reglab/housing_qa huggingface dataset:
22 DE Code § 802. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter I. General Provisions|§ 802. Applicability of chapter; grant of power.

§ 802. Applicability of chapter; grant of power. 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. 1953, §  802;  53 Del. Laws, c. 260.;
22 DE Code § 811. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter II. Method of Exercising Power|§ 811. Amendment of charter.

§ 811. Amendment of charter. The amendment of a charter shall be proposed either by a resolution of the legislative body of a municipal corporation, 3/4 of all members elected thereto concurring or by a charter commission of 7 members elected by the qualified voters of the municipal corporation from their membership at large pursuant to petition for such an election bearing the signatures of at least 10% of the qualified voters of the municipal corporation and filed with the clerk or other chief recording officer of the legislative body of the municipal corporation. The charter commission candidates who receive the most votes shall constitute the commission. On the death, resignation or inability of any member of a charter commission to serve, the remaining members shall elect a successor. The commission shall have authority to propose the amendment of the charter as specified in the petition, to hold public hearings thereon and to arrange for putting the proposed amendment on the ballot or voting machine to be used at the next referendum election. The legislative body of the municipal corporation in which the amendment of a charter is proposed by a charter commission may provide by ordinance or resolution for that procedure which it deems necessary to conduct the election of a charter commission and for enabling the charter commission to exercise the functions specified above. The legislative body of the municipal corporation may, if it defaults in the exercise of this authority, be compelled by judicial mandate and at the instance of at least 10 signers of a petition filed under this section to exercise such authority. In addition to the procedure hereinbefore set forth, a charter may be amended by act of the General Assembly, passed with the concurrence of two thirds of all the members elected to each House thereof. 22 Del. C. 1953, §  811;  53 Del. Laws, c. 260;  60 Del. Laws, c. 166, §  1;
22 DE Code § 812. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter II. Method of Exercising Power|§ 812. Publication of proposed charter, charter amendment or repeal proposition and resolution.

§ 812. Publication of proposed charter, charter amendment or repeal proposition and resolution. 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. 1953, §  812;  53 Del. Laws, c. 260;  70 Del. Laws, c. 186, §  1;
22 DE Code § 813. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter II. Method of Exercising Power|§ 813. Referendum.

§ 813. Referendum. (a) Conduct of election; ballots; expenses. — On the day and during the hours specified for any referendum, the proposed charter amendment or amendments shall be submitted to the qualified voters of the municipal corporation. The official or officials thereof whose duty it is to arrange for and conduct the regular municipal elections shall perform the same duties so far as relevant to the referendum election on the proposed charter amendment or amendments. The referendum election shall be conducted generally according to the procedures and practices observed for regular municipal elections, except as specifically or necessarily modified by this subchapter. The wording specified in the proposal for a charter amendment or amendments shall be placed on the ballots or voting machines used at the referendum election. The expenses of the referendum election and all necessary or proper expenses of a charter commission shall be defrayed by the municipal corporation. (b) Officials to tally and certify results. — The official or officials charged with the duty to arrange for and conduct the referendum, promptly following the closing of the polls, shall tally the results thereof and shall forthwith certify the results of the referendum to the chief executive officer of the municipal corporation. (c) Proclamation of result; effective date of amendment. — The chief executive of the municipal corporation shall proclaim the result of the referendum within 10 days after receiving certification from the official or officials who tally the vote. If a majority of those who vote on any question submitted to the voters of the municipal corporation shall cast their votes in favor of the proposed charter amendment or amendments, it shall be adopted; provided, however, that no charter amendment so adopted will be effective until the chief executive officer files copies thereof with the Governor, President Pro Tem of the Senate, Speaker of the House, Secretary of State and the Director of the Legislative Reference Bureau, and until the General Assembly shall have been in session 30 calendar days after such filing. During said 30-day period, failure of the General Assembly by statute to negate such charter amendment by a two-thirds majority of all members elected to each House thereof shall be deemed to be an assent by the General Assembly thereto and the charter amendment shall be as effective as if enacted into law by a statute of this State. Neither shall a charter amendment be effective until final adjudication of an action brought for judicial review of charter referendum pursuant to § 820 of this title. 22 Del. C. 1953, §  813;  53 Del. Laws, c. 260.;
22 DE Code § 814. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter II. Method of Exercising Power|§ 814. Each proposed amendment may be submitted for separate vote.

§ 814. Each proposed amendment may be submitted for separate vote. Alternative restatements of amendments may be submitted and the one receiving the larger vote shall prevail if the amendment otherwise qualifies for adoption. 22 Del. C. 1953, §  814;  53 Del. Laws, c. 260.;
22 DE Code § 815. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter II. Method of Exercising Power|§ 815. Codification of amendments.

§ 815. Codification of amendments. The exact text of any amendment or amendments to the charter of any municipal corporation, adopted as in this chapter specified, shall thereafter be included in any subsequent edition or codification of the charter of the municipal corporation, until altered, modified or repealed by a subsequent amendment or amendments to the charter. 22 Del. C. 1953, §  815;  53 Del. Laws, c. 260.;
22 DE Code § 820. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter III. Judicial Review|§ 820. Judicial review of election.

