reglab/housing_qa huggingface dataset:
22 DE Code § 1306. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1306. Public character.

§ 1306. Public character. An electric company established by contract under this chapter shall constitute a political subdivision and body public and corporate of the State, exercising public powers, separate from the contracting municipalities. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate but shall not have taxing power. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1307. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1307. Purchase and sales agreements; advance payments.

§ 1307. Purchase and sales agreements; advance payments. (a) The contracting municipalities may provide in the contract created under § 1303 of this title for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument. Purchase agreements may contain such other terms and conditions as the company and the purchasers may determine, including provisions whereby the purchaser is obligated to pay for power irrespective of whether energy is produced or delivered to the purchaser or whether any project contemplated by any such agreement is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such project. Such agreements may be for a term covering the life of a project or for any other term, or for an indefinite period. The contract created under § 1303 of this title or a purchase agreement may provide that if 1 or more of the purchasers defaults in the payment of its obligations under any such purchase agreement, the remaining purchasers which also have such agreements shall be required to accept and pay for and shall be entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser. For purposes of this section the phrase “purchase of electric power and energy” includes any right to capacity or interest in any project. (b) The obligations of a municipality under a purchase agreement with a company or arising out of the default by any other purchaser with respect to such an agreement shall not be construed to constitute debt of the municipality. To the extent provided in the purchase agreement, such obligations shall constitute special obligations of the municipality, payable solely from the revenues and other moneys derived by the municipality from its municipal electric utility and shall be treated as expenses of operating a municipal electric utility. (c) The contract also may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contract and as advances for any such purpose subject to repayment by the company. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1308. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1308. Sale of excess capacity.

§ 1308. Sale of excess capacity. (a) An electric company may sell or exchange excess power and energy produced or owned by it not required by any of the contracting municipalities for such consideration and for such period and upon such terms and conditions as it may determine to any other person or public agency. (b) Notwithstanding any other provision of this chapter or any other statute, nothing shall prohibit a company from undertaking any project in conjunction with or owning any project jointly with any person or public agency. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1309. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1309. Regulation.

§ 1309. Regulation. 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. 61 Del. Laws, c. 496, §  1;  68 Del. Laws, c. 299, §  1;
22 DE Code § 1310. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1310. Bond issues.

§ 1310. Bond issues. (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. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1311. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1311. Form and sale of bonds.

§ 1311. Form and sale of bonds. (a) Bonds of an electric company shall be authorized by resolution of the board of directors and may be issued under such resolution or under a trust indenture or other security instrument in 1 or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, trust indenture or other security instrument may provide, and without limitation by any other law limiting amounts, maturities or interest rates. (b) The bonds may be sold at public or private sale as the company may provide and at such price or prices as the company shall determine. (c) In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such obligations, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the officers had remained in office until such delivery. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1313. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1313. Refunding bonds.

§ 1313. Refunding bonds. A company may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the company deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof and the rights, duties and obligations of the company in respect of the same shall be governed by this chapter relating to the issue of bonds other than refunding bonds insofar as the same may be applicable. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1314. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1314. Bonds eligible for investment.

§ 1314. Bonds eligible for investment. Bonds issued by a company under this chapter are hereby made securities in which all public officers and agencies of the State and all political subdivisions, all insurance companies, trust companies, 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. Such bonds are hereby made securities which may properly and legally be deposited with and received by any officer or agency of the State or any political subdivision for any purpose for which the deposit of bonds or obligations of the State or any political subdivision is now or may hereafter be authorized by law. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1315. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1315. Tax exemption.

§ 1315. Tax exemption. (a) All bonds of a municipal electric company are declared to be issued on behalf of the State for an essential public and governmental purpose and to be debts of a state municipal corporation. (b) The property of a company including any pro rata share of any property owned by a company in conjunction with any other person or public agency is declared to be a public property used for essential public and governmental purposes and such property or pro rata share, a company and its income shall be exempt from all taxes of the State or any state public body. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1316. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1316. Successor entities.

§ 1316. Successor entities. A company shall, if the contract so provides, be the successor to any nonprofit corporation, agency or any other entity theretofore organized by such contracting municipalities to provide the same or a related function, and the company shall be entitled to all rights and privileges and shall assume all obligations and liabilities of the other entity under existing contracts to which the other entity is a party. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1317. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1317. Other statutes.

§ 1317. Other statutes. The powers granted under this chapter do not limit the powers of municipalities to enter into intergovernmental cooperation or contracts or to establish separate legal entities under municipal charters or any other applicable law or otherwise to carry out their powers under applicable statutory provisions, nor shall such powers limit the powers reserved to municipalities by state law. By enacting this chapter, the General Assembly contemplates that activities by municipalities or municipal agencies pursuant to this chapter should not be subject to the antitrust laws of the United States. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1318. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 13. Municipal Electric Companies|§ 1318. Construction.

§ 1318. Construction. This chapter shall be interpreted liberally to effect the purposes set forth in this chapter. 61 Del. Laws, c. 496, §  1;
22 DE Code § 1501. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1501. Findings and declaration of policy.

§ 1501. Findings and declaration of policy. 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.69 Del. Laws, c. 328, §  1;
22 DE Code § 1502. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1502. Definitions.

