter, all of the owners of real property in the proposed special development district shall request the City of Dover to establish the special development district.
22 Del. C. § 101A — Delaware Code / Title 22 / Chapter 1 / Section 101A
§ Â
        101A. Annexation by large municipalities; special elections.
Status: in_force

(a) Any municipality in the State having a population in excess of 50,000, as enumerated in the most recent federal census, may extend the boundary limits of the municipality so as to include any portion of adjoining or adjacent territory, under the following terms and conditions:

(1) The annexation process under this section shall only be initiated by a written petition to annex adjacent or adjoining territory submitted by the municipality’s chief executive officer, or by member or members of the municipality’s legislative body, or by at least 25% of the qualified voters in the territory. The petition to annex, containing a general description of the territory, must be filed with the clerk of the municipality or equivalent municipal officer who is the keeper of official municipal legislative records and with the equivalent clerk or officer of the county in which the territory is situated.

(2) Upon the filing of a petition under paragraph (a)(1) of this section, the annexation must be approved in the following order:

a. The legislative body of the municipality must enact an ordinance approving the proposed annexation. The ordinance must provide a legal description of the territory, adopt the corresponding changes to the boundaries of the municipality and contain such other provisions as may be required by law.

b. The chief executive officer of the municipality must approve the proposed annexation, as evidenced by the chief executive officer’s actual signature approving the ordinance enacted by the municipality’s legislative body pursuant to paragraph (a)(2)a. of this section.

c. The legislative body of the county in which the territory is situated must enact an ordinance approving the proposed annexation. The ordinance may incorporate by reference all or a portion of the ordinance enacted by the municipality’s legislative body pursuant to paragraph (a)(2)a. of this section.

d. The chief executive officer of the county in which the territory is situated must approve the proposed annexation, as evidenced by the chief executive officer’s actual signature approving the ordinance enacted by the county’s legislative body pursuant to paragraph (a)(2)c. of this section.

e. A majority of the qualified voters in each parcel of the territory, voting in a special election held by the proper election official, must approve of the annexation. Such special election shall be held not less than 30 days nor later than 60 days following the date of approval of the county ordinance by the chief executive officer of the county pursuant to paragraph (a)(2)d. of this section.

f. If the proper election official certifies that the results of the special election indicate that a majority of the qualified voters in each parcel of the territory who voted in such election approved of the proposed annexation, the annexation shall become effective on the first day of the month immediately following such certification.

(b) If either legislative body shall fail to enact the respective ordinances required under paragraphs (a)(2)a. and c. of this section, or if either chief executive officer shall fail to approve such respective ordinances as required by paragraphs (a)(2)b. and d. of this section, or if the certification of the votes cast in the special election shall indicate that a majority of the qualified voters in each parcel of the territory who voted in such election was against the annexation of the territory, the proposed annexation of the territory shall be declared to have failed. Nothing in this section shall prohibit any interested party from resubmitting a petition for annexation of the territory, or any portion thereof, under the authority of and in accordance with this section.

(c) The following definitions shall apply to this section:

(1) “Adjacent” means to lie upon or touch the boundary of the municipality.

(2) “Adjoining,” in addition to its general meaning, shall also mean to lie upon or touch a highway, railroad right-of-way, or watercourse which lies upon the boundary line of the municipality and separates the municipality and the territory by only the width of such highway, railroad right-of-way or watercourse. If more than 1 highway and/or railroad right-of-way and/or watercourse, or any combination of the same, separates the municipality and the territory, and such highways and/or railroad rights-of-way and/or watercourses lie upon or touch each other, then the municipality and the territory shall be deemed adjoining.

(3) “Election official” shall mean the person designated as the judge of the election under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise.

(4) “Parcel” shall mean the property in the territory to which is assigned a separate tax parcel number on the books and records of the county board of assessment.

(5) “Qualified voter”:

a. With respect to any petition filed by voters in the territory pursuant to paragraph (a)(1) of this section, the term “qualified voter” shall mean each voter qualified to vote under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise, as of the date of filing of the petition; and

b. With respect to any such special election, the term “qualified voter” shall have the meaning set forth under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise.