§ 820. Judicial review of election. (a) Not later than 20 days after the result of a referendum has been proclaimed by the chief executive officer of a municipal corporation, any person resident therein may seek judicial review of the election by filing a verified complaint in the Superior Court of the county in which at least part of the municipal corporation is located. The complaint shall allege that the referendum was conducted unlawfully and shall set forth with particularity the unlawful acts which are the basis of the complaint. (b) Notice of the pendency of an action for judicial review of an election shall be given to the chief executive officer of the municipal corporation, the Governor, President Pro Tem of the Senate, Speaker of the House, Secretary of State and Director of the Legislative Reference Bureau by sending to each a copy of the verified complaint by registered or certified mail on the same date that the action is filed in the Superior Court. Notice mailed to the chief executive officer of the municipal corporation shall not, however, supplant or be a substitute for service of process. (c) When the verified complaint is filed, the case shall proceed, insofar as possible, as other civil cases in the Superior Court. However, the Superior Court may adopt special rules to govern review under this section. Cases brought under this section shall be accorded the same precedence as civil actions arising under § 3323(a) of Title 19. (d) The Court's jurisdiction shall be confined solely to the lawfulness of the election. No person shall have standing in law or equity to attack the legality of substantive provisions of a municipal charter amended by referendum until the General Assembly has failed to negate the charter amendment in accordance with § 813(c) of this title nor while an action for review of the referendum is pending. (e) If, after hearing the evidence, the Court concludes that the referendum was conducted lawfully, the result of the election as proclaimed by the chief executive officer of the municipal corporation shall be affirmed. Otherwise, the election shall be declared a nullity, unless the Court is persuaded the irregularity did not materially affect the result of the election. Court costs shall be imposed or apportioned among the litigants as the Court deems just. (f) The Court's order under subsection (e) of this section shall not be appealable to the Supreme Court. 22 Del. C. 1953, §  820;  53 Del. Laws, c. 260;  55 Del. Laws, c. 135.;
22 DE Code § 825. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter IV. Provision for Transition in Event of Charter Repeal|§ 825. Termination of home rule charter status.

§ 825. Termination of home rule charter status. A municipal legislative body or charter commission which proposes the termination of home rule charter status by repeal of a home rule charter shall incorporate in the proposition to be submitted to the qualified voters a specification of the form of government under which the municipal corporation would thereafter operate in the event of repeal, whether it be a form prescribed by general law for municipalities of its population class or 1 of such optional forms as may have been authorized by general law for municipalities of its population class. A municipal legislative body or charter commission proposing charter repeal shall also, by resolution of that body, determine when the transition to the new form of government would take place in the event of repeal and make such other provision, as may be appropriate, to effect an orderly transition from home rule charter to nonhome rule charter status. 22 Del. C. 1953, §  825;  53 Del. Laws, c. 260.;
22 DE Code § 830. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter V. Legislation Increasing Municipal Financial Burdens|§ 830. Amendments relating to bonded indebtedness and taxing powers.

§ 830. Amendments relating to bonded indebtedness and taxing powers. (a) No municipal corporation, the charter of which imposes a limitation on the indebtedness of the municipal corporation, shall amend its charter, pursuant to this chapter, so as to permit it to raise the limitation on its total indebtedness, except that any municipal corporation which may amend its charter pursuant to this chapter may adopt a charter amendment, pursuant to this chapter, which provides that:  (1) Capital improvement bonds may be authorized payable in not more than 30 years from date of issue; (2) The bonds may be issued from time to time, as long as the total bonded indebtedness of the municipal corporation does not exceed 15% of the total assessed value of all the real estate subject to taxation located within the municipal corporation; (3) Any other provision relating to the issuance and payment of the bonds which is not inconsistent with paragraphs (a)(1) and (2) of this section. (b) No municipal corporation, the charter of which imposes a limitation on the taxing power of the municipal corporation, shall amend its charter, pursuant to this chapter, so as to permit the municipal corporation to increase the amount of money that may be raised by taxes or to permit the levying of any new taxes, except that any such municipal corporation which may amend its charter pursuant to this chapter may adopt a charter amendment pursuant to this chapter which provides that the municipal corporation may raise, in addition to the taxes necessary to service the bonded indebtedness of the municipal corporation, by taxes upon real estate, a sum of money not in excess of 2% of the total assessed value of all the real estate subject to taxation located within the municipal corporation. 22 Del. C. 1953, §  830;  53 Del. Laws, c. 260.;
22 DE Code § 835. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter VI. Limitations and Exceptions|§ 835. Amendments prohibited.

§ 835. Amendments prohibited. (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. 1953, §  835;  53 Del. Laws, c. 260;  65 Del. Laws, c. 133, §  1;  70 Del. Laws, c. 186, §  1;
22 DE Code § 836. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter VI. Limitations and Exceptions|§ 836. Filing of existing charter.