§ 1502. Definitions. (a) “Assessable property” means all property owned or used by a commercial enterprise which is located within a business improvement district (whether or not it is subject to a real property tax abatement) and which is not part of a class of property which is exempted from assessment pursuant to § 1503(a) of this title. (b) “Assessment base” means any tax or license fee lawfully imposed by a municipality relating to real property or the operation of a commercial enterprise. (c) “Assessment zone” means an area of a business improvement district designated by the municipality to fund a certain percentage of the district's annual budget within which the assessment rate is uniform. (d) “Authority” means a body politic or corporate exercising public powers of the State as an agency thereof in accordance with the provisions of this chapter and the ordinance creating such authority. (e) “Business improvement district” or “district” means an area of a city designated for the provision of services by an authority or management company as defined by an ordinance adopted by the city in accordance with this chapter. (f) “City” or “municipality” means any incorporated municipality or town. (g) “Management company” means an authority which in accordance with the express terms of the ordinance creating it is duly incorporated under the not-for-profit incorporation provisions of the Delaware General Incorporation Law [Chapter 1 of Title 8]. (h) “Services” means those functions undertaken directly or indirectly by an authority or management company for the benefit and advantage of the business improvement district. 69 Del. Laws, c. 328, §  1;
22 DE Code § 1503. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1503. Establishment.

§ 1503. Establishment. (a) The Mayor and Council or other governing body of any municipality of this State may create 1 or more business improvement districts comprising all or any portions of any area within such municipality which is either zoned for commercial use or predominantly used for commercial purposes. Such ordinance shall include the following:  (1) A description of the geographic boundaries of such district, including the geographic boundaries of any assessment zones within the district; (2) A description of the authority or management company which will govern such district, which authority or management company shall be comprised of not less than 5 members or directors respectively who either own a commercial property within such district, or are the designee of such owner; (3) A general description of the services and/or improvements which the district shall be authorized to provide; (4) The specific assessment base through which the annual budget of the district shall be funded; (5) If the district is divided into assessment zones, the percentage of the district's annual budget which each zone shall fund; (6) Any limitations on the special assignment or borrowing authority of the district; (7) The duration of the existence of the district, which shall not exceed 30 years; (8) The properties to be exempted from the district; provided, that all residential properties having not more than 4 rental units shall be exempt, and provided further, that the municipality may specifically exempt all properties owned by organizations exempt from the municipality's real property tax; and (9) The method, manner and frequency of reports which each such district must file with the municipality with respect to its affairs. (b) The ordinance required by this section shall, in addition to any other applicable public notice procedures, be advertised in a periodical which is generally circulated within the area designated as the district not less than 10 days prior to its introduction. Such ordinance shall, unless the ordinance shall otherwise expressly provide, be effective 30 days after the date of its enactment. 69 Del. Laws, c. 328, §  1;
22 DE Code § 1504. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1504. Creation and powers of the authority or management company.

§ 1504. Creation and powers of the authority or management company. (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.69 Del. Laws, c. 328, §  1;
22 DE Code § 1505. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1505. Method of assessment.

§ 1505. Method of assessment. (a) The authority or management company shall assess each assessable property within the district by multiplying the total service and improvement cost as reflected in the adopted budget for each year (less any allocated surplus or estimated revenue from other sources) by the ratio of the amount of such assessable property's assessment base to the total amount of the assessment base for all assessable properties in the district or, if the district is divided into assessment zones, in the respective assessment zone; provided, that in all cases the assessment base shall be the one designated in the enabling ordinance by the municipality to fund the district; and provided further, that notwithstanding the above, the authority or management company shall have the power to impose an assessment of a minimum amount; and provided further, that notwithstanding the above, the authority or management company may impose a lower rate or minimum amount of assessment on properties owned by organizations exempt from the municipality's real property tax if the municipality has chosen not to exempt such properties from the district. (b) The authority or management company may by resolution authorize the payment of such assessment in annual, or more frequent, equal installments, over such time and bearing interest at such rate as may be specified in such resolution. (c) All assessments imposed by an authority shall constitute a lien on each property so assessed, the nonpayment of which shall be collectable in the same manner as the collection of a property tax delinquency by the municipality in which the district lies. No action taken to enforce a claim by the authority or management company for any annual payment or installment payment shall affect the status of any subsequent installment of the same or the next assessment, each of which shall constitute a lien upon the property. 69 Del. Laws, c. 328, §  1;
22 DE Code § 1506. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1506. Prohibitions.

§ 1506. Prohibitions. (a) No authority or management company shall issue bonds or other forms of securities; nor shall any authority or management company pledge the full faith and credit of the municipality in which its district lies for the payment of its debts, or of the State. (b) No authority or management company shall undertake or make any assessment in support of the provision of a service which is presently offered by the municipality in which the district lies. (c) No authority or management company may make any assessment for the provision of any service which is not for the direct benefit and advantage of the business improvement district. 69 Del. Laws, c. 328, §  1;
22 DE Code § 1507. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 15. Municipal Business Improvement Districts|§ 1507. Annual review by municipality.

§ 1507. Annual review by municipality. Not less frequently than annually, the municipality shall review the performance of each authority or management company created by such municipality and shall prepare for public inspection a report which certifies that:  (1) The authority or management company is in compliance with its enabling ordinance, its certificate of incorporation and by-laws and the provisions of this chapter; (2) The authority or management company is fiscally sound; and (3) The authority or management company has not discriminated against any person based upon race, sex, national origin, religion, age or disability.69 Del. Laws, c. 328, §  1;