(6) “Territory” shall mean the property or properties proposed to be annexed to the municipality.
22 Del. C. § 1709 — Delaware Code / Title 22 / Chapter 17 / Section 1709
§ Â
        1709. Agreements to pay revenue from taxes on tax increment into special fund.
Status: in_force

A county, which is not the issuing body, may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall also be paid into a special fund created pursuant to § 1707 of this title. Such agreements shall be between the governing bodies of a municipality and the county. They shall run to the benefit of and be enforceable on behalf of any bondholder.
22 Del. C. § 1801 — Delaware Code / Title 22 / Chapter 18 / Section 1801
§ Â
        1801. Definitions.
Status: in_force

In this chapter, the following terms have the meanings indicated.

(1) “Bonds” or “bond” means a special obligation bond, revenue bond, note or other similar instrument issued by any municipality in accordance with this section.

(2) “Cost” includes the cost of:

a. Construction, reconstruction and renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of way, franchises, easements and interests acquired or to be acquired by a municipal, local, county, state, or federal government or any agency, department, or office thereof for a public purpose;

b. All machinery and equipment including machinery and equipment needed to expand or enhance the services of a municipal, local, county, state, or federal government or any agency, department, or office thereof to the special development districts created pursuant to § 1802(a) of this title;

c. Financing charges and interest prior to and during construction, and, if deemed advisable by the municipality, for a limited period after completion of the construction, interest and reserves for principal and interest, including costs of municipal bond insurance and any other type of financial guaranty, liquidity support and costs of issuance;

d. Extensions, enlargements, additions and improvements;

e. Architectural, engineering, financial and legal services;

f. Plans, specifications, studies, surveys and estimates of cost and of revenues;

g. Administrative expenses necessary or incident to determining to proceed with the infrastructure improvements; and

h. Other expenses as may be necessary or incident to the construction, acquisition, financing and operation of the infrastructure improvements including administrative expenses charged to collect and/or administer the tax revenues.

(3) “County” or “county” means New Castle County, Kent County or Sussex County.

(4) “Issuing body” means a municipality (other than the municipality issuing bonds under this chapter or Chapter 17 of this title), a county, or other political subdivision, department or agency of the State when it acts to issue a bond, a note, or other similar instrument.

(5) “Municipality” means any town or city located within the State with a population in excess of 35,000 people.

(6) “Other obligations” or “other obligation” means a bond, a note, or other similar instrument issued by an issuing body for any of the purposes stated in § 1802 of this title.
22 Del. C. § 116 — Delaware Code / Title 22 / Chapter 1 / Section 116
§ Â
        116. Dogs.
Status: in_force

The municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog’s breed or perceived breed.
22 Del. C. § 114 — Delaware Code / Title 22 / Chapter 1 / Section 114
§ Â
        114. Public advertising and notices.
Status: in_force

Notwithstanding any provision to the contrary, public advertising and notices by any municipality in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or other website allowing for the electronic posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of Title 29.
22 Del. C. § 802 — Delaware Code / Title 22 / Chapter 8 / Subchapter I / Section 802
§ Â
        802. Applicability of chapter; grant of power.
Status: in_force

Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, subject to the conditions and limitations imposed by this chapter, amend its charter so as to have and assume all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by statute. This grant of power does not include the power to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.
22 Del. C. § 812 — Delaware Code / Title 22 / Chapter 8 / Subchapter II / Section 812
§ Â
        812. Publication of proposed charter, charter amendment or repeal proposition and resolution.
Status: in_force

At least 30 days before an election thereon, notice shall be given by publication in a newspaper of general circulation within the municipal corporation that copies of a proposed charter, charter amendment or repeal proposition and resolution are on file in the office of the clerk or other chief recording officer of the legislative body of the municipal corporation and that a copy will be furnished by the clerk or other chief recording officer to any qualified voter or taxpayer of the municipal corporation upon request.
22 Del. C. § 510 — Delaware Code / Title 22 / Chapter 5 / Section 510
§ Â
        510. Contracts; competitive bidding.
Status: in_force

(a) The procurement of material and the award of contracts for construction, repairs or work of any nature made by any authority shall be subject to Chapter 69 of Title 29.