§ 836. Filing of existing charter. In order for any municipal corporation to proceed under this chapter, it shall file before June 1, 1963, with the Secretary of State and with the Director of the Legislative Reference Bureau a complete copy of its then existing charter. The copy shall show by appropriate citations the source of each section of the charter. The citations shall show the original source of each section of the charter and the source of all amendments thereto. The copy of the charter shall include a certificate from an attorney-at-law licensed to practice law in this State that the attorney has made a careful search of the local acts of the General Assembly relating to the municipal corporation and is of the opinion that the copy of the charter and the citations are true and correct. There shall also be a certificate of the chief executive officer attested with the seal of the municipal corporation that the chief executive officer verily believes the copy of the charter is true and correct. All subsequent amendments to the charter adopted by action of the General Assembly shall be filed within 20 days of becoming law. 22 Del. C. 1953, §  836;  53 Del. Laws, c. 260;  70 Del. Laws, c. 186, §  1;
22 DE Code § 841. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 8. Home Rule|Subchapter VII. Residency Requirements|§ 841. Residency requirements.

§ 841. Residency requirements. Notwithstanding any charter provision, ordinance or other provision to the contrary, no municipal corporation with a population exceeding 50,000 shall require that, as a condition of continued employment, an employee with at least 5 years of service for the municipality be, become or remain a resident of the municipality during their employment. 68 Del. Laws, c. 271, §  1;  71 Del. Laws, c. 224, §  1;  75 Del. Laws, c. 22, §§  1, 2;
22 DE Code § 1901. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 19. The Downtown Development Districts Act|Subchapter I. Establishment, Amendment, and Termination of Districts|§ 1901. Purpose.

§ 1901. Purpose. 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.79 Del. Laws, c. 240, §  1;
22 DE Code § 1902. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 19. The Downtown Development Districts Act|Subchapter I. Establishment, Amendment, and Termination of Districts|§ 1902. Definitions.

§ 1902. Definitions. As used in this chapter:  (1) “Committee” means the Cabinet Committee on State Planning Issues established pursuant to § 9101 of Title 29. (2) “District plan” means the strategic plan or other detailed description of the overall strategy for the development of a proposed district submitted by the municipality or unincorporated area as part of its application for district designation. (3) “Downtown” means that portion of a city, town, or unincorporated area that traditionally comprises its downtown or central business district, as determined by such city, town, or unincorporated area in accordance with guidelines promulgated by the Office. (4) “Downtown Development District” or “district” means an area within a municipality or unincorporated area designated as a Downtown Development District in accordance with the provisions of this chapter. (5) “DSHA” means the Delaware State Housing Authority. (6) “Municipality” means any incorporated town or city of this State. (7) “Office” means the Office of State Planning Coordination. (8) “Unincorporated area” means an area of the State having a concentration of population that is not a municipality and that is eligible to apply for and receive district designation in accordance with rules promulgated by the Office.79 Del. Laws, c. 240, §  1;
22 DE Code § 1903. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 19. The Downtown Development Districts Act|Subchapter I. Establishment, Amendment, and Termination of Districts|§ 1903. Applications for district designation.

§ 1903. Applications for district designation. (a) At the request of the Governor, the Office shall solicit applications from municipalities and unincorporated areas to have an area designated as a Downtown Development District. Such application shall include a description of the area to be included; the need for district incentives; the district plan; local incentives offered; and such other information as may be required by the Office. (b) The Office of State Planning Coordination shall administer the application process and establish criteria to determine what areas qualify as Downtown Development Districts. The Office is authorized to take such actions as may be necessary or convenient to fulfill its responsibilities hereunder, including but not limited to promulgating rules and regulations relating to the establishment, amendment, and termination of districts and providing assistance to municipalities and unincorporated areas in connection with the application process. (c) The criteria for designating areas as Downtown Development Districts shall include:  (1) The need and impact of such a designation for such area, including but not limited to income, unemployment rate, homeownership rate, and prevalence of vacant or abandoned housing units in such municipality or unincorporated area. Need and impact factors shall account for at least 50 percent of the consideration given to applications for district designation; (2) The quality of the municipality's or unincorporated area's district plan; (3) The quality of the local incentives offered; and (4) Such other criteria as may be determined by the Office.79 Del. Laws, c. 240, §  1;
22 DE Code § 1904. (2021)
2021 Delaware Code|Title 22 - Municipalities|Chapter 19. The Downtown Development Districts Act|Subchapter I. Establishment, Amendment, and Termination of Districts|§ 1904. Review and approval of applications.

§ 1904. Review and approval of applications. (a) Applications for district designation shall 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) Upon receipt from the Committee of any recommended application, the Governor may:  (1) Designate immediately the recommended area as a district; (2) Designate the recommended area as a district effective 1 year from the date of such determination by the Governor; or (3) Deny such application. (c) The initial round of applications shall result in the immediate designation of at least 1 but no more than 3 districts. 79 Del. Laws, c. 240, §  1;