(b) No member of the Board of the Wilmington Parking Authority shall be entitled to vote on any matter before the Board if such member has a direct or indirect financial interest in the outcome of such matter under review. In the event such a financial interest exists, said member shall disclose to the Board the nature of the interest and said member shall refrain from any discussion, deliberation, action and/or vote by the Board on this matter. In situations in which a member or members do not vote by reason of such financial interest, the matter pending before the Board will be decided on the basis of a majority vote of the remaining members present who do not have a financial interest in the matter. A member or members having a financial interest as set forth herein shall be counted for purposes of establishing a quorum, provided such member or members are present at the meeting. The disqualification of a member from voting on a matter before the Board by reason of a financial interest therein shall not affect the validity of any action taken by the Board relative to the matter before it.

(c) Subsection (a) of this section shall not apply to the construction of parking facilities intended to serve and be an integral part of a redevelopment project in any municipality where the municipality or its redevelopment agency has designated or selected a developer who is responsible for the overall development of the project including parking facilities. In such case, the authority may negotiate with the developer for the construction and design of public parking facilities on such terms and conditions as the authority may deem justified and in the public interest.
22 Del. C. § 1705 — Delaware Code / Title 22 / Chapter 17 / Section 1705
§ Â
        1705. Application of bond proceeds.
Status: in_force

All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for:

(1) The cost of purchasing, leasing, condemning or otherwise acquiring land or other property, or an interest in them, in the designated TIF District or as necessary for a right-of-way or other easement to or from the TIF District;

(2) Demolition and site removal;

(3) Plans, specifications, studies, surveys, forecasts and estimates of cost and revenues;

(4) Relocation of businesses or residents;

(5) Installation of utilities, construction of parks and playgrounds, and other necessary improvements, including streets and roads to, from, or within the TIF District, parking, lighting and other facilities;

(6) Construction or rehabilitation of buildings;

(7) Reserves or capitalized interest;

(8) Necessary costs of issuing bonds;

(9) Permissive costs of issuing and servicing the bonds, which may include up to 0.5% of the bond issues as origination costs incurred by the municipality, and up to 2.0% of the bond debt service payments as administrative costs if administered by the municipality;

(10) Payment of the principal, premium, if any, and interest on loans, money advanced or any indebtedness incurred by a municipality for any of the purposes set out in this section, including the refunding of bonds previously issued under this chapter; and

(11) Any costs permitted under § 1801(2) of this title, and for any purposes described in § 1802(b)(2) of this title; provided, however, that the purposes described in § 1802(b)(2) of this title shall be with reference to the designated TIF District.
22 Del. C. § 710 — Delaware Code / Title 22 / Chapter 7 / Section 710
§ Â
        710. Enforcement.
Status: in_force

The Court of Chancery shall have jurisdiction on petition of the planning commission established hereunder to enforce this chapter and any ordinance or bylaws made thereunder and may restrain by injunction violations thereof.
22 Del. C. § 329 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 329
§ Â
        329. Priority of proceedings.
Status: in_force

All issues in any proceeding under this subchapter shall have preference over all other civil actions and proceedings.
22 Del. C. § 1310 — Delaware Code / Title 22 / Chapter 13 / Section 1310
§ Â
        1310. Bond issues.
Status: in_force

(a) An electric company may issue such types of bonds as it may determine, subject only to any agreement with the holders of particular bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenues from 1 or more projects, or from 1 or more revenue producing contracts made by the company with any person or public agency, or from its revenues generally, or which may be additionally secured by a pledge of any grant, subsidy or contribution from any public agency or other person, or a pledge of any income or revenues, funds or moneys of the company from any source whatsoever.

(b) A company may from time to time issue its bonds in such principal amounts as the company deems necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including the establishment or increase of reserve interest accrued during construction of a project and for a period not exceeding 1 year after the completion of construction of a project, and the payment of all other costs or expenses of the company incident to and necessary or convenient to carry out its corporate purposes and powers.

(c) Neither the members of the board of directors of a company nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

(d) The bonds of an electric company (and such bonds shall so state on their face) shall not be a debt of the municipalities which are parties to the contract creating the company or of the State and neither the State nor any such municipality shall be liable thereon nor in any event shall such bonds be payable out of any funds or properties other than those of the company.
22 Del. C. § 1811 — Delaware Code / Title 22 / Chapter 18 / Section 1811
§ Â
        1811. Powers granted are supplemental to other laws.
Status: in_force

The powers granted under this chapter shall be regarded as supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of any powers now existing.
22 Del. C. § 1711 — Delaware Code / Title 22 / Chapter 17 / Section 1711
§ Â
        1711. Exemption of bonds from taxation.
Status: in_force

The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit made in the sale or transfer thereof, shall be exempt from taxation by the State and by the several counties and municipalities of this State.
22 Del. C. § 102 — Delaware Code / Title 22 / Chapter 1 / Section 102
§ Â
        102. Commissioners for unincorporated towns; election and powers.
Status: in_force

Every unincorporated town having more than 300 inhabitants may annually on the second Saturday in July, by a majority of the voters qualified to vote, or a majority of the voters present at the annual meeting, elect 3 commissioners. For purposes of this section “qualified voters” shall mean the following: Inhabitants qualified to vote for representatives in the General Assembly, property owners and leaseholders of record who shall have attained the legal age of majority. The commissioners may regulate the streets, lanes and alleys of the town, on complaint of any citizen, examine any chimney, stovepipe, fixtures or other matter dangerous to the town, and, if adjudged dangerous, require it to be repaired or remedied to prevent or remove nuisances therein, prohibit firing of guns or pistols, the making of bonfires or setting off of fireworks or any dangerous sport or practice, and prevent or suppress any noisy and turbulent assemblages within the town after night or on the Sabbath Day. For these purposes the commissioners may make and publish ordinances imposing penalties not exceeding $100 in any case.

Any unincorporated town may provide for a voter registration which registration may not be concluded any sooner than 2 weeks prior to the actual election date.

The penalties shall be for the use of the town and may be collected as other penalties of like amount imposed by law.

Any justices of the peace residing in such town shall, with the aid of 2 citizens called by them, hold the election for commissioners and ascertain and make a record of the result.
22 Del. C. § 1302 — Delaware Code / Title 22 / Chapter 13 / Section 1302
§ Â
        1302. Definitions.
Status: in_force

As used in this chapter unless the context clearly indicates otherwise:

(1) “Bonds” means any bonds, interim certificates, notes, debentures or other obligations of a company issued under this chapter.

(2) “Company” and “electric company” mean a municipal electric company.

(3) “Contracting municipality” means a municipality which contracts to establish an electric company under this chapter.

(4) “Municipal electric company” means a public corporation created by contract between 2 or more municipalities under this chapter.

(5) “Municipality” means a city or town.

(6) “Person” means a natural person, a public agency, cooperative or private corporation, association, firm, statutory trust, partnership or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States.

(7) “Project” means any plant, works, system, facilities and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electric power and energy, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such purposes, including, but not limited to, the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, for transportation, storage and reprocessing or for any energy conservation measure which involves public education or the actual fitting and application of a device.

(8) “Public agency” means any municipality or other municipal corporation, political subdivision, government unit or public corporation created under the laws of this State or of another state or of the United States, and any state or the United States, and any person, board or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof.
22 Del. C. § 1312 — Delaware Code / Title 22 / Chapter 13 / Section 1312
§ Â
        1312. Covenants.
Status: in_force

The company shall have power in connection with the issuance of its bonds to:

(1) Covenant as to the use of any or all of its property, real or personal.

(2) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.

(3) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements to a project, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.

(4) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of bondholders.

(5) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any project or projects or any revenues producing contract or contracts made by the company with any person or public agency to secure the payment of bonds, subject to such agreements with the holders of bonds as may then exist.

(6) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, moneys, funds or property with respect to which the company may have any rights or interest.

(7) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.

(8) Covenant as to limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds.

(9) Covenant as to the rank or priority of any bonds with respect to any lien or security.

(10) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given.

(11) Covenant to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon and the use and disposition of insurance proceeds.

(12) Covenant as to the vesting in a trustee or trustees, within or outside the State, of such properties, rights, powers and duties in trust as the company may determine.

(13) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the State.

(14) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion or the company tend to make the bonds more marketable; notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the company power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the State.

(15) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the company may reasonably require.
22 Del. C. § 304 — Delaware Code / Title 22 / Chapter 3 / Subchapter I / Section 304
§ Â
        304. Establishment and enforcement of regulations.
Status: in_force

The legislative body of the municipality shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established and enforced and from time to time amended, supplemented or changed. However, no such regulations, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality.
22 Del. C. § 1504 — Delaware Code / Title 22 / Chapter 15 / Section 1504
§ Â
        1504. Creation and powers of the authority or management company.
Status: in_force

(a) The authority or management company authorized by ordinance to govern a district shall be created by the filing of a certificate of authority or incorporation with the Secretary of State, which certificate shall include:

(1) Citation to the ordinance authorizing its creation;

(2) The names and business addresses of those nominated and approved as the initial members or directors of the authority or management company;

(3) The term of existence of the authority or management company;

(4) Any express terms or conditions proposed by the enabling ordinance regarding the powers, duties or restrictions imposed upon the authority or management company.

(b) Except as restricted by this chapter or the ordinance creating it, an authority or management company shall have, by way of example not limitation, the power:

(1) To acquire, hold and use property necessary to achieve its purposes;

(2) To make contracts;

(3) To sue and be sued;

(4) To incur debt, and pledge or hypothecate its assets in security thereof;

(5) To propose an annual budget, and to calculate and assess against all assessable properties within the district, through the assessment base selected by the municipality, such amount as is necessary to fund such budget;

(6) To adopt by-laws for its governance;

(7) To indemnify its members, officers and employees to the full extent authorized by the General Corporation Law [Chapter 1 of Title 8]; and

(8) To otherwise exercise all necessary powers with respect to the conduct of the functions of a business improvement district.
22 Del. C. § 516 — Delaware Code / Title 22 / Chapter 5 / Section 516
§ Â
        516. Indemnification.
Status: in_force

(a) The Wilmington Parking Authority shall indemnify any member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that the person is or was a member of the Authority, against expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such member in connection with such action, suit or proceeding, if said member acted in good faith and in a manner reasonably believe to be in or not opposed to the best interests of the Authority, and with respect to any criminal proceeding or action, the member had no reasonable cause to believe that the action was unlawful.

(b) Any indemnification under this section shall be made only as authorized in the specific case upon a determination that indemnification of the member is proper under the circumstances because the member has met the applicable standard of conduct as set forth in subsection (a) of this section. Such a determination will be made by the Attorney General or the Attorney General’s designee within 15 days of the date of receipt of a request for such a determination. Such request shall be filed by the member affected and shall set forth in detail the circumstances supporting the claim for indemnification. In the event the Attorney General fails to make the determination within the time frame specified, the requested indemnification shall be deemed as granted.

(c) Expenses (including attorneys’ fees) incurred by a member in defending any civil, criminal, administrative or investigative action, suit or proceeding may be paid by the Authority in advance of the final disposition of such action, suit or proceeding, upon receipt of an undertaking by or on behalf of such member to repay such amount if it shall ultimately be determined that such member is not entitled to be indemnified by the Authority as authorized by this section.

(d) No payment shall be made pursuant to the provisions of this section unless the member seeking such payment shall agree that the State be subrogated, to the extent of any payment, to all rights of recovery of such member, shall agree to execute all papers required and shall do everything that may be necessary to secure such rights including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State.
22 Del. C. § 1802 — Delaware Code / Title 22 / Chapter 18 / Section 1802
§ Â
        1802. Special taxes authorized; purpose; requirements and restrictions.
Status: in_force

(a) (1) For any purpose stated in paragraph (b)(1) or (b)(2) of this section, any municipality may:

a. Create a special development district;

b. Levy ad valorem or special taxes; and

c. Issue bonds and other obligations.

(2) For any purpose stated in paragraph (b)(3) of this section, any municipality may:

a. Create a special development district;

b. Levy ad valorem or special taxes; and

c. Pledge funds under an agreement described in paragraph (b)(3) of this section to secure payment on other obligations.

(b) The purpose of the authority granted under subsection (a) of this section is:

(1) To provide financing, refinancing, or reimbursement for the cost of the design, construction, establishment, extension, alteration or acquisition of adequate storm drainage systems, sewers, water systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, parking, parks and recreation facilities, libraries, schools, transit facilities, solid waste facilities and other infrastructure improvements as necessary, whether situated within the special development district or outside the special development district if the infrastructure improvement provides service or benefit to the property within the special development district, for the development and utilization of the land, each with respect to any defined geographic region within the municipality;

(2) To provide financing, refinancing, or reimbursement for the costs associated with tax increment financing undertaken with respect to TIF Districts pursuant to Chapter 17 of this title; and

(3) To pledge under a written agreement the ad valorem or special taxes levied under this chapter to secure the payment, or reimbursement of a payment, of other obligations. Such agreement shall be between the municipality and the issuing body, and shall run to the benefit of and be enforceable on behalf of any holder, of other obligations.
22 Del. C. § 1501 — Delaware Code / Title 22 / Chapter 15 / Section 1501
§ Â
        1501. Findings and declaration of policy.
Status: in_force

The General Assembly hereby finds and declares that:

(1) Preserving and enhancing commercial enterprise in the traditional business centers of the cities and towns of Delaware are critical to the long-term financial well-being of the State;

(2) The availability of enhanced municipal services within Delaware’s urban commercial centers, which result in significantly improved street and sidewalk sanitation, facilities and infrastructure maintenance and public security, serve as a magnet to the consuming public;

(3) Numerous cities and towns throughout the United States, including Philadelphia, Baltimore, Buffalo and Allentown, have successfully funded and witnessed the benefit of such enhancements through the creation of business improvement districts as authorized by State legislative enactment;

(4) The cost of the enhanced municipal services provided for within a business improvement district is funded exclusively by the principal beneficiaries thereof, the commercial enterprises within each such district, thereby avoiding further demand on the strained public treasury.
22 Del. C. § 1810 — Delaware Code / Title 22 / Chapter 18 / Section 1810
§ Â
        1810. Bonds issued are securities.
Status: in_force

Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
22 Del. C. § 324 — Delaware Code / Title 22 / Chapter 3 / Subchapter II / Section 324
§ Â
        324. Appeals to board.
Status: in_force

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
22 Del. C. § 1304 — Delaware Code / Title 22 / Chapter 13 / Section 1304
§ Â
        1304. Contract.
Status: in_force

Any contract establishing an electric company under this chapter shall specify:

(1) The name and purpose of the company and the functions or services to be provided by the company. The name may refer to the company as an agency, authority, company, corporation, group, system or other descriptive title.

(2) The establishment and organization of a governing body of the company which shall be a board of directors in which all powers of the company are vested. The contract may provide for the creation by the board of an executive committee of the board to which the powers and duties may be delegated as the board shall specify.

(3) The number of directors, the manner of their appointment, terms of office and compensation, if any, and the procedure for filling vacancies on the board. Each contracting municipality shall have the power to appoint 1 member to the board of directors and shall be entitled to remove that member at will.

(4) The manner of selection of the officers of the company and their duties.

(5) The voting requirements for action by the board; but, unless specifically provided otherwise, a majority of directors shall constitute a quorum and a majority of the quorum shall be necessary for any action taken by the board.

(6) The duties of the board which shall include the obligation to comply or to cause compliance with this chapter and the laws of the State and, in addition, with each and every term, provision and covenant in the contract creating the company on its part to be kept or performed.

(7) The manner in which additional municipalities may become parties to the contract by amendment.

(8) Provisions for the disposition, division or distribution of any property or assets of the company on dissolution.

(9) The term of the contract, which may be a definite period or until rescinded or terminated, and the method, if any, by which the contract may be rescinded or terminated, but that the contract may not be rescinded or terminated so long as the company has bonds outstanding, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
22 Del. C. § 106 — Delaware Code / Title 22 / Chapter 1 / Section 106
§ Â
        106. Debt limit of cities with population in excess of 50,000.
Status: in_force

(a) All cities in the State having a population in excess of 50,000, as enumerated in the most recent federal census, which have the power to borrow money and issue negotiable bonds and notes to evidence such borrowing are hereby authorized to issue such bonds, and notes in anticipation of the issuance of such bonds, in an amount not in excess of 16 percent of the assessed valuation of real estate taxable by such city. In computing the aggregate principal amount of such bonds and notes of such city there shall be excluded:

(1) All bonds and notes issued by such city for the purpose of providing a supply of water for such city;

(2) All bonds and notes issued by such city for sewer purposes as a part of the sewer system of such city for which such city collects rates, rents or fees;

(3) Any bonds and notes issued by such city for school purposes but not in excess of 3 percent of the assessed valuation of the real estate taxable by such city; however, any such city may issue school bonds and notes within its debt limitation in excess of the 3 percent which is excluded from the aggregate principal amount which may be issued;

(4) All bonds and notes issued by such city for any other purpose for which an exclusion is authorized by law including but not limited to exclusions for bonds and notes issued for parking authority purposes and urban renewal purposes;

(5) Any guaranty or other obligation incurred pursuant to any law and which said law provides shall be excluded from the computation of any debt limitations of such city; and

(6) Bonds issued to fund outstanding notes not otherwise excluded, until such notes are retired.

(b) Bonds may be issued within the limits prescribed herein notwithstanding any debt or other limitation prescribed by any other law; provided, however, that such bonds, or notes issued in anticipation of the issuance of such bonds, must be approved and authorized by the governing body of such city in the same manner as all other obligations of such city are authorized.

(c) The debt limit prescribed by this section shall replace the debt limit specified by any other law, special or general.
22 Del. C. § 1004 — Delaware Code / Title 22 / Chapter 10 / Section 1004
§ Â
        1004. Tenants in common; joint tenants; tenants by entirety; partnerships; fiduciaries; corporations.
Status: in_force

(a) Where title to property on which an exemption from municipal taxation is claimed is held by more than 1 person either as tenants in common or as joint tenants, each tenant shall not be allowed an exemption against its interest in the property in excess of the assessed valuation of the tenant’s proportionate share in the property, which proportionate share, for the purposes of this chapter, shall be deemed to be equal to that of each of the other tenants, unless it is shown that the interests in question are not equal, in which event each tenant’s proportionate share shall be as shown.

(b) Nothing in this chapter shall preclude more than 1 tenant, whether title be held in common or joint tenancy, from claiming exemption against the property so held, but no more than the equivalent of 1 full exemption in regard to such property shall be allowed in any year, and in any case in which the tenants cannot agree as to the apportionment thereof, the exemption shall be apportioned between or among them in proportion to their interest. Property held by both spouses, as tenants by the entirety, shall be deemed wholly owned by each tenant, but not more than 1 exemption in regard to such property shall be allowed in any year.

(c) The right to claim exemption from municipal taxation on real property shall extend to property the title to which is held by a partnership to the extent of the claimant’s interest as a partner therein and by a guardian, trustee, committee, conservator or other fiduciary for any person who would otherwise be entitled to claim exemption from municipal taxation on real property, but not to property the title to which is held by a corporation.